HomeMy WebLinkAbout2000 05 08 Public Hearings C First Reading - Ordinance 2000-15 City Purchasing Policies and Procedures
COMMISSION AGENDA
ITEM C
May 8, 2000
Meeting
~
Mgr, / Dept.
Authorization
Consent
Informational
Public Hearing X
Regular
REQUEST:
The General Services Department requests that the City Commission adopt on
first reading Ordinance 2000-15, relating to the City Purchasing Policies and
Procedures,
PURPOSE:
The purpose of this agenda item is to allow flexibility and a greater degree of
discretion in purchasing goods and services by permitting the City Manager to
acquire necessary materials, supplies, equipment, or services through a contract
previously negotiated and executed by another governmental entity, Further,
Ordinance 2000-15 would allow for full participation in the Bank of America
Purchasing Card Program, previously endorsed in concept and voted upon
favorably by the City Commission.
APPLICABLE LAW AND PUBLIC POLICY:
City Charter and Administrative Code
CONSIDERATIONS:
In discussions with the City Attorney, it was determined that current policies
and procedures technically do not allow for what is commonly known and
practiced as "piggybacking," This eliminates the need for soliciting bids by
purchasing from a contract held by another governmental entity which
already completed a bid solicitation process,
May 8, 2000
City Commission Regular Agenda
Item 1111
In preparing to implement the Bank of America Purchasing Card program, it
was also discovered that the City's current policies mandate the preparation
and issuance of a purchase order for the acquisition of all materials, supplies,
and services, Since the purchasing card program is specifically designed to
eliminate the need for most purchase orders, this ordinance would make city
policy consistent with evolving practices,
FUNDING:
N/A
STAFF RECOMMENDATION:
Staff recommends the City Commission adopt Ordinance 2000-15 on first
reading.
ATTACHMENTS:
FAX transmittal from City Attorney Garganese
Legal opinion from City Attorney Garganese, dated March 23, 2000
COMMISSION ACTION:
~ L1-0~-2000 3: 25Pt.1
Rich:.rd S. Am:lri
~ichol:., n, n:'II1~(I'"
Kohn Benn~tt
BradlJ Roger Bettin, Sr.
Anthony A, Gargan'~'l! +
Mitchell S, Goldman
.J, V\' esle)' l{ClWcte
Matthew,J, Monas:han
Marlc S. Pc>ters
David M, Prl!snick
Ch.trles .It, Steinberl:
James S, Thl'r13c. III
FROI.,j At.1AR I, THER I A 321 6396690
LA W OFFICES
AMARI & THERIAC, P.A.
Atlornl!Y~ and ClJ\lJ1sl!lors, At Law
Reply To: Cocoa r,o, 80x
· Admitted ^L. 1"1-
+Board Ct>rtilied City, County, &: l.,ocal Go\'ernment bI".
FACSIMILE TRANSMISSION
P.l
M:lriner Square
96 Willard Strellt, Suitt 302
1'.0, BClX 1S07
CoCO.l, Florida 32923-1807
Telephone (321) 639-1320
Fax '(321) (\39-6690
Imperi:lJ' PW:l.
Suite B104
6769 N, Wickham Road
MclbcJllrlle, Florida 3.294U
Ttlcphone (321) 259.6611
Fax (321) 259-6624
The information contained in this facsimile message is a privileged and confidential attorney
communication, intended only for the use of the individual or entity named below, If the reader
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Thank you,
DATE:
FROM:
TO:
FAX NO:
A~rjl 5. 2000
ANTHONY A. GARGANESE. ESO.,
GENE DeMARIE
(407) 327-4753
TOTAL NUMBER OF PAGES (including cover sheet): 4
If you I,ave problems with this FACSIMILE TRANSMISSION, please call 321-639-1320
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FRor.1 At-1AR I, THER I A 321 6,396690
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ORDINANCE NO. 2000-15
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, RELATING TO
CITY PURCHASING POLICIES AND PROCEDURES;
AMENDING THE CITY OF WINTER SPRlNGS CODE OF
ORDINANCES, SECTIONS ~151, 2-152,' AND 2-153;
PROVIDING FOR TH.E REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORA TlON INTO THE CODE; PROVIDING' FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
"VHEREAS, the City Commission of the City of Winter Springs, Florida, has, from time to
time, adopted and revised purchasing policies and procedures for :the purchase of goods and services
relating to the operation of the City; and
WHEREAS, those purchasing policies and procedures are in need of updating by the
adoption of this Ordinance; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, herehy finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs,
NOW, THEREFORE, BE IT ORDA.INED BY THlt CITY COMMISSION O'f THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORID~ AS FOLLO'VS:
5.f.t.t.i2!Lh Winter Springs Code of Ordinance is hereby amended as follows: (underlined type
indicates additions and m1keout type indicates deletions).
Sec. 2-151. Purchas-eing ~ ~Iicy and Procedure Established.
Pl:hc.llll.!;C; oldc~s sllAlI rCI)lCSGlit d.ulIIVI;~al~Oll to y\,udill5~ ti,e ;tel),l ~tated 011 the
pUldl~se \,lId.;:;) ~ubjGd to the PUJvllc1:OC. oIJ~;a !.,l;;;IJg approved by tlK llec.'ld \,If tIle
depa;. LuCHt lllakTng tIle: pUIGhMC. and th~ city 11l4J.lclt5eJ.
}:.Jn1ess otherwise provided by city charter~ city ordinance, or state or federal law, aU
city purcha,~all be made pursuant to written uniform purcnasjn~ policies a.no.
procedures establj~hed by the City Manager The City Tvrana~er is authorized to
p-urch()$e or contract for all commodities <I1ld services required by the City which do
not exceed twelve thousand five hundred dollars ($12.500) ..6JI purchases or
contracts for all ~mm(lditie;:; and selvices .required by tbe City which e'Sceed twelve
City of Winter Springs
Ordinance No, 2000-15
'Pa.ge I of 3
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FROM AMARI. THERIA 3216396690
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thousand five hundred dollars shall be approved bv the City Cornmis"ion,
Sec. 2-152. When written bids are required; waiver.
The Cit)' !\lanc!l~er is duthO'!i""ed to' pLudl!!o1;. VI \"'vllt!aa fVI llll c\)'III1LO'd~t~e~
and sen,ic..c;,:., l;.yu~led b) tLc Ctl} ",J.;"h doeb hot eXC<:Gd t"" el ve thO'rl.!.-and r. vc huudn:;J
($12,500), The City IHay leceive: ~J~ttell bjJ.~ all purchases af more thai! U"dve
thouSdlld G\,\'" hullJle:J Joll.u;:, ($12,500), ur the City CJlflW;;:,siO'II Il1d)' vYa;~e tl,;;:.
lequilc:'llent fO'I tile best ;Iltert,:.t oftl1{, Cly, The Crty"*1aJlagel ;;:. <1.utlluli""ed to'
c!itc1blislr a ~J5tell'\ OJ amet1d tl(1;; I;;~t~!ig :s)'stelll, of ull;form plocurellltut pJOceJules
<lI1J J.l1G\"hce5 to' suppleuleJlt !hi:> /-,0'1-:.y AJJ~hO'I~, dell;;llvllS O'J dllll;;)IJwCrlL!, LI} tlJl;5~
Pl acedu, e:S <1.uJ pucti"c::> :;,hall be at tbe sO'le di':'''1 d~O'll O'f tile: C t y Mchlc!l;!:e"
Unless otherwise required by city charter, citY ordinance, ar state or federal law,
competitive prices for all Durchases af commodities and services shall be obtained by
written hid, quote ar proposal and the purchase made from, or the contract awarded
1Q....1..hs:: Jo'\vest and best. responsible bidder Natwithstanding any requirement fQr
ohtaining written bids, quotes or proposals, purchases may be made by: (i)
~ating with other governmental entities in solicitin~ cO'mpetitive bids, quates,
or proposals: (ii) usings,Q,r.!lPetitive bids Quotes, ar oroposals received by other
gDvernmentaJ agencies, proviDed they were made within one year of the date the city
oropo1-\es to use them: (iii) using a current conn"act previously awarded to anather
governmental agenc.)" (iv') using a purchase card orovidedt.he Durchase comolies with
the citv's purchase card guidelines: (v) using a sole source vendor; (vi) negotiating
direct!\' WitJLa..JuDvider of Dt:ofessiona.l services: and (vii) declaring a purcha$e an
.emer~ency: pravided said purcbases are allowed by cit.y charter and state and federal
Jaw and deemed in the best interests of the city by the cit)' commillsion or the city
manager for Illirchases within the city manager's spending authorit~
s~c. 2~1::;J,'BiJd;ug; p. \JuJu. c.
All V'o 1 ;tt<:'J) bid~ SllAlI be SublllitteJ tv llrl; ,,~t.Y deJ h., All bids sllaJI b(. oIJened
by-the-cit) IJJ<lnat:jcr, 01 ,,;t) 0ftic~lLJ desi':;lldted by tIll; (..~t.Y lUltuA.!:)e:I, '''hell 1'.1 iucn
b~d~ <11 e I e:l.J.uij ed, the ~pec.l,Gcd.tions fo,( :>ul.-h bids slld.1l be ad" el tisedi'J d Ilew 5p<lpel
of gellC' <1.1 vir \"'uL~fjon ill til\.., COL.lIly at kedt fjfk~u (IS) d~\'y5 pliO'l to' the. op(.l)ilLo of
Ole L;J:., I"",e,er, eme1b\,;ucy ~p"";[;(..<lt;u1l5 witlJvut ad"ert~,:,c:uH;;ullJJllj bL. peJIII;tted
lJl->Ou UlJcUI;llluLl:;, vole L) dlll.l)(.1l1be15 crtli" ,;tJ CO'lillll,issiO'll,
Cit}' of Winter Springs
Ordinance No. 2QOO-15
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.. .. . .
FROM AMARI. THERIA 3216396690
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~tiofl.Z, Repeal of:Prior Inconsistent Ordinances and Resolutions, All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of ordinan.ces and resolutions
in conflict he("ewith, are hereby repealed to the extent of the conflict.
~tiOlLJ. Incorporation Into Code, This ordinance shall be incorporated ,into the Code of
Ordinance of the City of Winter Springs and any section or paragraph number or letter and any
heading may he changed or modified as necessary to effectuate: the foregoing.
SectiorL.!, Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held inva.lid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural. or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity ofthe
remaining portions of this ordinance.
llition~, . Effective Date, This Ordinance shaJl become effective immediately upon adoption
by the City Commission of the City of Winter Springs, .Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the _ day of ,2000.
Paul P. Partyka,'Mayor
ATTEST:
AndreCll Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL fORM
AND SUFFICIENCY FOR THE CITY
OF Wn..JTER SPRINGS Ol\J1.. Y:
Anthont)' A. Gurganesc, City Attorney
Pirst Reading:.
Second Reading:__
Effective Date:
City nf Winter Springs
Ordinance No, 2000-15
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.,.. "-..-) ~,i'-.
LA W OFFICES
AMARI & THERIAC, P.A.
Attorneys and Counselors At Law
Richard S, Amari
Nicholas B. Bangos.
Kohn Bennett
Bradly Roger Bettin, Sr.
Anthony A. Garganese +
Mitchell S. Goldman
J. Wesley Howze
Matthew J. Monaghan
Mark S. Peters
David M. Presnick
Charles R. Steinberg
James S, Theriac, III
Reply To: Cocoa P.O. Box
Mariner Square
% Willard Street, Suite 302
P.O. Box 1807
Cocoa, Florida 32923-1807
Telephone (407) 639-1320
Fax (407) 639-6690
Imperial Plaza
Suite BI04
6769 N, Wickham Road
Melbourne, Florida 32940
Telephone (407) 259-6611
Fax (407) 259-6624
.Admitted AL, FL
+Board Certified City, County, & Local Government Law
March 23, 2000
VIA HAND DELIVERY
Gene DeMarie
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Purchasing Issues
Dear Gene:
I am responding to your inquiry whether the City would have to amend its current
purchasing policies to allow for "piggy back" (use of another governmental agency's bid) and
purchase card (use ofa debit card type product) purchases. For purposes of your inquiry, I
conducted a cursory review of the City's current Purchasing Manual, Charter and Code of
Ordinances,
First, I tend to agree with you that the City's purchasing policies are in need of updating
and revision, which is obviously well beyond the scope of your immediate inquiry and needs. I
recommend you begin that process at your earliest convenience.
As for your inquiry, however, it is my view that an amendment to the City's purchasing
policies will be required to implement the use of piggy back and purchase card purchases because
the current Purchasing Manual appears to mandate the use of written purchase orders and require
either formal written bids (purchases greater than $12,500.00) or written quotations (purchases
from $500.00 to $12,500.00), Further, Section 2-152 of the Winter Springs Code requires written
bids on all purchases for more than $4,000.00, unless bids are waived by the City Commission for
an emergency.
Because the aforementioned Purchasing Polices appear to be mandated, one could
.;.. .:t"~f' .~.
Mr, Gene DeMarie
March 23,2000
Page Two
reasonably argue the Purchasing Policies, as currently drafted, do not provide the flexibility for the
City to use any other means of purchasing, such as "piggy back" and purchase card purchases.
Moreover, in my view, mandating that the City must solicit written bids is inconsistent with the
City piggy backing another governmental agency bid and the City using a purchase card because
neither piggy back nor purchase card purchases would require the City to solicit written bids,
Furthermore, the requirement of using a written purchase order system for City purchases is
obviously inconsistent with using a purchase card, which is a point of sale, electronic system of
making a purchase, Therefore, an amendment to the City's purchasing policies should be adopted
to specifically allow piggy back and purchase card purchases.
However, without further information, I can not advise you at this time whether an
amendment to the Purchasing Manual, Code of Ordinances, or both, is required. First, I am
concerned about the apparent conflict between Section 2-152 and the Purchasing Manual's written
bid and quote requirement mentioned above (see Purchasing Manual, pages 14, 15, & 19). If
Section 2-152 has not been repealed or amended consistent with the Purchasing Manual, this
apparent conflict must be resolved immediately. Any amendment to Section 2-152 would require
the adoption of an ordinance. Moreover, I am unclear as to how the Purchasing Manual was
adopted (administratively, ordinance or resolution of the Commission?). Any amendment to the
Purchasing Manual would have to be in a manner similar to the method by which it was adopted,
The preferred method is by resolution of the City Commission.
Lastly, once we determine the means by which to amend the City's purchasing policies, one
expedient way (without a comprehensive revision to the City's existing purchasing policies) to
allow for piggy back, purchase card, and other types of flexible purchases is to adopt a short policy
statement. For example:
Notwithstanding any City requirement for the solicitation of written bids or quotes,
the City may, when deemed in the City's best interest, waive the requirement for
written bids or quotes by: (i) cooperating with other governmental entities in
soliciting competitive bids or quotes; (ii) using competitive bids received by other
governmental agencies, provided the bids were made within one year of the date the
City proposes to use the bids; (iii) using a current contract previously awarded to
another governmental agency; (iv) using a purchase card, provided the purchase
complies with the City's purchase card guidelines; (v) using a sole source vendor;
(vi) using direct negotiation for professional services; and (vii) declaring a purchase
an emergency. Such purchases, however, shall be subject to any applicable
requirements provided by state and federal law.
.,.1""1', .-,2":
Mr. Gene DeMarie
March 23,2000
Page lbree
I look forward to further discussing this matter with you at your earliest convenience,
Anthony A. Garganese, ity Attorney
AAG/
cc: City Mapager