Loading...
Ordinance No. 2024-13 Increasing City Manager's Purchasing Authority - July 2, 2024 CITY OF AVENTURA ORDINANCE NO. 2024-13 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION," ARTICLE IV "FINANCE," DIVISION 3 "PURCHASING" BY INCREASING THE CITY MANAGER'S PURCHASING AUTHORITY FROM $50,000 TO $100,000; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Aventura's ("City") Code of Ordinances ("Code") authorizes the City Manager to approve contracts more than $5,000.00 but less than $50,000 without City Commission approval; and WHEREAS, the City Commission finds it is in the best interest of the City and its residents to increase the City Manager's authorization to $100,000.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Division 3 "Purchasing"," in Article IV "Finance, Chapter 2 "Administration," is hereby amended to increase the City Manager's authorization to approve contracts as follows: CHAPTER 2 — ADMINISTRATION ARTICLE IV. — FINANCE Division 3. — PURCHASING Sec. 2-252. — Purchasing guidelines (b) Purchases of more than $5,000.00 but no more than $50;000.00 $100,000.00. Purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount expended is in excess of $5,000.00 but which is no more than $58,000.00 $100,000.00 may be made or entered into by the City Manager without City Commission approval, provided that three quotations are obtained from individual vendors, where reasonably feasible. Single purchases and 1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by stFilke City of Aventura Ordinance No. 2024-13 contracts of greater than $50,000.00 $100,000.00 shall not be artificially divided into multiple segments to bypass the informal competitive bidding requirements of this division. (c) Purchases of$50,000.0 more than $100,000.00 . Except as exempted by sections 2-253 and 2-256, purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount expended is more than $ 00 $100,000.00 shall be awarded by the City Commission after formal competitive bidding. Section 2-253. - Exemptions from competitive formal bidding. (3) Professional services. Contracts of $50,000.00 $100,000.00 or less for the professional services of attorneys, physicians, professional consultants, planners, court stenographers, real estate brokers, and other professions licensed and regulated by the State, and (if not exempted pursuant to subsection (2)d. above) contracts for those professional services governed by F.S. § 287.055, the Consultants Competitive Negotiation Act (the "CCNA") which do not exceed the Category Two CCNA threshold amount which is described in F.S. § 287.017(1)(b), may be entered into by the City Manager without formal competitive bidding under this division, unless otherwise required by applicable law. (4) Purchases below minimum amount. Purchases of $50,000.00 $100,000.00 or less shall be exempt from the competitive bid requirements, unless otherwise mandated by applicable law. Section 2-256. - Award of professional services contracts. The requests for proposal/requests for qualification process shall be utilized for the awarding of contracts of more than $50,000.00 $100,000.00 for the professional services of attorneys, physicians, professional consultants, planners, court stenographers, real estate brokers and other professions licensed and regulated by the State, and for professional services governed by F.S. § 287.055, the Consultants Competitive Negotiation Act (the "CCNA") unless exempt under subsection (2)d. above as a continuing contract under the CCNA. All such awards shall be made by a resolution adopted by the majority of the City Commission. The City Commission may, by motion, waive the requirements to utilize requests for proposals/requests for qualifications if it is determined to be in the best interests of the City to do so or as otherwise authorized by law. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any Page 2 of 4 City of Aventura Ordinance No. 2024-13 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. Codification. 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 re- numbered or re-lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Conflict. That all sections or parts of sections of the Code of Ordinances, all ordinances or parts ordinances, and all resolutions or parts of resolutions in conflict are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Friedland, who moved its adoption on first reading. This motion was seconded by Commissioner Joel and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Paul A. Kruss Yes Commissioner Michael Stern Yes Vice Mayor Dr. Linda Marks Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner 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 Billy Joel Yes Commissioner Paul A. Kruss Yes Commissioner Michael Stern Yes Vice Mayor Dr. Linda Marks Yes Mayor Howard S. Weinberg Yes Page 3 of 4 City of Aventura Ordinance No. 2024-13 PASSED on first reading this 4th day of June, 2024. PASSED AND ADOPTED on second reading this 2nd day of July, 2024. G H WARD S. WEINBERG, ESQ. `e MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 4 of 4