HomeMy WebLinkAboutO-2017-3662 Ordinance Amending Procedures for Electronic Submission ORDINANCE NO. 2017-3662
AN ORDINANCE AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ADOPTING RULES FOR
ELECTRONIC SUBMISSION OF BIDS AND PROPOSALS IN ACCORDANCE WITH
SECTION 252.0415,TEXAS LOCAL GOVERNMENT CODE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, PROVIDING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, Section 252.0415 of the Texas Local Government Code, "Procedures for Electronic
Bids or Proposals",authorizes a municipality to receive bids or proposals by electronic submission
for expenditures over$50,000,if the governing body of the municipality adopts rules to ensure 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; and
WHEREAS, the City Council of the City of La Porte,Texas desires to allow vendors to file bids
or proposals with the City of La Porte by electronic submission, for contracts requiring
expenditures of more than$50,000;and
WHEREAS,the City Council of the City of La Porte,the governing body of the City of La Porte,
Texas, in accordance with Texas Local Government Code Section 252.0415, hereby adopts rules
to ensure 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,
which rules are to be incorporated into the City's Code of Ordinances,as provided for herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE,TEXAS:
Section 1: That Chapter 2, "Administration," Article III, "Finance," Division 2. "Purchases
and Contracts", Subdivision I, "In General", is hereby amended by adding new Section 2-84
"Procedures for Electronic Bids and Proposals",to read as follows:
"2-84—Procedures for Electronic Bids and Proposals.
The following rules and procedures will apply to bids and proposals that are filed with the City of La Porte
by electronic submission,for purchases over$50,000.The purpose of these rules and procedures is to ensure
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, in accordance with Texas
Local Government Code Section 252.0415.
I.A notification will be added to the bid/proposal instructions provided to bidders stating vendors
may submit responses electronically through Public Purchase, listing the appropriate electronic
address.
2. Only a password-enabled Purchasing Department employee of the City of La Porte will be able
to open the electronic bid/proposal responses submitted and only at the established closing time
and date. The electronic system used is locked and cannot be unsealed until the date and time
indicated.
3. At the date and time of the closing of the bids/proposals a recap summary will be opened,
downloaded and printed off Public Purchase.
4.All electronic and hard document bid/proposal responses received by closing time and date will
be read aloud to interested parties present at the bid opening."
Section-2. The City Council officially finds,determines,recites,and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted
at a place convenient to the public at the City Hall of the City of La Porte for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code;and that this meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies,approves and confirms such written notice
and the contents and posting thereof.
Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision,and if any provision hereof
shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been
passed alone.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent
of such conflict only.
Section 5. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED,this 9th day of January,2017.
CITY OF LA I P RTE,TEXAS
_
BY: r� r
oui• R. Rigby, yor
ATTE T:
By: J L L "
Patrice Fogarty, rd Secret.ff
APPROVED:
By: 7,
Clar T. Askins,Assistant City Attorney