2006-17
ORDINANCE NO. 2006-17
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA; AMENDING THE CITY CODE BY
AMENDING CHAPTER 2 "ADMINISTRA TION" BY
AMENDING DIVISION 3 "PURCHASI NG" BY
AMENDING SECTION 2-252 "PUR CHASING
GUIDELINES", SECTION 2-253 "EXEMPTIONS
FROM COMPETITIVE FORMAL BIDDING",
SECTION 2-256 "AWARD OF PROFESSIONAL
SERVICES CONTRACTS"; PROVIDING FOR
ENHANCED PURCHASING AUTHORITY,
REVISIONS TO EXEMPTIONS FROM
COMPETITIVE BIDDING, CLARIFICATION AND
UPDATE OF EXISTING PROVISIONS; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
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 finds that the adoption of the revised purchasing
guidelines and procedures, as set forth herein, is in the best interest ofthe City.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF A VENTURA, 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 "Administrati on" of the City Code
is hereby amended by revising Division 3., at Section 2-252 "Purchas ing Guidelines", Section
2-253 "Exemption s from Competitive Formal Bidding", Section 2-256 "Award of
Professional Services Contracts", to read as follows: 1
DIVISION 3. PURCHASING
Sec. 2-252. Purchasing Guidelines.
(a) Purchases not greater than $2,500.00. Purchases of or contracts for materials,
supplies, equipment, improvements or services where the total amount expended is
not greater than $2,500.00 may be made or entered into by the City Manager
without competitive bidding and without City Commission approval.
(b) Purchases of more than $2,500.00 but less than $15J)(){).{){) $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, but which is less than
$l5,000.00 $50.000.00, may be made or entered into by the City Manager without
City Commission approval, provided that three quotations are obtained from
individual vendors.
(c) Purchases of $15, (){){). ()() $50.000.00 or more. 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 $l5,OOO.00
$50.000.00 or more shall be awarded by the City Commission after formal
competitive bidding.
Sec. 2-253. Exemptions from Competitive Formal Bidding.
The following exemptions from competitive formal bidding are hereby established:
(1) Sole source availability. Supplies, equipment or services available from a
sole source only may 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.
(2) Purchases made under state contracts or orocedures. Purchases made under
state purchasing contracts or procedures pursuant to:
a. F.S. 9287.042; or
b. State General Service Administration Contracts, or Federal, County or
other governmental contracts; or
c. Cooperative bids with other governmental agencies; or
1/ Proposed additions to existing City Code text are indicated by underline; proposed deletions from
existing City Code text are indicated by skikethrallgll..
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g. Continuing contracts as defined in and authorized by Section 287.055.
Florida Statutes;
shall be exempt from the competitive bid requirements of this division.
(3) Professional services. Contracts of less than $l5,000.00 $50.000.00 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 (if not exempted pursuant to Sec. 2-253 (2)(d) above)
contracts for those professional services governed by F.S. 9 287.055, the
Consultants Competitive Negotiation Act (the "CCNA") which do not exceed the
Category Two CCNA threshold amount which is described in Sec. 287.0l7 (1)
(b), Florida Statutes, 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 less than ~,QOO.OO
$50.000.00 shall be exempt from the competitive bid requirements, unless
otherwise mandated by applicable law.
(5) Emergencies. Purchases arising out of or because of emergencies shall be
exempt from the competitive bid requirements. Emergencies constitute a
situation, occurrence or matter necessitating immediate or quick action and not
permitting adequate time to utilize competitive bidding.
(6) Impracticability. Under circumstances where competitive bidding is
impracticable, including but not limited to situations where time constraints do
not permit the preparation of clearly drawn specifications or situations where,
after competitive bidding, no bids meeting bid requirements are received, all
compliant bids received are too high, or all bids are rejected for failure to meet bid
requirements (i.e., bids are noncompliant), such purchases shall be exempt from
the competitive bid requirements.
Sec. 2-256. Award of Professional Services Contracts.
The requests for proposal/requests for qualifications process shall be utilized for the
awarding of contracts of $l5,OOQ.00 $50.000.00 or more 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. 9 287.055, the Consultants Competitive Negotiation Act (the "CCNA") unless exempt
under Sec. 2-253(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 requirement to utilize requests for proposal/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.
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Section 3. 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 A ventura; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "0 rdinance" shall be changed to
"Section" or other appropriate word.
Section 4.
Severabilitv. 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 5. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on first
reading. This motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote
was as follows:
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Zev Auerbach yes
Commissioner Michael Stem yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Harry Holzberg yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Weinberg, who moved its adoption on
second reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote
was as follows:
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Zev Auerbach yes
Commissioner Michael Stem yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Harry Holzberg yes
Mayor Susan Gottlieb yes
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PASSED AND ADOPTED on first reading this 8th day of November, 2006.
PASSED AND ADOPTED on second reading this l6th day of November,
2006.
Approved as to Form and Legal SUffiCienc/!
Hfry) ~
City Attorney
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