Ordinance No. 5-99-32F '
ORDINANCE NO. 5-99-32
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AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VII, FINANCE, DIVISION 1. GENERALLY, TO
PROVIDE TIIAT AMENDMENTS TO THE CITY'S
OPERATING BUDGET SHALL BE AUTHORIZED BY
ORDINANCE, AND DELETING SEC. 2-318 RESERVE
ACCOUNT FOR FIRE DEPARTMENT REVENUE;
AMENDING DIVISION 2. PURCHASING TO APPROVE
CERTAIN CHANGES IN THE CITY'S PURCHASING
PROCEDURES, AND PROVIDING AN EFFECTIVE DATE
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF
THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Secs. 2-311 through 2-355 are hereby amended to read as follows (words
strieken are deletions; words underlined are additions):
"DIVISION 1. GENERALLY
Sec. 2-311. Fiscal year.
• The fiscal year of the city is hereby established to begin on October first of
each year and end on September thirtieth of the following year.
Sec. 2-312. Allotments, constitute basis of expenditures and are subject to
revision.
The city manager shall authorize all expenditures for the offices,
departments and agencies to be made from the appropriation on the basis of
approved allotments and not otherwise. An approved allotment may be revised
during the budget year in the same manner as the original allotment was made. If,
at any time during the budget year, the city manager shall ascertain that the
available income, plus balances, for the year will be less than the total
appropriations, he shall reconsider the work program and allotments of the several
offices, departments and agencies and revise the allotments so as to forestall the
making of expenditures in excess of such income.
Sec. 2-313. Transfers of appropriations.
The city manager may at any time transfer any unencumbered appropriation
balance, or portion thereof, between general classifications of expenditures within
an office, department or agency. At the request of the city manager, the city
commission by resolution ordinance may at any time transfer any unencumbered
• appropriation balance, or portion thereof, from one office, department or agency to
another office, department or agency.
Sec. 2-314. When contracts and expenditures prohibited.
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No officer, department or agency shall, during any budget year, expend or
contract to expend any money or incur any liability, or enter into any contract
which by its terms involves the expenditure of money, for any purpose, in excess
of the amounts appropriated pursuant to this Code. Any contract, verbal or written,
made in violation of this Code shall be null and void. Any officer or employee of
the city who shall violate this section shall be guilty of a misdemeanor and, upon
conviction thereof, shall cease to hold his office or employment. Nothing in this
section contained, however, shall prevent the making of contracts or the spending
of money for capital improvements to be financed in whole or in part by the
issuance of bonds, nor the making of contracts of lease or for services for a period
exceeding the budget year in which the contract is made, when the contract is
permitted by law.
Sec. 2-315. Encumbrances.
(a) An appropriation shall be obligated for expenses properly chargeable
against it as soon as the expense, or the liability therefor, is incurred. The director
of finance shall establish an encumbrance system where appropriate, as required by
the National Committee on Governmental Accounting, that will accomplish this
obligation and shall prescribe methods of documentation so that an adequate audit
• trail is available as to the placing, modification and satisfaction or release of
encumbrances. Once encumbered, appropriated funds shall be considered obligated
and unavailable for expenditures (except to satisfy the encumbrance), transfer or
reappropriation, and obligated balances of appropriations remaining undisbursed at
the close of the fiscal year shall be treated as provided in subsection (b). An
encumbrance may be modified either to increase or decrease the amount of funds
encumbered by it, but no increase in an encumbrance shall be larger than the
amount of unobligated funds then remaining in the appropriation account. An
encumbrance may be released, in whole or in part, to the extent that the funds so
released are not needed to pay the expense for which they were encumbered, and
the funds thus released shall become unobligated funds in the appropriation
account, except fiords released from an encumbrance which is carried over from a
prior fiscal year, which shall be treated as provided in subsection (b).
(b) The encumbered balance of an appropriation account at the end of the
fiscal year shall be carried over to and become a part of the appropriation account
for the ensuing fiscal year, provided that the encumbrances outstanding at year end
represent the estimated amount of the expenditures ultimately to result if
unperformed obligations in process at year end are completed. The carryover of an
encumbered balance shall not release or discharge the encumbrances, but it shall be
subject to the provisions of subsection (a) in the ensuing fiscal year, provided that
funds released from an encumbrance which carried over shall become
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• unappropriated funds in the beginning fund balance for the ensuing fiscal year.
Encumbered balances carried over to the ensuing fiscal year shall not be reported
as expenditures for the previous fiscal year, but as reservations of fund balance for
subsequent fiscal year expenditures.
Sec. 2-316. Fees shall be paid to city government.
All fees received by an officer or employee shall belong to the city
government and shall be paid daily to the city treasury.
Sec. 2-317. Dishonored checks.
The director of finance shall add a service fee of twenty dollars ($20.00) or
five (5) percent of the face amount of the check, draft or order, whichever is
greater, for the collection of a dishonored check, draft or other order for the
payment of any licenses, fees, taxes, utility charges, commissions or charges of
any sort authorized to be made under the laws of the state and this Code or other
ordinances of the city. The service fee shall be in addition to all other penalties
imposed by law.
See. 2 318. Reserve ecce ntfor---€ire-depa#ment-revenue-;
Secs. 2-319--2-330. Reserved.
DIVISION 2. PURCHASING
Sec. 2-331. Bids --When required.
All supplies and contractual services, except for JG� the enterprise funds, V V11�V1 �J11
other -wise provided i this d , when the estimated cost thereof shall exceed
t-A,o thousand five hundred dollars . ten thousand dollars ($10,000) shall
be purchased by formal, written contract from the lowest responsible bidder after
due notice inviting proposals. For- t , all supplies and contr-ae
I hen the estimated eost thereof shall exeeed five thousand dollar -
purchased -by ormal, written contract from the
f-esp :.sihie bidder after- . ting prep
6SalS:
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• Sec. 2-332. Same --Notices inviting.
Notice of inviting bids shall be published once in at least one (1) newspaper
of general circulation at least five (5) days preceding the last day set for the receipt
of proposals. The notice shall include a brief description of the services or supplies
and shall state where bidding information may be secured and the time and place of
opening bids.
Sec. 2-333. Same --Deposits or bonds.
Bid deposits or bid bonds shall be required on all public works construction
contracts with the dollar amount in excess of twenty-five thousand dollars
($25,000.00) except for maintenance contracts. Bid deposits or bid bonds may be
required on all other contracts or purchase orders. When bid bonds or bid deposits
are required, the requirement shall be prescribed in the public notices inviting bids.
Unsuccessful bidders shall be entitled to return of surety pursuant to the
requirements set forth in the public notice inviting bids. Further a successful bidder
may be required to forfeit any surety or bid deposit required by the city upon
failure on the bidders part to enter a contract within ten (10) days after the award
of a contract or as is otherwise required in the bidding documents.
Sec. 2-334. Same --Opening procedure.
• Bids shall be submitted sealed to the city manager and shall be identified as
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bids on the envelope. Bids shall be opened in public at the time and place stated in
the public notice. Tabulation of all bids received shall be available for public
inspection and shall be furnished to all bidders upon request.
Sec. 2-335. Same --Award of contract.
(a) Lowest responsible bidder. Contract shall be awarded to the lowest
responsible bidder. In determining the lowest responsible bidder, in addition to
price, the city commission shall consider:
(1) The ability, capacity and skill of the bidder to perform the contract or
provide the service required;
(2) Whether the bidder can perform the contract or provide the service
promptly, or within the time specified, without delay or interference;
(3) The character, integrity, reputation, judgment, experience and efficiency of
the bidder;
0(4) The quality of performance of previous contract or services;
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• (5) The previous and existing compliance by the bidder with laws and
ordinances relating to the contract or service;
(6) The sufficiency of the financial resources and ability of the bidder to
perform the contract or provide the service;
(7) The quality, availability and adaptability of the supplies or contractual
services to the particular use required;
(8) The ability of the bidder to provide future maintenance and service for the
use of the subject of the contract.
(b) Tie bids. If all bids received are for the same total amount or unit price,
quality and service being equal, then the contract shall be awarded to one of the
bidders by drawing lots in public.
(c) Performance and labor and material payment bonds The city manager
shall require a performance bond and a labor and material payment bond before
entering a contract for a public improvement as required by Florida Statutes.
Sec. 2-336. Same --Exceptions.
The formal bidrocedure as defined in this division is not required in the
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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
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• 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 their 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 two thousand five hundred dollars ($2,500.00) ten thousand dollars
($10,000)may be made in the open market without newspaper advertisement and
without observing the procedure prescribed by section 2-331 et seq. 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 two thousand Pve hundred
dollars -($2,500.00) ten thousand dollars ($10,000) 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;
(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;
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• (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 ten thousand dollars
($10000) when the services or goods are related to items also exempted to the
formal bid procedures as listed in Sec 2-336, except for professional, artistic skills
or insurance, which are in excess of $10,000.
Sec. 2-339. Payments.
•Upon receipt of an invoice, confirmed by an approved purchase orderand
proof that the materials, supplies or equipment have been received or work
completed, the director of finance shall pay such indebtedness, taking advantage of
all discounts allowed.
Secs. 2-340--2-355. Reserved."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of N, ✓ P 11 X6 e r, 1999.
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PASSED by the City Commission on second and final reading this QV/- k day of
17ECCin15E-2 , 1999.
ATTEST:
% ttLw"
MA KIN�r
City Clerk
City A
is
as to form and correctness:
C. JF;IWN, ESQUIRE
JOHN S. MESERVE
Mayor, Presiding Officer