HomeMy WebLinkAboutORD 17-065 - REMOVAL OF COMPETITIVE BIDDING REQUIREMENTSORDINANCE NO. 17-065
DECLARING AN EMERGENCY; REMOVING THE OPERATION
OF THE COMPETITIVE BIDDING REQUIREMENTS OF THE
APPLICABLE COMPETITIVE BIDDING PROVISIONS OF THE
CITY CHARTER AND CODE OF ORDINANCES PURSUANT TO
SECTION 252.022 OF THE TEXAS LOCAL GOVERNMENT
CODE WITH RESPECT TO CONTRACTS FOR
PROCUREMENTS MADE BECAUSE OF THE PUBLIC
CALAMITY RESULTING FROM HURRICANE HARVEY, FOR A
PERIOD OF AT LEAST 90 DAYS FROM AND AFTER AUGUST
25, 2017.
WHEREAS, the City of Beaumont has declared a state of disaster and emergency in
accordance with Section 418.108 of the Texas Disaster Act of 1975, Local Government Code of
Texas; and
WHEREAS, the Governor of the State of Texas and the President of the United States
have designated the City of Beaumont a disaster area;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS
Section 1.
That the Operation of the competitive bidding requirements of the applicable competitive
bidding provisions of the City Charter and Code of Ordinances with respect to contracts ford
recovery related procurements made by reason of the public calamity resulting from Hurricane{
Harvey, is hereby removed for a period of 90 days from and after August 25, 2017, unless4he
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state of disaster is terminated earlier, provided, however, that, insofar as practicable, bids-
quotations, or estimates of material, labor and other costs for purchases, goods, works arg the '
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like described will be diligently solicited and procured prior to entering into contract therefor, and
such contract, if awarded, will be made to the lowest, best, or expedient bid, quotation, or
estimate received. The determination of the lowest, best, or expedient bid is within the sole
discretion of the City Manager, or his designee, and his decision is final.
Section 2.
Pursuant to Section 5150 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, in the expenditure of Federal funds for debris clearance, distribution of supplies,
reconstruction, and other major disaster or emergency assistance activities which may be
carried out by contract or agreement with private organizations, firms, or individuals, preference
will be given, to the extent feasible and practicable, to those organizations, firms and individuals
residing or doing business primarily in the area affected by such major disaster or emergency.
Section 3.
The necessity to remove the operation of the competitive requirements for the period of
time as outlined above creates a public emergency and an imperative public necessity requiring
the suspension of the Charter rule that every ordinance imposing a penalty, fine, imprisonment
or forfeiture for violation of its provisions be published within ten (10) days after passage thereof
for three (3) successive days, and the Mayor, having declared such an emergency and
necessity exist, having requested the suspension of the Charter rule that this nrrlinanrP hp
nally on the date of its introduction and take effect and be in full force and effect from
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its passage, IT IS ACCORDINGLY SO ORDAINED, this the � day of August,
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Mayor BecuAmes