HomeMy WebLinkAboutOrdinance 2005-014
ORDINANCE NO. 2005-014
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.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,
FLORIDA AS FOLLOWS:
SECTION ONE. Authority. The City Connnission 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 Purchasine: 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 Defmitions
A. "Commodity" means any of the various supplies, materials, goods, merchandise,
equipment, and other personal property.
B. "Formal Invitation to Bid (ITB)" or "Formal Request for Proposal (RFP)""
refers to the procedure for soliciting two or more competitive sealed bids or
proposals submitted by responsive, responsible, and qualified bidders or otferors.
C. "Contractor" or "Vendor" means a party who contracts to sell connnodities 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 non-compliance with
Florida Statutes or other regulatory laws and permits, or situations which may
cause a major adverse financial impact to the City should innnediate 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 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. "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.
I. "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.
1. "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
connnodity 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
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 of the City.
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SECTION 21.3 Authority
Subject to compliance with this Chapter and the Purchasing Manual, the
Purchasing Agent or designee is hereby granted authority to purchase or contract
for all connnodities and contractual services required by the City or other agencies
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 connnodities and
contractual services shall be processed and approved in accordance with the
following minimum standards:
Level
Level One
Level Two
Level Three
Value of Purchase
Individual Item and/or
Total Purchase less
than $1,000.00
Individual Item and/or
Total Purchase
$1,000.00 and over
and less than
$5,000.00
Individual Item and/or
Total Purchase
$5,000.00 and over
and less than
$15,000.00
Pricing
Mechanism
Authority to
Approve
One Verbal Quote
Department
Director or
Designee
Two Verbal Quotes
Department
Director or
Designee
Three Written Quotes
Purchasing
Agent
(Requires City
Connnission
approval for
capital items if
amount exceeds
budgeted
amount or has
been changed
from original
budget)
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Level Four Individual Item and/or Formal Invitation to City Manager
Total Purchase Bid or Request for (Requires award
$15,000.00 and over Proposal or rejection by
and less than the City
$25,000.00 Connnission if
the purchase
exceeds the
original
budgeted dollar
amount, or has
been changed
from original
budget)
Level Five Individual Item And/or Formal Invitation to City Connnission
Total Purchase Bid Or Request for
$25,000.00 and over Proposal
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 Purchasing Agent may waive the minimum standards for any connnodity
or contractual service which is less than $15,000.00 in value. In such case, the
Purchasing Agent shall attach a written explanation for waiver to the purchase
order.
B. The City Manager may waive the minimum standards for any connnodity 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.
C. The City Connnission may waive the minimum standards for any connnodity or
contractual service in excess of $25,000.00
SECTION 21.6 Emergency Purchases
A. The Department Director may make Emergency Purchases, with
authorization of the 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.
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B. Emergency purchases of $25,000.00 or more will require that the City
Manager or the Department Director inform the City Connnission regarding
the purchase and the nature of the emergency, by submitting a report, of all
such emergency purchases at the next regularly scheduled City Connnission
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. The purchasing procedures, as established by the City
Manager above, are detailed as part of the Purchasing Manual.
B. The adoption of a Purchasing Policy shall be made by City Ordinance.
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 $25,000.00 do not require City
Connnission approval. If a contract is required in connection with such a
purchase, then following compliance with Section 21.4, Minimum Standards,
the Mayor and City Clerk shall execute all such 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 Chapter:
(1) APPRAISAL SERVICES
(2) CATERING/FOOD
(3) COLLECTIVE BARGAINING AGREEMENTS
(4) DUES
(5) EMPLOYEE SCREENING SERVICES INCLUDING MEDICAL
(6) ENTERTAINMENT
(7) FINANCIAL SERVICES
(8) FREELANCE SERVICES
(9) LAND PURCHASES
(10) LEGAL ADVERTISING
(11) LEGAL SERVICES
(12) POSTAGE/SIDPPING
(13) TEMPORARY EMPLOYMENT CONTRACTS
( 14) TRAVEL/TRAINING
(15) UTILITIES
(16) VETERINARIAN SERVICES
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B. Professional architectural, engineering, landscape architectural, or surveying
and mapping services 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 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 subject to
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 subject 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 subject 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 Connnission 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-Iettered 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-Iettered 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.
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SECTION FIVE. Effective Date. This Ordinance shall become effective upon passage and
adoption.
PASSED AND ADOPTED this ~day of QJ.o~, 2005.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
ADVERTISED futr-l l J , 2005
READ FIRST TIM
, 2005
RE D SECOND TIME AND ADOPTED
~~ LI ,2005
UNDER AGENDA ITEM NO. .,
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FORM AND
LEGA{.ITY, THIS ~/f~ day
of Oe:h'w-' ,2005
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/f5$"/jh~I-cITY ATTO
006.184944.5
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