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HomeMy WebLinkAboutRES 22-218RESOLUTION NO. 22-21 S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS APPROVING RULES FOR THE ELECTRONIC RECEIPT OF BIDS OR PROPOSALS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Chapter 252, Section 252.0415(a) of the Texas Local Government Code provides authority for a municipality to receive bids or proposal through electronic transmission; and, WHEREAS, prior to receiving bids or proposals through electronic transmission, the Local Government Code requires the governing body of the municipality to adopt rules ensuring the identification, security, and confidentiality of electronic bids or proposal; and, WHEREAS, said rules must further ensure that the electronic bids or proposal remain effectively unopened until the proper time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: SECTION ONE: The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION TWO: The City Council of the City of Beaumont, Texas, in accordance with the Texas Local Government Code 252.0415 hereby approves the rules attached hereto as Exhibit "A" for ensuring the identification, security, and confidentiality of electronic bids or proposals and further ensuring that the electronic bids or proposal remain effectively unopened until the proper time. SECTION THREE: If any provision of this resolution or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this resolution which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are hereby declared to be severable. SECTION FOUR: The Mayor is hereby authorized to sign this resolution and the City Secretary to attest. This resolution shall become effective upon its adoption. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of September, 2022. - Mayor Robin Mouton - AT EST: Tina Broussard, City Clerk APPROVED AS TO FORM: Sharae Reed, City Attorney CITY OF BEAUMONT RULES FOR THE ELECTRONIC RECEIPT OF BIDS OR PROPOSALS Pursuant to the Texas Local Government Code, Section 252.0415 " Procedures for Electronic Bids or Proposals", the City of Beaumont adopts the following rules to insure the identification, security, and confidentiality of electronic bids or proposals and to ensure that the electronic bids or proposals remain effectively unopened until the proper time. 1. All users of the system shall be assigned to a unique user name and password. 2. Access to the system by authorized users shall be logged and tracked for audit purposes in order to record when any user has accessed the system and what data the user accessed. 3. Transmittal of data through the internet shall be encrypted. All sensitive data (sealed bid responses, passwords, etc.) within the system shall be encrypted at the database level. 4. All bids or proposals submitted shall be protected using a time -sensitive mechanism that allows the data to be decrypted only after the due date and time. 5. The system shall be synchronized to an atomic clock (U.S. Nuclear Time) to ensure exact recording of the due date and time, and the receipt of date and time, of each submission. 6. The contents of supplier response submissions are not available during the bid process. 7. Only Purchasing staff, with an authorized user account and password, and only on or after the established due date and time, can open the electronic bids or proposals. The system shall provide an audit trail of who unsealed the proposals and a corresponding time stamp. 8. The City of Beaumont will determine when and what information is released to the public pursuant to Texas law. The Purchasing Manager is responsible for ensuring that any system used for electronic receipt of bids or proposals complies with the aforementioned rules, state law, and all other statutory requirements for competitive bids or proposals. EXHIBIT "A"