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HomeMy WebLinkAboutOrdinance 96-10 ORDINANCE NO. 96-10 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO ADOPTING A CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE REGARDING THE CITY PURCHASING POLICY; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PURCHASING DIVISION; PROVIDING AUTHORITY; PROVIDING MINIMUM STANDARDS; PROVIDING FOR EXCEPTIONS TO MINIMUM STANDARDS; PROVIDING FOR EMERGENCY PURCHASES; PROVIDING FOR PURCHASING PROCEDURES AND PRACTICES; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City commission of the City of Ocoee has determined that fair and open competition is a basic tenet of public procurement; that such competition reduces the appearance and opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically; that documentation of the acts taken and effective monitoring mechanisms are important means of curbing any improprieties and establishing public confidence in the process by which commodities and contractual services are procured; that it is essential to the effective and ethical procurement of commodities and contractual services that there be a system of uniform procedures to be utilized by the City in managing and procuring commodities and contractual services; that detailed justification of decisions in the procurement of commodities and contractual services be maintained; and that adherence by the City and the contractor to specific ethical considerations be required, and WHEREAS, the Commission has determined it to be in the best interest of the City to adopt a purchasing policy. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. 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. A Chapter 21 of the Code of Ordinances of the city of Ocoee, Florida, is hereby adopted as follows: CHAPTER 21 PURCHASING POLICY 1 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 and qualified bidders or offerors. 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 consulting; 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. Establishinq Purchasinq Division. There is hereby established a Purchasing Division within the Department of the City Manager with the head of that division designated as the Purchasing Agent. The City Manager may also serve as the Purchasing Agent. In the absence of the Purchasing Agent or designee, the Assistant city Manager shall assume the responsibility and authority of the Purchasing Agent. SECTION 21.3. Authoritv. 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. 2 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: Value of Purchase pricinq Mechanism Authoritv to Approve Under $250.00 One verbal quote Department Head or designee $250.00 - $1,000.00 Three verbal quotes Purchasing Agent or designee $1,000.01 - $9,999.99 Three written quotes Purchasing Agent or designee $10,000.00 and over Formal Invitation to Bid or Request for Proposal City Cdmmission SECTION 21.5. Exception 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 $10,000.00 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 be 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. Emerqencv Purchases. Emergency purchases which affect the health, welfare, or safety of the public may be made with approval of the City Manager. Emergency purchases over $10,000.00 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. 3 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 be at the sole discretion of the City Manager. B. The adoption of a Purchasing Manual shall be made by Resolution of the City commission. SECTION 21.8. Exemptions. A. The following commodities and contractual services shall not be procured through the Division of Purchasing and shall not be subject to this Chapter: ACHIEVEMENT OR AWARDS ARCHITECTURAL SERVICES AUDITING SERVICES AUTO ALLOWANCE COLLECTIVE BARGAINING AGREEMENTS CONSTRUCTION DEBT SERVICE REQUIREMENTS DONATIONS DUES EMPLOYEE SERVICE ENGINEERING SERVICES ENTERTAINMENT INSURANCE INSURANCE SERVICES JUDGEMENTS LAND PURCHASES LAND SURVEYING SERVICES LEGAL ADVERTISING LEGAL SERVICES PENSIONS SALARIES TAXES TRAVEL UTILITIES B. The procurement of 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 4 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 renumberred or relettered 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 relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION FIVE. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this / ~ 1 J.I day of J U L Y , 1996 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ~'--...- -.. I.J ~ '<:: . , \.- c). ~..,j ,_1::1- /;[1 A~'t-l J .. S.Scott Vandergrift, Mqyor ADVERTISED July 4 1996 READ FIRST TIME .July 2 , 1996 READ SECOND TIME AND ADOPTED JULY l~ , 1996 UNDER AGENDA ITEM NO.JL B FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO F9~ AND LEGAL.~ '1. this ~ day of .:J..J) _ '1 ' 1996. :~7kftJ city Attorney 5