Ordinance No. 5-08-49ORDINANCE NO.5-08-49
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VII, FINANCE,
DIVISION 2, PURCHASING, SECTION 2-331, WHEN
BIDS ARE REQUIRED, TO INCREASE THE BID
THRESHOLD, AMENDING SECTION 2-336,
EXCEPTIONS, ADDING AN ADDITIONAL
EXCEPTION, AMENDING SECTION 2-337, OPEN
MARKET PROCEDURES, RAISING THE AMOUNT
FOR WHICH NO ADVERTISING IS REQUIRED,
AMENDING SECTION 2-338 SCOPE OF
PURCHASING AUTHORITY TO INCREASE THE
CITY MANAGER'S AUTHORITY FOR DOLLAR
LIMITS, AND TO PROVIDE AN EFFECIVE DATE
WHEREAS, the City has not amended the purchasing code to reflect the increased
cost of goods and services since 1999, and
WHEREAS, the resources devoted to preparing and awarding a bid including the
cost of advertising has become an increasingly significant portion of
the total cost for each bid, and
WHEREAS, the staff will continue to exercise due diligence with respect to seeking
the best price and product for the City under the internal guidelines
set forth by the City Manager for those items under $25,000.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
that;
SECTION l: Chapter 2, Administration, Article VII, Finance, Division 2,
Purchasing is hereby amended to read as follows (words
stricken are deletions and words underlined are additions):
Sec. 2-331. Bids--When required.
All supplies and contractual services, when the estimated cost thereof shall exceed
twenty-five thousand dollars ($25 000.00) shall be
purchased by formal, written contract from the lowest responsible bidder after due notice
inviting proposals.
Ordinance No. 5-08-49 Page 1
Sec. 2-336. Same--Exceptions.
The formal bid procedure as defined in this division is not required in the following
cases:
(1) When the city commission, by a vote of the majority of those members present,
waives a formal bid procedure;
(2) When the goods or services to be procured are procurable from only one source,
such as contracts for telephone service, electrical energy and other public utility services;
books, pamphlets, periodicals, specifically designed business and research equipment and
related supplies;
(3) Where the services required are for professional, artistic skills or insurance,
pursuant to a written contract;
(4) In emergencies involving public health, safety or where immediate expenditure is
necessary for repairs to city property in order to protect against further loss of or damage
to the city property to prevent or minimize serious destruction of city services;
(5) Contracts for the maintenance or servicing of equipment which are made with the
manufacturer or authorized service agent of equipment when the maintenance or
servicing can best be performed by the manufacturer or authorized service agent where
such a contract would otherwise be advantageous to the city;
(6) When the goods or services are procured from other governmental agencies or at
or below the cost of their competitively bid contracts;
(7) Purchase and contracts for the use or purchase of data processing equipment or
data processing systems software and reproduction equipment.
(8) When the goods or services are procured from government-related state-wide or
national associations.
Sec. 2-337.Open market procedures.
All purchases of supplies and contractual services of less than the estimated value of
twenty-five thousand dollars ($25 000 00~ maybe
made in the open market without newspaper advertisement and without observing the
procedure prescribed by section 2-331 except. for the award of formal contracts. The city
manager shall keep a record of all open market orders and orders for the purchase of
supplies and services in accordance with the Public Records Act of the state and
generally accepted accounting internal control procedures.
Sec. 2-338. Scope of purchasing authority.
The city manager shall have the authority to:
(1) Award contracts within the purview of this division. Provided, that no purchase
order or contract for an amount in excess of twenty-five thousand dollars ($25 000.00)
be executed without city commission approval unless
there is an emergency involving public health, safety or where immediate expenditure is
necessary for repairs to city property in order to protect against further loss of or damage
to the city property to prevent or minimize serious destruction of city property to prevent
or minimize serious destruction of city services. In that event, the city manager shall
report the action taken and expense incurred to the city commission;
Ordinance No. 5-OS-49 Page 2
(2) Prepare purchase procedures necessary for the function of purchasing;
(3) Act or procure for the city the highest quality in supplies and contractual services
at least expense to the city;
(4) Discourage uniform bidding and endeavor to obtain as full and open competition
as possible on all purchases and sales;
(5) Establish all rules and regulations authorized by this division and any others
necessary to its operation;
(6) Prescribe and maintain such forms as he shall find reasonably necessary to the
operation of this division;
(7) Prepare and adopt standard purchasing nomenclature for using agencies and
suppliers;
(8) Exploit the possibilities of buying in bulk so as to take full advantage of
discounts;
(9) Sign on behalf of the city any contract authorized by the city commission,
excepting where the city commission directs that some other officer or officers shall do
so.
(10) Approve purchase orders and contracts in excess of twenty-five thousand dollars
($25,000.001 when the services or goods are related to
items also exempted to the formal bid procedures as listed in section 2-336, except for
professional, artistic skills or insurance, which are in excess of twenty-five thousand
dollars ($25,000.00) .
SECTION 2, Effective Date,
This ordinance shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission on first reading this 27~' day of May, 2008.
PASSED by the City Commission on second and final reading this 9~' day of June, 2008.
ATTEST:
ll
Donna L. Bussey, CM
City Clerk
Ap~o~dl~ to Form and Correctness:
C. ~Tensen, Esquire
Ordinance No. 5-08-49 Page 3