HomeMy WebLinkAboutItem 07 Ordinance Amending Chapter 21 Purchasing Code
AGENDA ITEM COVER SHEET
Meeting Date: 10/4/05
Item # ~
Reviewed By: ~r /J~
Contact Name: Wanda Horton Depart~ent Director: S~
Contact Number: 1520 City Manager: ~
Subject: .....Ordinance.Am~ndingChapter.21.Purchasing Policy -Public. Hearing
----
Background Summary:
Staff recognizes that enhancements and revisions to the existing purchasing ordinance are periodically
necessary to streamline the procurement of commodities and contractual services for the City. The
recommended changes address these issues and the increase in cost of items.
The First and Second Readings of this Ordinance were held on August 16,2005 and September 6, 2005.
Issue:
Amend Chapter 21 (Purchasing Policy) of the Code of Ordinances.
Recommendations
Staff recommends adoption of this Ordinance to amend Chapter 21 Purchasing Policy and authorize
execution thereof by the Mayor and City Clerk.
Attachments:
1. Ordinance Amending Chapter 21 Purchasing Code
2. Purchasing Levels of other Government Agencies
Financial Impact:
None
Type of Item:
[gJ Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
For Clerk's DeDf Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
rgj Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
D N/A
Reviewed by Finance Dept.
Reviewed by ( )
df$
D N/A
D N/A
Commissioners
Danny HowelL District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Nancy J. Parker. District 4
Mayor
S. Scott Vandergrift
City Manager
Robert Frank
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
Joyce Tolbert, Purchasing Agent g-
Wand. Horton, Finance Director 01 M
FROM:
THROUGH:
DATE:
September 23, 2005
RE:
Ordinance Amending Chapter 21 Purchasing Policy - Public Hearing
ISSUE
Amend Chapter 21 (Purchasing Policy) of the Code of Ordinances.
BACKGROUNDIDISCUSSION
Staff recognizes that enhancements and reViSIOns to the existing purchasing ordinance are periodically
necessary to streamline the procurement of commodities and contractual services for the City. The
recommended changes address these issues and the increase in cost of items.
The First and Second Readings of this Ordinance were held on August 16, 2005 and September 6, 2005. The
Commission continued the public hearing to October 4, 2005. Finance and the City Manager have reviewed
recommended changes from the Directors, and have reviewed purchasing practices of other Central Florida
government agencies, coPy attached. As a result, Level Two and Level Three limits have been revised from the
original proposed limits, increasing the required quotes thresholds from $2,500.00 to $5,000.00.
The major revisions contained in this ordinance are:
1) The approval levels for purchases have been increased for department directors and the City
Manager.
2) The number of quotes for each level has been revised.
3) Amends definitions.
4) Amends exemptions.
5) Clarifies some procedures.
Procedures have been reviewed and will be updated to reflect the changes in this ordinance once adopted.
In the past five years, there have been at least thirty bids and piggyback approvals or rejections by the City
Commission between $15,000 and $25,000.
Copy of Public Hearing Advertisement
Date Published
SUNOA Y AU
'G~
Advertisement
CllY Of OCIIEf
NOTICE Of PlI!llJC IlEARlHG
fOR All
AMalllfllflfl' TO THE
CODE OF ORDINANCES
NOTICE IS IIfIl8If GlVEII. that
on TUESDAY. SEPT 06. 1005 It
7:15 P.M. or as soon thereaf-
ter as practical. the CITY Of
OCOEE CITY COMMISSION will
hold the a PUBUC HEARING at'
the City at Ocoee Commis-
sion Chambers. 1 SO North
~f:r~~~~r~o Of~~~id~rcoi:e i
adoption of the fallowing Or-'
dinonce concerning the pur-
chasing policy:
AN OBDINAIICt Of THE cm OF
OCOEL R.OIIIDA. AIIItlIOING AND
IlE$TA1JNG CIlAPlBl 21 Of THE
CODE OF OllDINAHCES Of THE
CITY DF OtOEE IlE6AllIlIllG THE
tIlTS PURCHASING POUty;
AMENDING AIID IlE$TATlHG DER.
NITHlNS; ESTABUSHING A PUll.
CIlA$ING fUNC11llN; RESTATING
AIJIlIlJlIllY; AMENIlIIIG THE MINI.
MUM STANDARDS; AMENDING
AND RESTATING fXCB'110NS TO
MINIMUM STANDARDS; AMEND-
ING AND IlE$TATlNG THE PROVI.
SION OF EMEIlGEItCf PUIlCIlASES;
AMENDING AND RESTATING PUB-
CHASING PROCEDURES AND
PRACtICES; AMENIIlNG AND RE-
STATING EXBIPTIONS; PROVID.
ING FOB SEVEIIAIIIUlY; PROVlI1-
ING FOR CDOIFtCATlOft;
PROVlIIlNG All EFFECTIVE DATE. r
Interested parties, may ap.
pear ot the public hearing,'
and be heard with resoect to
the proposed actions.
The City Commission may:
continue the public hearings
to other dotes and limes. as
it deems necessary. AnY in-
terested party sholl be oa-
vised of Ihe dales. times.
and places of any continua-
tion of these or continued'
public hearings. Any contin-
uances sholl be announced
during these hearings and
no fUrther noflces regarding
fhese matters will be pub-
lished.
You ore advised thaI any
pe~n who desires 10 ap.-
peal any decision mode at
the public hearings will
need a record of the pro-
ceedings and for Ihis pur~
POSe may need 10 ensure
lhot 0 verbotim record of
the proceedings is mCHlt!
~:~,~("~I=et~~J.~
the appeal is based.
. I
Persons with di.abiliti~
needing assistance 10 partic;.
=':. ::u::: c:r::t
~~~~~l~::;c~t1~u~
407-905-3105. '
Beth Eikenberry,
City Clerk
COR6335212 AUG.21.200S
ORIHNANCE NO.
2005-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
AND RESTATING CHAPTER 21 OF THE CODE OF ORDINANCES OF
THE CITY OF OCOEE REGARDING THE CITY'S PURCHASING
POLICY; AMENDING AND RESTATING DEFINITIONS;
ESTABLISHING A PURCHASING FUNCTION; RESTATING
AUTHORITY; AMENDING THE MINIMUM STANDARDS;
AMENDING AND RESTATING EXCEPTIONS TO MINIMUM
STANDARDS; AMENDING AND RESTATING THE PROVISION OF
EMERGENCY PURCHASES; AMENDING AND RESTATING
PURCHASING PROCEDURES AND PRACTICES; AMENDING AND
RESTATING EXEMPTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Ocoee desires to amend Chapter 21 of I
the-{:ode of Ordinances ofthe City ofOeoee (the City's Purchasing Policy).
NO''', THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA AS FOLLOWS:
SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, and Section C-8E of the Charter of the City of Ocoee.
SECTION TWO. Amended and Restated City Purchasing Policy. Chapter 21 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with deletions
stricken and additions underlined):
CHAPTER 21
PURCHASING POLICY
SECTION 21.1 Definitions.
A. "Commodity" means any of the various supplies, materials, goods, merchandise,
equipment, and other personal property.
B. "Competiti'le Sealed Bids Formal Invitation to Bid (ITB)" or "Competitive
Formal Request for Proposal (RFP)"Sealed Proposals" refers to the receipt
efprocedure for soliciting two or more competitive sealed bids or proposals
submitted by responsive, responsible, and qualified bidders or offerors.
C. "Contractor" or "Vendor" means a person party who contracts to sell
commodities or contractual services to the City.
D. "Contractual Services" means only those services rendered by individuals and
firms who are independent contractors, and such services may include, but are not
limited to, evaluations; consultations; maintenance; accounting; security;
management systems; management consultants; educational training programs;
research and development studies or reports on the findings of consultants
engaged thereunder; and professional, technical, and social services.
E. "Emergency Purchase" means those purchases occurring when certain
conditions might adversely affect the life, health, safety, and welfare of City
employees or its citizens, or when City property or equipment are endangered, or
when it is necessary to maintain or restore vital services, to address noo-
compliance with Florida Statutes or other regulatory laws and permits, or
situations which may cause a major adverse financial impact to the City should
immediate action not be taken.
F. "Government Contracts" includes contracts by other governmental agencies to
include any political subdivision of the State of Florida or the United States,
Special Districts, or special co-operative contracts provided such contracts are the
result of a competitive bidding process.
G. "Purchasing Manual" means the \vritten policy governing purchasing as adopted
by resolution of the City Commissionmeans the written purchasing procedures
and practices which may be promulgated from time to time by the City Manager
to implement and adhere to this Chapter.
H. _"Purehasing Proeedures and Praetiees" means the procedures, practices, rules,
rcgulations, or other administrative pronouncements 'vYhich may be promulgated
from time to time by the City Maaager to implement and adhere to the pl:lfchasing
Manual and this Chapter."Purchasing Card" is a Visa/Mastercard issued to
designated employees to be used in compliance with this Chapter and the
Purchasing Card Policies and Procedures.
1. "Purchase Requisition" is a request for a PO to be issued and is required for all
items that cannot be purchased using the City's Purchasing Card.
J. "Purchase Order" (PO) is a signed, numbered document authorizing an
employee to purchase goods or services. PO's are the result of the authorized
Purchase Requisition.
K. "Quotation" or "Quote" is an informal written or verbal price proposal for a
commodity or contractual service as stated by the vendor to be used to determine
the correct price for purchase.
L. Request for Qualifications "RFQ" refers to the procurement of professional
services, when requesting statements of qualifications only, and does not consider
price in the ranking of firms.
SECTION 21.2 Establishing Purchasing Function
Q9~184944006-;-
4-84944.!2.-:-5
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There is hereby established a Purchasing Function within the Finance Department
of the City. The Purchasing Agent shall be a budgeted position and shall serve as
the central procurement officer ofCity Manager or his/her designee may serve as
the Purcliasing Agentthe City;;
SECTION 21.3 Authority
Subject to compliance with this Chapter, and the Purchasing Manual and the
Purchasing Procedures and Practices, the Purchasing Agent or designee is hereby
granted authority to purchase or contract for all commodities and contractual
services required by the City or other agencies under cooperative purchasing
agreements. as approved by the City Commission under eooperftti'{e purchasing
agreements.
SECTION 21.4 Minimum Standards
Unless otherwise provided by Florida Law or other provisions of the Code or
waived as provided in this Chapter, all purchases by the City of commodities and
contractual services shall be processed and approved in accordance with the
following minimum standards:
Level
-
Value of Purchase
Pricing
Mechanism
Authority to I
Approve
Level One
Individual Item ever-
$249.99 and less than
$1,500.00 and/or Total
Purchase over $249.99
tmd-less than
$1,000.00$5,000.00
~One Verbal
Quotes
Department
Director or
Designee
Level Two
Individual Item and/or
Total Purchase
$1,000.00 and over
and less than
$5,000.00
Two Verbal Quotes
Department
Director or
Designee
006.18494400&.-
4-84944 .Q-;5
3 I
Level Three
Level Four
Level Five
Indi'v'idual
ltemlndividual Item
and/or Total Purchase
evet'-
$1,499.99$5,000.00
and over and less than
$15,000.00 and/or
Total Pmehu3e oyer
$5,000.00 and less
than $15,000.00
Individual Item and/or
Total Purchase evet'-
$14,999.99$15,000.00
and over and less than
$25,000.00
Individual Item
And/or Total
Purchase $25,000.00
and over
Three Written Quotes
Formal Invitation to
Bid or Request for
Proposal
Formal Invitation to
Bid
Or Request for
Proposal
SECTION 21.5 Exceptions to Minimum Standards
Purchasing
Agent
Re uires Cit
Commission
approval for
ca ital items i
amount excee s
budgeted
amount or ha
been chan ed
from original
budget )Gity-
Managerer-
Designee
~ity
Commission
When it is determined to be in the best interest of the City, the mmlmum
standards contained in Section 21.4 above may be waived on a case-by-case basis.
The authority to waive the minimum standards is as follows:
00_6.18494400&.-
4-84944~.,5
41
A. The City MtlfltlgerPurchasing Agent may waive the minimum standards for
any commodity or contractual service which is less than $15,000.00 in value.
In such case, the City MttnagerPurchasing Agent shall tHe-attach a written
explanation for waiver with-to the purchase order.Purchasing '^1gent or
designee unless the Purchasing l\gcnt is the City Mttnager, in which etl3C the
.....fitten explanation shall be filed ....ith the Finttnce Director or Buyer.
&-B. The City Manager may waive the minimum standards for any commodity
or contractual service which is over $15,000.00 and less than $25,000.00 in
value. In such case, the City Manager or designee shall file a written
explanation for waiver with the Purchasing Agent.
LThe City Commission may waive the minimum standards for any commodity
or contractual service in excess of $25,000.00:
SECTION 21.6 Emergency Purchases
A. The Department Director may make Emergency purcha3esPurchases,
..,Rich affect the health, ....elfarc, or saf-cty of the public may be made with
appro'lal authorization ofthe City Manager, in accordance with emergency
purchasing procedures set forth in the Purchasing Manual. A summary
report of all emergency purchases shall be submitted to the City Manager
on a monthly basis.
&~ -Emergency purchases of $15,000.00$25,000.00 or more will require that
the City ManagcrCity Manager or the Department Director; in ....riting,
promptly inform the City Commission regarding the purchase and the
nature of the emergency-;-, by submitting a report, of all such emergency
purchases at the next regularly scheduled City Commission meeting
following the emergency.
SECTION 21.7 Procedures and Practices
A. The City Manager is hereby directed to establish a system, or amend the
existing system, of uniform procurement procedures and practices to
implement this Chapter~ ttnd the Purchasing Manual. Additions, deletions, or
amendments to these purchasing proeedur{)3 ttnd practices shall be at the sole
discrction of the City Manager. The purchasing procedures, as established by
the City Manager above, are detailed as part of the Purchasing Manual.
LThe adoption of a rpurchasing Manual Policy shall be made by Resolution
City Ordinance. ofthe City Commission.
C. According to the City Charter, the Mayor and City Clerk shall execute all
contracts. As set forth in Section 21.4, the purchase of commodities and
contractual services with a value less than $15,000.00$25,000.00 do not
require City Commission approval. -If a contract is required in connection
006,11i194Ll:99&.-
4-84944 "~-;5
5 I
with such a purchase, then following approyal of a purchase ofdefcompliance
with Section 21.4, Minimum Standards, the Mayor and City Clerk shall
execute all such contracts. and City Clerk shall execute all sueh contracts.
D. Failure to comply with the Purchasing Ordinance or Purchasing Manual is a
group I or group II offense as defined in the Personnel Rules and
Regulations, and may result in removal of the employee's purchasing
privileges and other disciplinary actions as detailed in the Personnel Rules
and Regulations (PRR).
SECTION 21.8 Exemptions
A. The following commodities and contractual services shall not be procured
subject to this Chapte~-;
(1) APPRAISAL SERVICES
(2) AUDITING SERVICES
(2) CATERING/FOOD
f3j
(3(1) COLLECTIVE BARGAINING AGREEMENTS
(4) DUES
(5) EMPLOYEE SCREENING SERVICES INCLUDING MEDICAL
-(6) ENTERTAINMENT
(7) FINANCIAL SERVICES
(8) FREELANCE SERVICES
(7) INSURANCE
(8) INSUR,\NCE SERVICES
(9) LAND PURCHASES
(10) LEGAL ADVERTISING
-(11) LEGAL SERVICES
( 12) POSTAGE/SHIPPING
(13) TEMPORARY EMPLOYMENT CONTRACTS
(11~) TRAVEL/TRAINING
(l~~) UTILITIES
(16) VETERINARIAN SERVICES
B. The procurement of Professional architectural, engineering, landscape
architectural, or surveying and mapping services professional Bfld contractual
services ,......ithin the scope of thc practice of architecture, professional
engineering, landscape architecture, Bfld registered surveying Bfld mapping
shall be procured in accordance with the requirements of Section Section
287.055, Florida Statutes, and shall not be subject to the requirements of this
006.1 8494400&.-
+84944~,-5
61
Chapter. -Section 287.055 is short-titled the "Consultants' Competitive
Negotiation Act" (CCNA).
C. Professional Auditing Services shall be procured in accordance with the
requirements of Section 218.391, Florida Statutes, and shall not be subiectto
the requirements of this Chapter. Section 218.391 is short-titled "Auditor
Selection Procedures".
D. Professional Design-Build Construction Services shall be procured in
accordance with Chapter 4 of the Code of Ordinances of the City of Ocoee,
Florida, and shall not be subiect to the requirements of this Chapter. Chapter 4
is titled "Design-Build Contracts".
E. Group Insurance for Employees and Public Officers shall be procured in
accordance with the requirements of Section 112.08, Florida Statutes, and
shall not be subiect to the requirements of this Chapter. Chapter 112.08 is
short-titled "Group insurance for public officers, employees, and certain
volunteers; physical examinations."
SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
SECTION FOUR. Codification. It is the intention of the City Commission of the City that the
provisions of this ordinance shall become and be made a part of the Code of Ordinances of the
City; and that sections of this ordinance may be renumbered or re-lettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or
phrase in order to accomplish such intentions; and regardless of whether such inclusion in the
code is accomplished, sections of this ordinance may be renumbered or re-lettered and the
correction of typographical errors which do not affect the intent maybe authorized by the City
Manager, without need of public hearing, by filing a corrected or re-codified copy of same with
the City Clerk.
SECTION FIVE. Effective Date. This Ordinance shall become effective upon passage and
adoption.
day of
, 200~B.
PASSED AND ADOPTED this
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
006.1 8494400&.-
4-84944,Q-:-5
7 I
Jean GruftonBeth Eikenberry, City Clerk
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FORM AND
LEGALITY, THIS day
of , 200~4}
FOLEY & LARDNER. LLP
BY:
CITY ATTORNEY
006.1 8494100&.-
+84944~.,s
S. Scott Vandergrift, Mayor
ADVERTISED
READ FIRST TIME
, 200~4}
, 200~4}
READ SECOND TIME AND ADOPTED
, 200~4}
UNDER AGENDA ITEM NO.
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