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HomeMy WebLinkAboutO-2008-004ORDINANCE NO.2OO8.OO4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER (PART XII, ARTICLE 5, SECTION 3) AND SECTION 2-10 OF THE CITY CODE ORDINANCES TO CHANGE THE PURCHASING LIMIT AUTHORITY OF THE CITY MANAGER, FOR THE PURCHASE OF SUPPLIES, SERVICES, MATERIALS AND EQUIPMENT FOR CITY USE, FROM FIFTEEN THOUSAND DOLLARS ($15,OOO.OO) UP TO AND INCLUDING THE AMOLTNT OF TWENTY.FIVE THOUSAND ($25,OOO.OO) DOLLARS; PROVIDING FURTHER CLARIFICATION OF SPENDING LIMITS IN SECTION 2-10; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section l.That Part XIl, Article 5, Section 3 of the City Charter is amended to read as follows: PART XII. MISCELLANEOUS PROVISIONS a a Sec.3. Approval by city commission ofcertain contracts. Contracts for the purchase ol supplies, equipment, materials and services for the city government in amounts up to and including f,fteentwenty-five thousand dollars ($*15,000.00) may be made by the city manager, without competitive bidding and without advertisement lor bids whenever he or she deems it necessary and proper so to do. During unusual conditions or emergencies, contracts for the purchase of supplies, equipment, materials and services for the city govemment in excess of Sfteenlvyerrly:lflyg thousand dollars ($*15,000.00) may be made by the city manager without competitive bidding and without advertisement for bids if he or she is authorized to do so in advance by a resolution adopted by the city commission. Contracts for the purchase of supplies, equipment materials and services in excess of &fteentwenty-five thousand dollars ($*f5,000.00) and all contracts lor the construction, extension and improvements to any public utilities works in excess of &fteen!ry99!y;.[y9 thousand dollars ($]15,000.00) shall not be ARTICLE 5. CONTRACTS entered into or let except by authorization and approval of the city commission, after advertisement for bids in a newspaper published in Broward County, Florida, with such publication to be published weekly for two (2) consecutive rveeks with the first publication to be not less than fifteen (15) days prior to lhe reception ofbids. However, during unusual conditions or circumstances and emergencies, the city commission may, by resolution, authorize the purchase of designated supplies, services, equipment and materials in amounts in excess of #ftee*tye4y:Eye thousand dollars ($+25,000.00) without competitive bids and without advertisement for bids. Further, the city shall have the right to contract for the disposal of garbage, trash, waste andlor all types of debris by direct negotiation for such services without competitive bidding and without advertisement for bids for periods of time not to exceed twenty (20) years. That in addition to the foregoing, the city commission may, by resolution, authorize the purchase ol designated supplies, services, equipment and materials in amounts in excess of Sfteenlygrrlf five thousand doltars ($*15,000.00) without competitive bids and without advertising for bids if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental entities such as the federal govemment, the State of Florida or a Florida county or municipality. Section 2. That Section 2-10 of the City Code of Ordinances is amended to read as Sec, 2-10. Monetary thresholds for certain purchases and check authorizations, (a) For the purchas. ul ,n" city manager oi ,rppli"., services, material and equipment, the monetary threshold or limitation is Sftee*rlwgllly:Evg thousand dollars ($*15,000.00). For purchases exceeding that amount, city commission authorization is required, as provided by the subsection 4O ofarticle 3 of part III ofthe City Charter; (b) For any purchases exceeding one hundred-+housand4qilljo4 dollars ($ 1,000,000.00), a four-fifths (4/5) vote of the city commission shall be required; and Section 3. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court ol competent jurisdiction, the holding shall not affect the validity ofthe remaining portions of this Ordinance. 2 ORDINANCE #2008-O04 follows: Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 5. That this Ordinance shall take effect immediately at the time of its passage. PASSED on first reading on January 8, 2008. PASSED AND ADOPTED on second reading on January 22, 2008. BOB MAYOR_COMMISSIONER ST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO AND CORRECTNESS: By: THO S SBRO CITY ATTORNEY 3 ORDINANCE #2OO8.OO4