96-07 ORDINANCE NO. 96-07
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING GENERAL PURCHASING
REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPLACEMENT OF PROVISIONS OF
METROPOLITAN DADE COUNTY CODE SECTION 2-8.1,
ET SEQ., PURSUANT TO CITY CHARTER SECTION
8.03; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is desirable to enact purchasing regulations to
implement Section 3.10 of the City Charter; and
WHEREAS, for those limited situations enumerated in the
purchasing regulations for which the City Council has provided
exemptions from the requirement for the use of competitive bids or
proposals upon clearly drawn specifications, the City Council
finds that it is impracticable to make the award of contracts upon
competitive bids or proposals upon clearly drawn specifications.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA,
FLORIDA, AS FOLLOWS:
Section 1. Pursuant to City Charter Section 3.10, the
following General Purchasing Regulations are hereby established for
the City of Aventura:
A. Authority of City Manaqer; approval of contracts. The
City Manager shall supervise and have full authority to approve or
disapprove purchases by all departments. The City Manager shall
issue rules governing purchasing procedures as he deems necessary
from time to time. The City Manager shall approve all contracts
relating to purchases of the City subject to the provisions of this
Ordinance. All expenditures pursuant to this Ordinance shall
conform to City Charter Section 3.09.
B. Guidelines for procedures.
(1) Purchases not qreater than $2,500. Purchases of or
contracts for materials, supplies, equipment, improvements or
services where the total amount expended is not greater than $2,500
may be made or entered into by the City Manager without competitive
bidding and without City Council approval.
(ii) Purchases of more than $2,500 but less than
$15,000. Purchases of or contracts for materials, supplies,
equipment, improvements or services where the total amount expended
is in excess of $2,500, but which is less than $15,000, may be made
or entered into by the City Manager without City Council approval,
provided that three (3) quotations are obtained from individual
vendors.
(iii) Purchases of $15,000 or more. Except as exempted
by paragraph C. and F. below, purchases of or contracts for
materials, supplies, equipment, improvements or services where the
total amount expended is $15,000 or more shall be awarded by the
City Council after formal competitive bidding.
C. Exemptions from competitive formal biddinq. The
following exemptions from competitive formal bidding are hereby
established:
(i) Sole Source. Supplies, equipment or services
available from a sole source only may be exempted from the bidding
requirements of this Ordinance 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.
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(ii) Government Contracts. Purchases made under state
purchasing contracts (a) pursuant to Fla. Stat. S 287.042; or (b)
pursuant to state General Service Administration Contracts,
federal, county or other governmental contracts; or (c) purchases
made pursuant to cooperative bids with other governmental agencies
shall be exempt from the competitive bid requirements of this
Ordinance.
(iii) Professional Services. Contracts of less than
$15,000.00 for the professional services of attorneys, physicians,
court stenographers, real estate brokers and other professions
licensed and regulated by the state, and professional services
governed by Fla. Stat. § 287.055, the Consultants Competitive
Negotiation Act, may be entered into by the City Manager without
formal competitive bidding under this Ordinance, unless required by
law.
(iv) Minimum Amount. Purchases of less than $15,000;
(v) Emerqencies. Purchases arising out of or because of
emergencies. Emergencies constitute a situation, occurrence or
matter necessitating immediate or quick action and not permitting
adequate time to utilize competitive bidding.
(vi) 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
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for failure to meet bid requirements (i.e. bids are noncompliant).
D. Sealed bid. All competitive formal bids must be sealed,
and shall be opened in public in the presence of City Manager-
designated employees of the City. All bids will be received at the
City Manager's office on or before the date and time set forth in
the notice of proposal.
E. Preference to businesses with druq-free workplace
programs. The City hereby adopts by reference ~ 287.087, Fla. Stat.
(1990), as amended, regarding bidding preferences for businesses
with drug-free workplace programs. Whenever two or more bids which
are equal with respect to price, quality and service are received
by the City for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given a
preference, provided that the drug-free workplace program complies
with § 287.087, Fla. Stat., and any other applicable state law. An
announcement of this preference may be included in the bid
documents.
F. Requests for Proposal/Requests for Qualifications. The
Requests for Proposal/Requests for Qualifications process shall be
utilized for the awarding of contracts of $15,000.00 or more for
the professional services of attorneys, physicians, court
stenographers, real estate brokers and other professions licensed
and regulated by the state and. professional services governed by
Sec. 287.055, Fla. Stat., the Consultants Competitive Negotiation
Act. All such awards shall be made by a Resolution adopted by the
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majority of the City Council. The City Council 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.
G. Preference to Local Businesses for Formal Competitively
Bid Purchases. Businesses located in the City of Aventura who
reply to formal competitive sealed bid requests by the City shall
receive a preference bonus of 10% or 10 points during the
tabulation of the bid proposals. If a local preference is to be
employed as provided for by this section, the invitation for bid
documents shall clearly set forth such local preference
requirements.
Section 2. Replacement of County Code Provisions. Section
2-8.1, et seq. of the Code of Metropolitan Dade County is hereby
replaced by this Ordinance pursuant to City Charter Section 8.03.
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 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. Effective Date. This Ordinance shall be effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Rogers-
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Libert, who moved its adoption on first reading. The motion was
seconded by Councilmember Cohen, and upon being put to a vote, the
vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin no
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Perlow,
who moved its adoption on second reading. The motion was seconded
by Councilmember Cohen, and upon being put to a vote, the vote was
as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 4th day of June,
1996.
PASSED AND ADOPTED on second rg~ding ~is Ith day of June,
ARTH '~
AT~T.~,ST~ * ~
ACTING CITY CLERK'
APPROVED AS TO FORM AND /~
CITY ATTORNEY
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