HomeMy WebLinkAboutO-2003-002 Change the purchasing limit authority of the City Manager ORDINANCE NO. 2003-002
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE CITY CHARTER (PART II,
ARTICLE 3, SECTION 4 AND PART XII, ARTICLE 5, SECTION 3) TO
CHANGE THE PURCHASING LIMIT AUTHORITY OF THE CITY
MANAGER, FOR THE PURCHASE OF SUPPLIES, SERVICES,
MATERIALS AND EQUIPMENT FOR CITY USE, FROM SEVEN
THOUSAND FIVE HUNDRED DOLLARS UP TO AND INCLUDING THE
AMOUNT OF FIFTEEN THOUSAND ($15,000.00) DOLLARS;
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 4 of the City Charter, which section pertains
to the power and duties conferred upon the City Manager, is amended to read as
follows:
PART III. ADMINISTRATIVE OFFICER AND DEPARTMENTS
ARTICLE 3. CITY MANAGER
Sec. 4 Powers and duties.
(j) To purchase supplies, services, materials and equipment for the various
departments of the city government; and in such capacity he or she shall have
the right to purchase supplies, services, materials and equipment for any
department of the city in an amount up to and including seven fifteen thousand
1 ORDINANCE NO.: 2003-002
fove hundrd dollars ($7 5N 15,000.00) whenever he or she deems it necessary
and proper so to do. All purchases of supplies, services, materials and
equipment for the city government in excess of seven fifteen thousand We
hundred dollars ($7-,509 15,000.00) and in aR amount up to and inGluding fifteen
thousand dellars ($15,000.00) may be made by the city manager without
competitive bidding and without advertisement or bids Contracts for the
purchase of supplies, services, materials and equipment for the city government
in excess of fifteen thousand dollars ($15,000.00) shall not be 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, which is generally
circulated within the city limits of the City of Dania Beach, Florida, with such
publication to be published weekly for two (2) consecutive weeks with the first
publication to be not less than fifteen (15) days prior to the reception of bids.
However, 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 fifteen thousand
dollars ($15,000.00) without competitive bids and without advertisement for bids.
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 fifteen thousand dollars ($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 government, the State of Florida or a
Florida county or municipality.
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.
2 ORDINANCE NO.: 2003-002
Contracts for the purchase of supplies, equipment, materials and services for the
• city government in amounts up to and including seven fifteen thousand five h„ndrorl
dollars ($7,500 15,000.00) 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
seven the-u-sand- five hundred dollars ($7,590.00) and On an arnount up te and ffinGlUdiRg
fifteen 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 fifteen thousand
dollars ($15,000.00) and all contracts for the construction, extension and/er
improvements to any public utilities works in excess of one fifteen thousand dollars
($15,000.00) shall not be 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
weeks with the first publication to be not less than fifteen (15) days prior to the reception
of bids. 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 fifteen thousand dollars
($15,000.00) without competitive bids and without advertisement for bids. Further, the
city shall have the right to contract for the disposal of garbage, trash, waste and/er 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 fifteen thousand dollars ($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
government, the State of Florida or a Florida county or municipality.
Section 3. 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 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
0 3 ORDINANCE NO.: 2003-002
Section 5. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED on first reading on January 14th, 2003.
PASSED AND ADOPTED on second reading on January 28th, 2003.
jRgERT HCCHUNN JR.
R — OMMISSION ER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
ARLENE JO SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: �h�
• TROqA8 0. ANSBRO
CITY ATTORNEY
• 4 ORDINANCE NO.: 2003-002
_ Agenda Request Form
City of Dania Beach
Agenda Item:
Date of Commission meeting: 1/14/2003
Description of Agenda Item: Ordinance to increase City Manager's approval level of purchasing
Commission action being requested:
Adopt Resolution or Ordinance ® Expenditure ❑ Award BID /RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
Other(Please expta�n). � ;
Summary explanation and background:
In March 1992, the Commission adopted the City Manager's approval level of purchasing at$7,500. Any amount in
• excess of this will have to be approved by the City Commission. Due to the increase of consumer price
index over the last ten years,and to increase the efficiency for some major projects,staff is recommending
to increase the amount to $15,000.
Attached exhibits and additional backup materials (Please list):
Staff memo, ordinance
For purchasing requests ONLY
Department: Amount:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Account Name: Account Number:
Submitted by: Patricia Varney Date: 12/30/2002
Department Director. Date:
• Admin. Services Director: Date:
Finance Director: Patricia Varney Date: 12/30/2002
City Manager: IPato Date: 12/30/2002
CITY OF DANIA BEACH
MEMORANDUM
TO: Pat Varney, Finance Director
CC: Ivan Pato, City Manager
Charlene Johnson, City Clerk
FROM: Tom Ansbro, City Attorney
DATE: January 7, 2003
• RE: Proposed Ordinance Changing Charter Purchasing Limit Authority of City
Manager from $7,500.00 to $15,000.00
Attached is a proposed ordinance regarding the above referenced matter for your
review. The ordinance changes the City Charter, Part III, Article 3, Section 4 0) and Part XII,
Article 5, Section 3 to increase the City Manager's purchase limit authority from $7,500.00 up
to and including $15,000.00. The latter Charter section virtually mirrors the first section, with
the exception of the $1,000.00 provision applicable to "public utilities works". This portion of
the Charter appears outdated and should either be deleted or increased. Certain state laws apply
when the value of such work is at the $200,000.00 threshold (a state mandatory bidding
requirement). Please confer with the City Manager and City Clerk to discuss a staff
recommendation as to that provision. Please call me with any questions or comments.
566.028
TJA:slw
Attachments
•
NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES:
NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania
Beach, Florida, on January 28, 2003, at 7:00 p.m. or as soon thereafter as the
matter may be heard, will conduct a public hearing in the City Commission
Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard,
Dania Beach, Florida to consider the proposed adoption of the following
Ordinances entitled:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING SECTION 9-3 OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA BEACH, FLORIDA, TO CLARIFY THE LAW
APPLICABLE TO FUNERAL SERVICES CONDUCTED WITHIN
THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER
(PART II, ARTICLE 3, SECTION 4 AND PART XII, ARTICLE 5,
SECTION 3) TO CHANGE THE PURCHASING LIMIT AUTHORITY
OF THE CITY MANAGER, FOR THE PURCHASE OF SUPPLIES,
SERVICES, MATERIALS AND EQUIPMENT FOR CITY USE,
FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS UP TO
AND INCLUDING THE AMOUNT OF FIFTEEN THOUSAND
($15,000.00) DOLLARS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
A copy of these proposed Ordinances are on file in the Office of the City Clerk,
City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be
inspected by the public during normal working hours.
Interested parties may appear at the aforesaid meeting and be heard with
respect to the proposed. Any person who decides to appeal any decision made
by the City Commission with respect to any matter considered at this hearing will
need a record of the proceedings and for such purpose may need to ensure that
a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing
assistance to participate in any of the proceedings should contact Charlene
Johnson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida
33004, (954) 924-3622 at least 48 hours prior to the meeting.
/s/ Charlene Johnson, CMC
City Clerk
Run in Sun Sentinel: January 17, 2003