HomeMy WebLinkAbout2000 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:
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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 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
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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
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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