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Home My WebLink About2023 05 08 Public Hearing 400 - First Reading, Ordinance 2023-05 (Amending Code Related to Purchasing, Providing for Adoption of Purchasing Policy, Changing Threshold Amount for Small Purchases, and Additional Housekeeping Amendments) 46 ORDINANCE NO. 2023-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, DIVISION 2 OF THE CITY OF WINTER SPRINGS CODE OF ORDINANCES RELATING TO PURCHASING; PROVIDING FOR THE ADOPTION OF A PURCHASING POLICY BY RESOLUTION OF THE CITY COMMISSION, CHANGING THE THRESHOLD AMOUNT FOR SMALL PURCHASES, AND PROVIDING FOR ADDITIONAL HOUSEKEEPING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. III of the State Constitution, to exercise any power for municipal purposes except when expressly prohibited by law; and WHEREAS, the City Commission finds that amending Chapter 2, Article VI, Finance, Division 2, Purchasing, of the City of Winter Springs Code of Ordinances to provide for the adoption of a Purchasing Policy by resolution of the City Commission will facilitate fair and equitable treatment of all persons interested in the City’s procurement practices; maximize the procurement value of public funds; assure adherence to all applicable Federal laws, State statutes, City ordinances, regulations, policies, and procedures through various methods of procurement; and increase the efficiency of City operations by facilitating the procurement of supplies, goods, equipment, contractual services, professional and consultant services, capital improvements and construction, and/or any combination of goods and services required; 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, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals.The foregoing recitals are hereby fully incorporated herein by this reference. Section 2. Amendment to Chapter 2, Administration.The City of Winter Springs Code, Chapter 2, Administration, is hereby amended as follows: (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* **) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 City of Winter Springs Ordinance No. 2023-05 Page 1 of 4 47 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to the adoption of this Ordinance): * * * Chapter 2 – ADMINISTRATION * * * ARTICLE VI. – FINANCE * * * DIVISION 2. – PURCHASING Sec. 2-151. Purchasing policy and procedure established. 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 resolution of the city commission. The city manager is authorized to purchase or contract for all commodities and services required by the city which do not exceed fifty thousand dollars ($50,000.00) and shall further have such authority to expend funds and enter into contracts as authorized by resolution of the city commission. All purchases or contracts for all commodities and services required by the city which exceed fifty thousand dollars ($50,000.00) shall be approved by the city commission. Notwithstanding, the city manager shall have the authority to purchase or contract for all commodities and services by the city which do not exceed two hundred thousand dollars ($200,000.00) in cases of a bona fide emergency such as an immediate danger to the public health or safety, loss of public or private property or an interruption in the delivery of an essential governmental service. This section shall not be construed or interpreted as limiting the purchasing and contracting authority granted to the city manager pursuant to a declaration of a state of emergency proclaimed by the city in accordance with the emergency management regulations set forth in chapter 2, article VII of the City Code. Sec. 2-152. When written bids are required; waiver; small purchases. (a) Unless otherwise required by city charter, city ordinance, state or federal law, or pursuant to subsection (b) of this section, competitive prices for all purchases of commodities and services shall be obtained by written bid, quote, or proposal as provided in the city’s Purchasing Policy and the purchase made from, or the contract awarded to, the lowest and best responsible bidder or as otherwise provided in the solicitation. 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 City of Winter Springs Ordinance No. 2023-05 Page 2 of 4 48 them; (iii) using a current contract previously awarded to by 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; and (viii) utilizing any other exception to competitive solicitation provided in the city’s Purchasing Policy; 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. (b) Small purchases of commodities and services not exceeding two thousand five hundred five thousand dollars ($2,500.00 $5,000.00) shall be exempt from the requirements of subsection (a) provided that said purchases are not prohibited by city charter, state or federal law and are deemed in the best interests of the city by the city manager or the city manager's designee. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions.All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any 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 6. Effective Date.This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ________________ day of ______________________________, 2023. ____________________________________ KEVIN McCANN, Mayor ATTEST: City of Winter Springs Ordinance No. 2023-05 Page 3 of 4 49 _____________________________________ CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ________________________________________ ANTHONY A. GARGANESE, City Attorney First Reading: __________________ Legal Ad: __________________ Second Reading: __________________ Effective Date:__________________ City of Winter Springs Ordinance No. 2023-05 Page 4 of 4 4: