HomeMy WebLinkAboutVI (A1) Second Reading of Ordinances: Ordinance No. 2000-23, Amending Chapter 21 of the Code Agenda 9-19-2000
VIIR OF GOOD LnZvr-PR/UEO!, HISI OIUNOE' 1 }oYI LIssIoNER
\ Ocoee A, S. SCOTT VANDERGRIFT
° CITY OF OCOEE
..y o
DANNY HOWELL
150 N. LAKESIIORE DRIVE
OCOFF, FLORIDA 34761-2258 Co„YIISCI06ERS
SCOTF ANllERSON
V H)IIV5�` b RI
�'t'j (407)656-2322 NANCY 1. PARKER
OF 0000
CI fv LIASALI'R
ELLIS SHAPIRO
Memorandum
To Mayor and City Commissioners (4
From : Wanda Horton, Finance Director
Date : September 12, 2000
Re Purchasing Policy- Ordinance 2000-23
Ordinance 2000-23 is the result of a review by a committee of the existing purchasing
ordinance and manual as requested by several departments. The larger departments felt
the existing policy was too confining and slowed the purchasing process thus affecting
operations. The recommended changes address these concerns and the increase in cost of
items.
The major revisions contained in this ordinance are:
• The approval levels for purchases have been increased for department directors
and the City Manager.
• The number of quotes for each level has been revised.
• The dollar amount for requiring formal bids or RFI"s has increased from
$10,000 to $15,000.
This ordinance also amends definitions, the exemption section and clarifies some
procedures. Procedures have been reviewed and will be updated to reflect the changes in
this ordinance once adopted.
In the past three years there have been two bids presented to commission between $10,000
and $15,000. There have been a total of twenty three (23) bids over $15, 000 presented to
commission. The chart on the attached page indicates the varying thresholds for bids and
commission action by municipality.
Action Requested
Staff recommends adoption of Ordinance 2000-23.
POWt OIL
Dollar Threshhold Means by which
Formal Bid for Commission Purchasing Policy
Municipality Threshold Approval is adopted
Oviedo $ 15,000 $ 15,000 Ordinance
Longwood $ 25,000 $ 10,000 Ordinance
Altamonte Springs $ 14,999 $ 15,000 Resolution
Maitland $ 10,000 $ 10,000 Policy
Apopka $ 19,999 $ 20,000 Resolution
Kissimmee $ 10,000 $ 25,000 Ordinance
Sanford $ 4,999 • $ 5,000 Ordinance
Winter Springs $ 12,500 $ 12,500 Ordinance
Winter Park $ 10,000 $ 10,000 Policy
Orlando $ 25,000 $ 50,000 Ordinance
Ocoee $ 9,999 $ 10,000 Ordinance
ORDINANCE NO. 2000- 23
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 the Code of Ordinances of the City of Ocoee (the City's Purchasing
Policy).
NOW, 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-RE 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. "Competitive Sealed Bids" or "Competitive Sealed Proposals" refers to
the receipt of two or more sealed bids or proposals submitted by
responsive, responsible, and qualified bidders or offerors.
1
006.194944.E
C. "Contractor" means a person 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. "Purchasing Manual" means the written policy governing purchasing as
adopted by resolution of the City Commission.
F. "Purchasing Procedures and Practices" means the procedures, practices,
rules, regulations, or other administrative pronouncements which may be
promulgated from time to time by the City Manager to implement and
adhere to the Purchasing Manual and this Chapter.
SECTION 21.2 Establishing Purchasing 1144c4ou Function
There is hereby established a Purchasing p11'161e14 Function within the
Onpian,nnt of tlw City. Mnnnger „itti thn henri or thn T ,a.,r,;g-^t,,,l
The City Manager or his/her designee may serve as the Purchasing Agent.
The C;ty Malt-Tel-1 May a1...n role no the p.,rcb.,oing Agent in thn ..tic"nrc
oe p,o na•chnging Agort e- 4o..;gnoo, tr.,. q..,.cQtva City nnnn nr Bunn
n,.n n ti,,, ..rp,..v;i,n;t., .,as n..thn,-.ty s tur rn,rrhac ng icnt
SECTION 21.3 Authority
Subject to compliance with this Chapter, 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 as approved by
the City Commission under cooperative 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:
2
006.184944.5
Value of Pricing Authority to
Purchase Mechanism Approve
7-lp�er Individual One Verbal Quote Department hoat4
Item and/or Director or
Total Purchase Designee
less than
$250.00
eo50 nn rr‘ Uwe Two Verbal Pnreharing Pgain
$-1,999.0O Quotes Department
Individual Item Director or
over $249.99 and Designee
less than
$1,500.00 and/or
Total Purchase
over $249.99 and
less than
$5,000.00
et flnn ell to Three Written Quotes Aqnnt
e0 990 94 City Manager or
Individual Item Designee
over $1,499.99
and less than
$15,000.00
and/or Total
Purchase over
$5,000.00 and
less than
$15,000.00
$1 n norm ,,.,,t Formal Invitation to City Commission
Individual Item Bid or Request for
and/or Total Proposal
Purchase over
$14,999.99
3
006.184944.5
SECTION 21.5 Exceptions to Minimum Standards
When it is determined to be in the best interest of the City, the minimum
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:
A. The City Manager may waive the minimum standards for any
commodity or contractual service which is less than $19J)09 00
$15,000.00 in value. In such case, the City Manager shall file a
written explanation for waiver with the Purchasing Agent or designee
unless the Purchasing Agent is the City Manager, in which case the
written explanation shall he filed with the Finance Director or Buyer.
B. The City Commission may waive the minimum standards for any
commodity or contractual service.
SECTION 21.6 Emergency Purchases
Emergency purchases which affect the health, welfare, or safety of the
public may be made with approval of the City Manager. Emergency
purchases r-.o. c I n nn(PO of$15,000.00 or more will require that the City
Manager, in writing, promptly inform the City Commission regarding the
purchase and the nature of 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 and the Purchasing Manual. Additions,
deletions, or amendments to these purchasing procedures and practices
shall he at the sole discretion of the City Manager.
B. The adoption of a purchasing Manual shall he made by Resolution of
the City Commission.
C. As set forth in Section 21.4, the purchase of commodities and
contractual services with a value less than $15,000.00 do not require
City Commission approval. If a contract is required in connection
with such a purchase, then following approval of a purchase order, the
Mayor and City Clerk shall execute all such contracts.
4
006.184944.5
SECTION 21.8 Exemptions
A. The following commodities and contractual services shall not be
procured subject to this Chapter.
HT APPRAISAL SERVICES
(9 1WUIEVEPHENr P IAPDS
(2) APCNITPCTI IP AI CPRVI('US
(3) ( AUDITING SERVICES
(n) ki Ere 41 L(,) V A NFCP
(5) (3) COLLECTIVE BARGAINING AGREEMENTS
(A) mNSIPUCTIQM
(7) DEBT SERVJICr R r-Ql IDFXAT NITS
(4) DONATIQNIS
(A) (4) DUES
(441) EMPLOYEE SERVICE
( c ..1446 ERlNG SERVICES
(12) (6) ENTERTAINMENT
(L3) (7) INSURANCE
(44) (8) INSURANCE SERVICES
(15) 1rrrcc114EN'TS
044 n LAND PURCHASES
(17) LAND SUR"EYINQ SPPVIrcS
(18) (10) LEGAL ADVERTISING
(19) (II) LEGAL SERVICES
(39) PENSIONS
42.14 CAI ARIPS
( 2) 'IA'PS
(12) TRAVEL
(24) p3 UTILITIES
B. The procurement of professional and contractual services within the
scope of the practice of architecture, professional engineering,
landscape architecture, and registered surveying and mapping shall be
procured in accordance with the requirements of Section 287.055,
Florida Statutes. and shall not be subject to the requirements of this
Chapter.
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.
006.184944.5
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.
PASSED AND ADOPTED this day of , 2000.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
ADVERTISED August 17 , 2000
READ FIRST TIME
August 15 ,2000
READ SECOND TIME AND ADOPTED
, 2000
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY TILE CITY OF OCOEE,
APPROVED AS TO FORM AND
LEGALITY, THIS day
of , 2000
FOLEY & LARDNER
BY:
CITY ATTORNEY
6
006.184944.5
%...iimina,
' Sentinel NOTICE OF PUBLIC HEARING
11 CITY OF OCOEE
Published Doily N°li;is twat),ea°en pa-Loam
am tothe Art,
as 'nd Section 1166 aai1aa�aa
tate
bias tos,Nat the Ocoee City
Rptate of itoriba s,on willhold a pubic hearing m the
Comm ss.on Lakeshore
Gl HSYTY�4
COUNTY OF ORANGE $.S. e0 as d°N,
n Ss it ia0.clli°5
o m. or assoonthereafter ss posvde.
Before the undersigned authority personally appeared Linda Rri dgrwater follow;n'gordin�merm„aopoorrame .
who on oath says ORDINANCE NO.2O00-22
That he/she is the Legal Advertising Representative of Orlando Sentinel, a daily
newspaperO published at OR! ANDO in AN OCmnANLOOFTHEGm
OF ONDE HAP D-
County, Florida; INC ANDCHAPTER°
that the attached copy of advertisement, being a__ NOTICE_ N OF THE CODE OFCITY OROF
in the matter of ORD. 2flflll_?q Of _PU RL I�_ OCOEE REGARDING T TY'S
PURCHASING POLICY;AMEND-
in the OR ANGF AMEND-
ING AND
AEPUA-Court, CHASING FUNCTION;
was published in said newspaper in the issue; of J1,9/]e7/jl❑ RESTATING AUTHORITY;
AMENDING THE MINIMUM
-- - — STANDARDS, AMENDING AND
RESTATING EXCEPTIONS TO
MINIMUM STANDARDS;AMEND-
ING AND RESTATING THE Pq4
Affiant further says that the said Orlando Sentinel is a newspaper published at VISION OF EMERGENCY PUN-
0 RI AN DR _ , in said CHASES;
PURCHASING PRO-
OR AN(,[ __. County, Florida, CEDURES AND PRACTICES;
EX-
and that the said newspaper has heretofore been continuously published in AMENDING AND RESTATING said OR ANGF EMPTIONS; PgROVIDN FOR
County, Florida, CF ;PROVIDING FOR
each Week Day and has been entered as second-class mail matter at the post CODIFICATION:DATE,
PROVIDING AN
office in ORI ANDO in said
ORANGF County, Florida, ; a,ee parties may appear el me
mewing aed be tfteamcf with respect to
'or a period of one year next preceding the first publication of the attached the proposed action A copy of the pro-
posed
_oneanca e in
copy ofadvertisement; and affiant further says that he/she has neither paidthe office or me City e Ocoee,
Hall.
nor promised any person, firm or corporation any discount, rebate, SO N.Lkeehoreon.e.Ocoee,Florida.
:ommission or refund for the purposesecuring 500 Cbetween the hours of uon r m and
of this advertisement for Sept le a.,Mondannr=nsh Fhdaeex-
publication in the said newspaper_ _ epee!aannry Darn o.ho desires 0
appsi„ee;wh„gee,r made byaeomri.
nnnnnn • a meeting y need d
chef egoing instrument was ackno e ed before this _ay of U.. p _
- t . . 20 Oh, by1 ,�CJ <-" nmeimp.vT-T i nose may need
e is made,
vho is personally known to me and Id t ke an oath. / n ppe �.
• d P ,ae. need!,
to diapele in or
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o City e k. ISO N.Lake-
SEAL) �� ' P OS• e Dri e Ocoee, Flo34761.(4071
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