HomeMy WebLinkAboutOrdinance 2000-23
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. Authoritv. 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 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 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, resDonsible, and qualified bidders or offerors.
006.184944.5
1
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 DiyisioB Function
There is hereby established a Purchasing Division Function within the
Department of the City~ Manager '.'lith the head of that division designated
The Citv ManaQer or his/her desiQnee mav serve as the Purchasing Agent.
The City Manager may also serve as the Purchasing Agent. In the absence
of the Purchasing ,^~gent, or designee, the ,\ssistant City Manager shall
assume the responsibility and authority of the Purchasing ,\gent.
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:
006.184944.5
2
Value of
Purchase
tffidef Individual
Item and/or
Total Purchase
less than
$250.00
$250.00 to
$1,000.00
Individual Item
over $249.99 and
less than
$1.500.00 and/or
Total Purchase
over $249.99 and
less than
$5.000.00
$1,000.01 to
$9,999.99
Individual Item
over $1.499.99
and less than
$15.000.00
and/or Total
Purchase over
$5.000.00 and
less than
$15.000.00
$10,000 and
Individual Item
and/or Total
Purchase over
$14.999.99
006.184944.5
Pricing
Mechanism
One Verbal Quote
+flree Two Verbal
Quotes
Three Written Quotes
Formal Invitation to Bid
or Request for Proposal
3
Authority to
Approve
Department head
Director or
Designee
Purchasing Agent
Deoartment
Director or
Designee
Purchasing ,\gent
City ManaQer or
Designee
City Commission
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 $10,000.00
$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 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 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 over $10,000.00 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 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.
C. As set forth in Section 21.4. the ourchase of commodities and
contractual services with a value less than $15.000.00 do not require
Citv Commission aooroval. If a contract is required in connection with
such a ourchase. then followinQ aooroval of a ourchase order. the
Mavor and Citv Clerk shall execute all such contracts.
006.184944.5
4
SECTION 21.8 Exemptions
A. The following commodities and contractual serVIces shall not be
orocured subject to this Chapter.
ill APPRAISAL SERVICES
(1) ,\CHIEVEMENT OR AWARDS
(2) ARCHITECTUR.\L SERVICES
~ ill AUDITING SERVICES
(1) AUTO ALLOWANCE
~ ill COLLECTIVE BARGAINING AGREEMENTS
(6) CONSTRUCTION
(7) DEBT SERVICE REQUIREMENTS
(8) DONATIONS
f9j ill DUES
fl-Gf ill EMPLOYEE SERVICE
(11) ENGINEERING SERVICES
~ ilil ENTERTAINMENT
~ ill INSURANCE
fl4j ill INSURANCE SERVICES
(15) JUDGEMENTS
8-6:) L2l LAND PURCHASES
(17) LAND SURVEYING SERVICES
~ am LEGAL ADVERTISING
fl-91 UU LEGAL SERVICES
~ PENSIONS
~ SALARIES
(22) T,^~XES
~ Q1l TRAVEL
~ Q1l UTILITIES
B. The procurement of orofessional 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. Severabilitv. 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
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-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.
SECTION FIVE. Effective Date. This Ordinance shall become effective upon passage
and adoption.
PASSED AND ADOPTED this
J~ ~ day of S~fr61k 6cL
,2000.
APPROVED:
ADVERTISED AlI6usr 17 ,2000
READ FIRST TIME
.AU~I{'T 15 ,2000
READ SECOND TIME AND ADOPTED
~n-6Jtt86-P. S- , 2000 T~~ 10 $6PtbM(JI..1l
UNDER AGENDA ITEM NO. VI A I I') ~D'"
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FO~M AND
LEG~HIS f1 day
of W ,2000
FOLE& LARDNER
BY: u~rw
CITY ATTORNEY
006.184944.5
6