Ordinance No. 2023-02 Amending Code Chapter 2 for Enhanced Purchasing Authority - February 7, 2023 CITY OF AVENTURA ORDINANCE NO. 2023-02
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 2 "ADMINISTRATION," ARTICLE IV "FINANCE," DIVISION 3
"PURCHASING," OF THE CITY OF AVENTURA CODE OF
ORDINANCES TO PROVIDE FOR ENHANCED PURCHASING
AUTHORITY AND REVISE EXEMPTIONS FROM COMPETITIVE
BIDDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura (the "City") Commission recognizes that changes
to the adopted Code of Ordinances are periodically necessary in order to ensure that the
City's regulations are current and consistent with the City's planning and regulatory
needs-land
WHEREAS, in order to improve the efficiency of the purchasing process it is
necessary to update the purchasing guidelines and procedures which were initially
adopted by the City in 1996; and
WHEREAS, the City Commission desires to amend Chapter 2, Article IV
"Finance," Division 3 "Purchasing," to provide updates to existing provisions concerning
purchasing guidelines; and
WHEREAS, the City Commission finds that the proposed amendment is in the best
interest of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals are hereby
adopted and confirmed.
Section 2. City Code Amended. That Chapter 2 "Administration," of the City
Code of Ordinances is hereby amended to read as follows:
Chapter 2 - ADMINISTRATION
ARTICLE IV. — FINANCE
Underlined provisions constitute proposed additions to existing text. Double underline text indicates
changes made between first and second reading.
City of Aventura Ordinance No. 2023-02
Sec. 2-251. - Generally; authority of City Manager.
The City Manager shall supervise and have full authority to approve or disapprove
purchases by all departments. The City Manager subject to rules and regulations
established by ordinance shall issue rules and be responsible for enforcing gever+�+r�g
purchasing procedures he .rooms necessary from tirne to Purchases shall not be
divided to bypass established purchasing limits. It is the responsibility of the department
heads and the City Manager to ensure all purchases are consistent with and support the
approved budget prior to committing funds. The City Manager shall approve all contracts
relating to purchases of the City subject to the provisions of this division. All expenditures
pursuant to this division shall conform to section 3.09 of the Charter.
Sec. 2-252. Purchasing Guidelines.
(a) Purchases not greater than $�99.00 $5,000.00. Purchases of or contracts
for materials, supplies, equipment, improvements or services where the total
amount expended is not greater than $2,F�0-$5,000.00 may be made or
entered into by the City Manager without competitive bidding and without City
Commission approval.
Procurement Cards. The City Manager or designee shall have the
authority to issue city procurement cards to employees at the request of
the department director. The City Manager or designee shall develop
operational policies and procedures for the use of the procurement cards,
which shall be adopted as an administrative policy.
(b) Purchases of more than $2,500.08 $5,000.00 but less than
$50,000.00. Purchases of or contracts for materials, supplies, equipment,
improvements or services where the total amount expended is in excess of
$2,500.00 $5,000.00 but which is less than $50,000.00, may be made or
entered into by the City Manager without City Commission approval, provided
that three (3) quotations are obtained from individual vendors. Single
purchases and contracts of greater than $50,000.00 shall not be artificially
divided into multiple segments to bypass the informal competitive bidding
requirements of this division.
Emergency Purchases. Notwithstanding any other provision of this Code, the
City Manager or designee may make or authorize others to make emergency
purchases, where necessary to purchase an operating or capital item
immediately. The City Manager is authorized to determine if an emergency
exists for purposes of emergency purchases and procurements. If an
emergency does exist, the City Manager shall authorize emergency
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City of Aventura Ordinance No. 2023-02
expenditures for the procurement or temporary acquisition of supplies,
equipment and services necessary to meet the city's needs as a result of the
emergency, and may delegate authority for a department head or other
designee to secure emergency proposals. Any emergency procurement
exceeding threshold as defined in section 2-252(c) shall be reported to and
authorized by the City Commission.
Sec. 2-253. Exemptions from Competitive Formal Bidding.
The following exemptions from competitive formal bidding are hereby established:
(1) Sole or single source availability. Supplies, equipment or services available
from a sole or single source enly may only be exempted from the bidding
requirements of this division by the City Manager upon the filing of a written
request by a department head to the City Manager outlining the conditions and
circumstances involved.
a. All sole or single source procurements where the cost of the
commodities or contractual services exceeds the threshold as defined
in section 2-252(c) shall be authorized by the City Commission.
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but
they shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be made
a part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
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City of Aventura Ordinance No. 2023-02
The foregoing Ordinance was offered by Commissioner Bloom, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Joel and upon being
put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Billy Joel Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Vice Mayor Joel, who moved its adoption
on second reading. This motion was seconded by Commissioner Kruss, and upon being
put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Billy Joel Yes
Mayor Howard S. Weinberg Yes
PASSED on first reading this 5th day of January, 2023.
PASSED AND ADOPTED on second reading this 7th day of February, 2023.
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City of Aventura Ordinance No. 2023-02
•
� H6ivvARD S. WEINBERG, ES
e MAYOR
ATTEST:
ELLISA L. HORVAT , MMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A ORNEY
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