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Home My WebLink AboutO-2010-004 Amending Purchasing Ordinance ORDINANCE NO. 2010-004 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER(PART III, ARTICLE 3, SECTION 40) AND PART XII, ARTICLE 5, SECTION 3) AND SECTION 2-10 OF THE CITY CODE ORDINANCES TO REDUCE THE ADVERTISING REQUIREMENT FOR BIDS OF CITY PURCHASES, TO PROVIDE FOR ON- LINE BID ADVERTISEMENTS AND EXTENDING THE ALLOWABLE USE OF OTHER GOVERNMENTAL COMPETITIVE BID CONTRACTS ("PIGGY BACKING") FROM TWELVE (12) TO EIGHTEEN (18) MONTHS; 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 1. That Part III, Article 3, Section 40)of the City Charter is amended to read as follows: PART III. ADMINISTRATIVE OFFICERS AND DEPARTMENTS ARTICLE 3. CITY MANAGER Sec. 4. Powers and duties. The city manager shall be responsible to the city commission for the proper administration of all affairs of the city coming under his or her jurisdiction, and his or her powers are: 0) To purchase supplies, services, materials, and equipment for the various departments of the city government in an amount up to and including a monetary threshold (as established by the city commission by ordinance) whenever necessary and proper so to do. Purchases of supplies, services, materials, and equipment for the city government in excess of the established monetary threshold may be made by the city manager without competitive bidding and without advertisement for bids if the city manager is authorized to do so in advance by a resolution adopted by the city commission. Contracts for the purchase of supplies, services, materials and equipment for the city government in excess of the monetary threshold shall be entered into or let by authorization and approval of the city commission, after advertisement for bids in one or more governmental bid solicitation web sites (such as "Demand Star") and in a newspaper which is generally circulated within the City. Such advertisement is to be published once, w+ 0f 1WO (2) ea seeti five weeks • ith the fins.. .ublieatien to be not less than fifteen (15) days prior to the reception of bids. During unusual conditions or emergencies, the city commission may, by resolution, authorize the purchase by the city manager of designated supplies, services, equipment and materials in amounts in excess of the monetary threshold without competitive bids and without advertisement for bids. In addition to the foregoing, the city commission may, by resolution, authorize the purchase of designated supplies, services, equipment and materials in amounts in excess of the monetary threshold without competitive bids and without advertising for bids if such purchases are made pursuant to a competitive bid obtained within the last � e (12) eighteen (18) months (or as such bid may have been extended by the vendor, supplier, contractor or other similar person, subject to the same conditions as the original bid) by other governmental entities, provided that any such purchase which exceeds a monetary threshold as established by the city commission by ordinance requires a four-fifths ( 4/5) vote of the city commission. Nothing in this paragraph 0) shall be applied in a manner which conflicts with the requirements of the Florida Statutes. The restrictions in this paragraph do not apply to services sought by the city which relate to cost recovery, as such cost recovery system is established by ordinance. 2 ORDINANCE#2010-004 Section 2. That Part XII, Article 5, Section 3 of the City Charter is amended to read as follows: PART XII. MISCELLANEOUS PROVISIONS ARTICLE 5. CONTRACTS Sec. 3. Approval by city commission of certain contracts. Contracts for the purchase of supplies, equipment, materials and services for the city government in amounts up to and including a monetary threshold (as established by the city commission by ordinance) may be made by the city manager, without competitive bidding and without advertisement for 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 government in excess of the established monetary threshold 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 twenty five a,,...sand dollar ,e�BA.0A) the monetary threshold, and all contracts for the construction, extension and improvements to any public utilities works in excess of twenty five 4housand dellafs ($25,000.00) the monetary threshold shall not be entered into or let except by authorization and approval of the city commission, after advertisement for bids in one or more aovernmental bid solicitation web sites (such as "Demand Star") and in a newspaper published in Broward County, Florida which is generally circulated within the city, with such publication to be published once, weekly for two (2) eenseeutive wee,... . i4h the first ...Beat., n to be not less than fifteen (15) days prior to the reception of bids. However, during unusual conditions or circumstances and 3 ORDINANCE#2010-004 emergencies, the city commission may, by resolution, authorize the purchase of designated supplies, services, equipment and materials in amounts in excess of twe"t), five ihousand dollars ($25,090.90) the monetary threshold without competitive bids and without advertisement for bids. Further, the city shall have the right to contract for the disposal of garbage, trash, waste and 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 of designated supplies, services, equipment and materials in amounts in excess of twenty five thousand delta_., ($25 nnn nm the monetary threshold without competitive bids and without advertising for bids if such purchases are made pursuant to a competitive bid obtained within the last twelve a (12) eighteen (18) months by other governmental entities such as the federal government, the State of Florida or a Florida county or municipality. Section 3. That Section 2-10 of the City Code of Ordinances is amended to read as follows: Sec. 2-10. Monetary thresholds for certain purchases and check authorizations. (a) For the purchase by the city manager of supplies, services, material and equipment with the exception of covered City insurance claim settlement payments, the monetary threshold or limitation is Twenty Five Thousand Dollars ($25,000.00). For purchases exceeding that amount, city commission authorization is required, as provided by the subsection 40) of Article 3 of Part III of the City Charter; Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. 4 ORDINANCE#2010-004 Section 6. That this Ordinance shall take effect immediately at the time of its passage. PASSED on first reading on March 9,2010. PASSED AND ADOPTED on second reading on March 23, 2010. C. . MCELYE NaRoIs Fli7sr AYOR—COMMISSIONER ATTEST; ev° _ GAA. LOUISE STILSON, CMC CITY CLERK �fbaaho , APPR0 ED AS O FO AND CORRECTNESS: THOMAS J./ANfBItO CITY ATTORNEY 5 ORDINANCE#2010-004