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Home My WebLink About2000 06 12 Public Hearings A Second Reading - Ordinance 2000-15 City Purchasing Policies and Procedures COMMISSION AGENDA ITEM A June12,2000 Meeting Consent Informational Public Hearing X Regular / Authorization REQUEST: The General Services Department requests that the City Commission adopt on second 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. June 12, 2000 City Commission Regular Agenda Item" " 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. - Another section has been added to the ordinance by the City Attorney which addresses past purchases, as discussed at the Commission meeting of May 8, 2000. FUNDING: N/A STAFF RECOMMENDATION: Staff recommends the City Commission adopt Ordinance 2000-15 on second reading. ATTACHMENTS: Ordinance # 2000--15 Legal advertisement COMMISSION ACTION: ~ ~ ~ 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 SPRINGS CODE OF ORDINANCES, SECTIONS 2-151, 2-152, AND 2-153; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR lNCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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, hereby 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 ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Winter Springs Code of Ordinances is hereby amended as follows: (underlined type indicates additions and stJikeout type indicates deletions). Sec. 2-151. Purchaseing Orden. Policv and Procedure Established. rmchasc oldcIS shaH leplescnt autllorinrtion to pUlchasc tile item stated 011 the pmcMse oldGl subject to the pme.hase. Older bc.i1lg apploved by tile. head of the department nutking the pm e.hase and the city nlaliagel. Unless otherwise provided by city charter. city ordinance. or state or federal law. all city purchases shall be made pursuant to written uniform purchasing policies and procedures established by the city manager. The city manager is authorized to purchase or contract for all commodities and services required by the city which do not exceed twelve thousand five hundred dollars ($12.500). All purchases or City of Winter Springs Ordinance No. 2000-15 Page 1 of 3 "ii ~ contracts for all commodities and services required by the city which exceed twelve thousand five hundred dollars shall be approved by the city commission. Sec. 2-152. When written bids are required; waiver. The. City M<mage.r is autllol iz:cd to pm e.ha5e. or cOlltract fot aU cOIlIll1oditics and SGr vtcGS rcquiuxi by tile. Cit) ~hidl docs 1I0t cxcee.d twelve thousand five hundled ($12,500). The. City nlay I ccei vC WI ittelI bids on pU1ch~es of more than Twd ve tllousahd five hundred dollals ($12,500), 01 tilC City C0l11111ission may waive. this requiremcnt fOl tile best nlteIcst o[thc City. Tltc City Managcr is authoIizcd to e5tabfuih a system, 01 alll~ld tile cxistihg S)'stCI11, 0[ulIifoIl11 proCtlle.llICllt procedU1c5 and practices to supplctlIcnt tllis policy. AdditiolIs, deletiolIs 01 alUendlIlcnts to thc5e procedures alId practiccs shaH be at thc sole discretion ohhe City Manage!. Unless otherwise required by city charter. city ordinance. or state or federal law. competitive prices for all purchases of commodities and services shall be obtained by written bid. quote. or proposal and the purchase made from. or the contract awarded to. the lowest and best responsible bidder. Notwithstanding any requirement for obtaining written bids. quotes or proposals. purchases may be made by: (i) cooperating with other governmental entities in soliciting competitive bids. quotes or proposals: (ii) using competitive bids. quotes or proposals received by other governmental agencies. provided they were made within one year of the date the city proposes to use them: (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) negotiating directly with a provider of professional services: and (vii) declaring a purchase an emergency: provided said purchases are allowed by city charter and state and federal law and deemed in the best interests of the city by the city commission or the city manager for purchases within the city manager's spending authority. Scc. 2 153. Bidding procedure. AH written bids shaH be submitted to tltc city detk. AM bids shaH be opc.ned by the city manager, 01 city official designated by tltc city manager. When wIittcn bids arc required, the specificatiollS rot sodl bids sllall be ad vel tiscd ilI a newspape.r of ge.lIetal cire.ulation in tIIC county at k~t fifteclI (15) days plioI to thc ope.ning of the bids, howcve.l, emc,rgcnc.y specifications witllout ad'\lertise.me.nt may be. pGuuftted upon U11alllmoUS votc by all lllGmbGls ohhe. c.ity cOIlIlnissioll. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions City of Winter Springs Ordinance No. 2000-15 Page 2 of 3 '"~ (; in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. Incorporation Into Code. This Ordinance shall be incorporated into the Code of Ordinances of the City of Winter Springs and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 4. Severability. rfany section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid 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 of the remaining portions of this ordinance. Section 5. Prior Purchases. All prior purchases made prior to the effective date of this Ordinance are hereby ratified and approved. Section 6. Effective Date. This Ordinance shall 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 12th day of June ,2000. TTEST: 1-- u3ces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF R,SPRINGS ONLY: : I /1 1/ v Attorney First Reading: Second Reading: Effective Date: May 8, 2000 June 12, 2000 June 12, 2000 City of Winter Springs Ordinance No. 2000-15 Page 3 of 3 Nollce 01 Public Hearing Winter Springs, Florida NOTICE IS HEREBY GIVEN by Ihe Cily Commission of the City gfo~~~:~j~~(~WISh~~ ta~us~:~ i hearing on an Ordinance enli- " lied: ORDINANCE NO. 2000-15 I An ordinance of Ihe City.of Win. j ~~' 8rd;g2~c:~' s~7~~~g2~1~t , 2,152, an 2-153, regarding cily Purchasing Policies and Proce. dures; providing for severability, confiicts, and an effective date. This Public Hearing will be held al 6:30 P.M., Monday, June 12. 2000, or as Soon thereaNer as possible, in the Commission Chambers, City Hall. 1126 Easl S.R. 434, Winter Springs. FL. 32708. Copies are available in the City Oer1<'s office lor inspec. tion. Interested parties may ap- g::;d.a~et~i~n~~~~ng;S~~~ili~: needing assistance. to partici~ pate in lhese proceedings should contact the Employee Relations Office, ADA Coord'na. lor, 46 hours in advance of lhe meeling al 407-327.1800. Persons are advised that if they decide to appeal any decisions made at those meetings/hear. ings, they will need a record for such purposes, and they may need to insure thaI a verbatim record of the prOCeedings is made. which includos the testi- mony and evidence upon which the appeal is based. per Section 286.0105. F.S. CSE3339.~!l2 JUNE 2 2000