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HomeMy WebLinkAboutO-06-01 ORDINANCE NO. 0-06-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 2 CONCERNING PROCUREMENT OF GOODS AND SERVICES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, existing procurement system for the City of Sebastian is burdensome and some potential bidders have cited it as a reason for not bidding on work for the City; and WHEREAS, the existing Code does not reflect the current administrative structure for these issues; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AMENDMENT. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section 2-10, which said section shall read as follows: Sec. 2-10. Procurement of goods and services. (a) Applicability. Except as specifically set forth herein, all procurements for goods and services for the city shall fall under the ultimate responsibility of the Charter Officer utilizing the goods or services (hereinafter called the "Purchasing Officer"), and shall be effected in accordance with this section. (b) Purchasing thresholds. Any request for the purchase of materials, equipment, services and supplies unless otherwise exempt under this section is subject to competitive bid procedures as follows: (1) Up to $2500.00 -- Purchasing Officer or their designee may authorize purchase. (2) $2500.01 to $5,000.00 -- Two or more verbal quotes where practical; Purchasing Officer or designee may authorize purchase. (3) $5,000.01 to $15,000.00 -- Three or more written quotes; Purchasing Officer or designee may authorize purchase. (4) $15,000.01 to $25,000.00 -- Three or more written quotes; City Council authorization required. (5) Over $25,000.00 -- Formal sealed bids and City Council authorization required. (c) Exceptions to thresholds. (1) Joint bid: The Purchasing Officer shall have the authority to cooperate with other local governments or other public entities in the development and use of mutually cooperative procurement contracts or master agreements. Such contracts shall require council approval. (2) Piggyback: The Purchasing Officer shall have the authority to utilize contracts or master agreements of state, federal or other local governments or other public entities to procure goods and services, if the contract or agreement has been awarded through procedures substantially equivalent to the requirements of this section. The Purchasing Officer shall have the authority to procure goods and services if the purchase is with a person, firm, organization, or corporation whose offer to sell to the city is at sale price for that commodity equal to or lower than the existing piggyback price for the same or equal commodity being sought. All such purchases over $15,000.00 shall continue to require council approval. (3) Sole source. A contract may be awarded for goods or services without competitive bids when the Purchasing Officer determines in writing that there is only one practical source for the required item. Approval shall be in accordance with the dollar threshold established by this section. (4) Emergency purchase. Where the Purchasing Officer finds it to be in the best interest of the city, they may declare the existence of an emergency procurement condition and suspend any or all provisions of this section. Spending authority under this provision shall not exceed $25,000.00, however, if a state of emergency covering the City has been declared the limit shall be raised to $50,000.00. All emergency purchases over $15,000.00 shall be reported to council as soon as practical. As used in this section, the term "emergency" means a sudden unexpected turn of events that causes: (i) An immediate danger to the public health or safety; (ii) An immediate danger of loss of public or private property; (iii) An interruption in the delivery of an essential governmental service; or (iv) An interruption in the normal function and operation of any city department that would result in a work stoppage or other substantial monetary loss. (5) Change orders. The Purchasing Officer may approve cumulative changes of up to 15 percent of the total contract price. Changes in excess of 15 percent of the total contract price or any change in excess of $15,000.00 must have the prior approval of the city council. (6) Contract renewals. Any contract containing a provision for renewal may be renewed in accordance with its terms. Authorization for approval shall be in accordance with the dollar threshold established by this section. (d) Exemptions to applicability. This section shall not apply to: (1) Purchases between the council and nonprofit organizations, other governments, or other public entities, and intragovermnental services. (2) Purchases of advertising, works of art for public display, medically related professional services, employee benefit related purchases, water, utility services, postage, shows/displays/cultural events sponsored by the city. (3) Purchase of real property. (4) Professional and personal service contracts including but not limited to attorney services, appraisers and expert witnesses services, which shall be approved by the city council if in excess of $15,000. (5) Procurement of goods and services when the same is governed by a mandatory procedure established by statute. (6) Franchise, sponsorship or joint enterprise agreements. (7) Any situation where compliance with this code will place the city in conflict with mandatory provisions of state law, federal law or the terms of any grant. (e) Prohibitions. No contract or purchase shall: (1) Be purposely subdivided to circumvent any requirements of this section. (2) Be made in excess of the amounts allocated from the general fund for the general classification of expenditures in the budget for the then current budget year, nor shall any expense of a special fund exceed the amount of money available to that fund. (f) Waiver. City council may waive or modify the bidding requirements for good cause. Section 2. LOCAL PREFERENCE. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section 2-11, which said section shall read as follows: Sec. 2-11. Local vendor preference. A local vendor preference program is hereby established under which a vendor with an active business location located within the city limits shall, for bid evaluation and comparison purposes, have its bid amount(s) reduced by three percent (3%). Section 3. DELETION. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by deleting the existing sections 2-91 and 2-92 and reserving the same. Section 4. CONFLICT. All code provisions in conflict herewith are repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, thereby causing the same to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall be effective upon passage. The foregoing Ordinance was moved for adoption by Councilmember M 0 n i e r The motion was seconded by Councilmember N e g 1 i a vote, the vote was as follows: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Lisanne Monier Council member Andrea Coy Councilmember Sal Neglia and, upon being put to a aye aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 22nd day of February, 2006. CITY OF SEBASTIAN, FLORIDA ATTEST: D '~ ., By: --- Approved as to form and legality for reliance by the City of Sebastian only: ~~~h:--