HomeMy Public PortalAbout2020-02 Amending Chapter 2, Administration, Article IV Finance, Division 2, Purchasing of the Village Code of Ordinances by updaORDINANCE NO. 2O2O-2
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,FLORIDA, AMENDING CHAPTER 2,
"ADMINISTRATION", ARTICLE IV, ,.FINANCE',
DIVISION 2, *PURCHASING'oF THE VILLAGE coDE oFORDINANCES BY UPDATING THE VILLAGE,S
PROCUREMENT pROVISTONS; PROVIDING FOR
SEVERABILITY; PROVTDING FOR CODTFTCATTON;
PROVIDING FOR CONFLICTS; AND PROVIDTNG FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne ("Village") Council finds it periodically
necessary to amend its Code of Ordinances ("Code") in order to update regulations andprocedures
to implement rnunicipal goals and objectives; and
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance thereof; and
WHEREAS, the Village Council finds that updating the Village's procurement provisionswill allow the Village to improve efficiencies; and
WHEREAS, the Village Council finds that this Ordinance is in the best interests of the
Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COI,]NCIL OF THEVILLAGE OF KEV BISCAYNE, FLORIDA, AS FOLLOWS:r
Section l. Recitals. The above-stated recitals are hue and correct and are incorporated
herein by this reference.
$ection 2. Alnepdine Chapter 2 of the Villaee Code. That the Code of Key Biscayne,
!t9ri{a is hereby amended by amending Chapter Z, *eAministration," Article IV, ..Finance,';
Division 2, "Purchasing," which shall read as follows:
chapter 2 * ADMINISTRATION
,Frl.*
ARTICLE IV. _ FINANCE
**!r
DIVISION 2. _ PURCHASING
Sec. 2-81. - Purchasing Agent.
t Coding: Striketh+eugFwerds are deletions to the exisring rvorcls. Undcrlined wonls are addirions to rhe existing words. Changesbctrveenfirstandsecondreadingareindicatedwithhighlighad4@anddoublqJuu|erline
The Village Manager or his designee shall be the chief Purchasing Agent of the Village. The
Purchasing Agent shall contract for, purchase, store and distribute all supplies, services. materials
and equipment required by any office, department or agency of the Village. The Purchasing Agent
shall establish and enforce specifications, inspect or supervise the inspection of all deliveries, and
have full and complete charge of, and be responsible for, all supplies, services. materials and
equipment purchased for or belonging to the Village.
Sec. 2-82. - Purchasing limitations; competitive bidding.
(a) Purchases less lhan $2,A44#WM. Purchases of or contracts for materials, supplies,
equipment, irnprovements or services for which funds are provided in the budget, where the
total amount to be expended is not in excess of $3#0&09100Q00, rnay be made or entered
into by the Village Manager without subminal to the Council and without competitive bidding.
Single purchases or contracts in excess of $3S00*01!@@ shall not be broken down to
amounts less than $a#gggg5.Q00J0 to avoid the requirements of this section.
(b) Purchases mrtre than $e#Ag3*JW but less than $
Purchases of or contracts for materials, supplies, equipment, improvements or services for
which funds are provided in the budget, where the total amount to be expended is in excess of
$a#09'0Q5,00O@, but which does not exceed $ , ffi&y be made
or entered into by the Village Manager without submittal to the Council, but shall require t[g
$[ittF4 concttrrence bv
orovisions of this section have been comnlied with. ing
tre Vittage tvtanage
from at least three persons engaged in the business of furniihing zuch materials. supplies.
equioment and oublic irnprovements or rendering such services. Single purchases or contractsinexcessof$shallnotbebrokendowntoamountslessthan
$ to arroil the requirements of this section.
(c)Purchasesinexcessof$TheCouncilslrallapproveall
purchases of or contracts for materials, supplies, equipment, public improvements or services
wherethetotalamounttobeexpendedismorethan$
Purchases in excess of $3&900S050-000.00 ihall be made in compliance with iG competitive
bidding requirements set forth in section 2-83.
(d) Budget limilatians. The Village Manager rnay not purchase or contract for any item or
service which exceeds any budget appropriation until such time as the Council amends the
budget to increase the appropriation to the applicable level.
Section 3. Sevbrabilitv. That the Or*,rr*, of this Ordinance are declared to be
severable and if any section, sentence, clause orphrase of this Ordinance shall forany reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the rernaining
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 Village Council and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the Village's
Page 2 of3
Code of Ordinances, and 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. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall become effective immediately
upon final adoption on second reading.
PASSED on first reading on the l ltr'day of February,2020.
PASSED AND ADOPTED on second reading 9th day of March ,2020.
h/
MICHAEL W.
MAYOR
VEY
A
NCHITA H. ALVAREZ, MMC
INTERIM VILLAGE CLERK
APPROVED AS TO FORM AND LEGALITY:
**^u*'
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 3 of3
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daity
Business Review f/Ua Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
VILLAGE OF KEY BISCAYNE - ORDINANCE. MAR. 9, 2O2O
in the XXXX Court,
was published in said newspaper in the issues of
02128t2020
Affiant further says that lhe said Miami Daily Business
Review is a newspaper published at Miami, in said Miami-Dade
County, Florida and that the said newspaper has heretofore
been continuously published in said Miami-Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
newspaper
before me this
28 FEB A.D.
GUILLERMO GARCIA personally known to me
VILLAGE OF KEY BISGAY]IE
OFFICE OF THE VILLAGE CLERK
PUBLIC IIOTTGE
Notice is herbby given that the following ordinance will .be considered on
Second Reading 6y the Village Council of the Village of Key Biscayne at a
..Liing to oe h-eld'on tuesOay, March 9, 2020 at 6:00 p'm', in the Council
Cnamnir, located at 560 Crandon Boulevard, Key Biscayne, Florida:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORI.D]\,
nurNotNc cHAPTER 2,.'ADMlNlsrBATlON", ARTICLE lV, UFINANCEU'
DIVISION 2, "PURCHASING' OF THE VILIAGE CODE OF ORDINANCES
af up-DrriNo THE vlLLAcE's PRocUREMENT PRovlsloNS; PRovlDlNG
FoC srvimeLrY; PBovtDlNG FoR coDlFlcATloN; PRovlDlNG
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE'
The proposed Ordinance mdy.be inspected by the.pub]ic.3t the Office of
tne Village Clerk. lnterested parties may appear at the Public Hearing and
be heard with respect to the proposed Ordinances. Any person wishing to
address the Village Council on any item at this Public Hearing is asked to
register with the Village Clerk prior to that item being heard'
ln accordance with the Americans With Disabilities Act of 1990, all persons
who are disabled and rirho need special accommodations to participate in
this proceeding because of that disability shouh contact-the Office of the
Vittaie Ctert<, 68 West Mclntyre Street' Suite 220, Key Biscayne, Florida
3314-9, telephone number (3OS) 365-5506, not tater than two business days
prior to such proceeding.
Should aly person desire to appeal any decision of the.Village Council
with respeit to any mattef to be considered at this meeting, that person
shall insure that a verbatim record of the proceedings is made including all
i;;il;il;J;id.nce ufon which anv appeal mav be based (F'S' 286'0105)'
Comments of any interested party relative to this matter may be submitted
in writing and or presented in person at the public hearing'
Jennifer Medina, CMC
Village Clerk
2t28 20-106/0000459726M
--'*it',.ik,ffi BARBARATHOMAS
Comnrission # GG '121171
Exoires November 2, 2021
Bonded Thru Troy Fain lnsurence 600'38si019