HomeMy Public PortalAbout1992-15 Establishing purchasing proceduresORDINANCE NO.92-15
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ESTABLISHING PURCHASING PROCEDURES;
DESIGNATING A PURCHASING AGENT; PROVIDING FOR
LIMITATIONS ON PURCHASES; PROVIDING FOR
COMPETITIVE BIDDING; ESTABLISHING COMPETITIVE
BIDDING AND BID OPENING PROCEDURES; PROVIDING
FOR AWARDING OF BIDS; PROVIDING FOR WAIVER OF
COMPETITIVE BIDDING; PROVIDING FOR EXEMPTIONS
FROM COMPETITIVE BIDDING; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, the Board of Trustees has determined that purchasing
guidelines and procedures are essential elements in the
administration of the Village's day to day activities; and
WHEREAS, the Village's Charter requires that contracts for
public improvements and purchases of supplies, materials, or
services shall be awarded or made on the basis of specifications
and competitive bids, except in cases where the Board of Trustees
specifically determines that it is impractical to do so; and
WHEREAS, the Board hereby determines that it is impractical to
purchase, through competitive bidding, materials, supplies,
equipment, improvements or services for which funds are provided in
the budget and for which the total amount to be expended is $2,500
or less.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Code of the Village of Key Biscayne is
hereby amended by adding a new Chapter which shall read as follows:
CHAPTER
PURCHASING PROCEDURES
Sec. 1. Purchasing Agent.
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, 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, materials, and equipment purchased for or
belonging to the Village.
Sec. 2. Purchasing Limitations; Competitive Bidding.
(A) Purchases less than $2,500. 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 not
in excess of $2,500 may be made or entered into by the
Village Manager without submittal to the Board of
Trustees and without competitive bidding. Single
purchases or contracts in excess of $2,500 shall not be
broken down to amounts less than $2,500 to avoid the
requirements of this section.
(B) Purchases more than $2,500 but less than $10,000.
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 $2,500, but which do not exceed
$10,000 may be made or entered into by the Village
Manager without submittal to the Board of Trustees, but
shall require compliance with the competitive bidding
requirements set forth in Section 3 of this Ordinance.
Single purchases or contracts in excess of $10,000 shall
not be broken down to amounts less than $10,000 to avoid
the requirements of this section.
(C) Purchases in excess of $10,000. The Board of
Trustees shall approve all purchases of or contracts for
materials, supplies, equipment, public improvements or
services where the total amount to be expended is more
than $10,000.
(D) The Village Manager may not purchase or contract for
any item or service which exceeds any budget
appropriation until such a time the Board of Trustees
amends the budget to increase the appropriation to the
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applicable level.
Sec. 3. Competitive Bidding Procedure.
(A) Whenever competitive bidding is required by this
Ordinance, the Village manager shall direct that bid
proposals which provide specifications for the purchase
or contract be prepared.
(B) The Village Manager shall solicit sealed bids from
at least three persons or entities engaged in the
business of furnishing such materials, supplies,
equipment and public improvements or rendering such
services.
(C) The Village Manager may publish a public invitation
to bid.
(D) Bids shall be awarded to the lowest, most
responsive, responsible bidder, as determined by the
Board of Trustees and/or the Village Manager as the case
may be, subject to the right of the Village to reject any
and all bids, to waive any irregularity in the bids or
bidding procedures and subject also to the right of the
Village, to award bids and contracts to bidders other
than the low bidder.
Sec. 4. Bid Opening Procedure; Awarding of Bids.
(A) Sealed bids shall be opened by the Village Manager
or his appointed representative and recorded by the
Village Manager or his representative on the date and
time specified in the bid proposal.
(B) Whenever required by the bid proposal, all bid
bonds, cash, insurance, checks or other security
accompanying the bid shall be received and maintained for
safekeeping by the Village Manager. The Village Manager
shall be responsible for the return of the bid bonds,
cash, insurance, checks or other security of unsuccessful
bidders.
(C) Upon completion of the bid opening and reading, all
bids received will be deposited with the Village Manager
for tabulation and entire award or recommendation to the
Board of Trustees.
(D) Upon submission of the bid tabulation and
recommendation to the Village Manager or Board of
Trustees, as the case may be, the Village Manager or the
Board of Trustees shall either accept, reject or refer
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for additional review the bid tabulation and
recommendation.
Sec. 5. Waiver of Competitive Bidding Procedures.
The Board of Trustees may, by majority vote, waive the
competitive bidding procedures outlined in this ordinance
if the Board of Trustees determines that it is
impractical to do so.
Sec. 6. Governmental Contracts.
The Village Manager is hereby authorized to enter into
bids or contracts entered into by another governmental
authorities provided that the governmental authority has
gone through a competitive bidding procedure leading to
the award of the bid or contract in question which, in
the opinion of the Village Manager after consulting with
the Village Attorney, is substantially similar to the
competitive bidding procedure outlined in this Ordinance.
Sec. 7. Exemptions From Competitive Bidding.
The following shall be exempt from the competitive
bidding procedures outlined in this ordinance:
(A) Transactions described in Section 2(A) of this
Ordinance.
(B) Contracts for professional services.
(C) Other contracts as provided by state law.
Section 2. REPEAL OF CONFLICTING PROVISIONS. All provisions
of the Code of Metropolitan Dade County as made applicable to the
Village by Article VIII, Section 8.03 of the Village Charter which
are in conflict with this Ordinance are hereby repealed.
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
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legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 4. INCLUSION IN THE CODE. It is the intention of the
Board of Trustees, and it is hereby ordained that the provisions of
this Ordinance shall become and made a part of the Village of Key
Biscayne Code; 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
upon adoption on second reading. ,
a
PASSED AND ADOPTED on first reading this tf day of
1992.
PASSED AND ADOPTED on second reading this i4 3 - day of
, 1992.
RAFAEL H. CONTE, MAYOR
ATTE
T:
VILLAGE CLERK
APPRO ED AS TO FORM AND LEGAL SUFFICIENCY:
letai1/2.4.4
RICHARD JAY EI•., VILLAGE ATTORNEY
5
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
in the matter of
VILLAGE OF KEY BISCAYNE
Meeting - June 23, 1992
RE: AN ORDINANCE OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, ESTABLISHING
PURCHASING PROCEDURES, etc.
X X X
in the
was published in said newspaper in the issues of
Court,
June 12, 1992
Affient further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said 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
Dade Co y, Florida, for a period of one year next preceding
the firs • u lication of the attached copy of advertisement; and
affiant rt er says that she has neither paid nor promised any
perso fi or corporation any discount, rebate, commission
or ref • for the pur•ose of securing this advertisement for
public : • n in the sal • newspaper.
(SEAL)
Sookie Wi
Sworn to and subscribed before me this
TARY SEA
ti LA.D. , 92
.OR1DA
COMMISSION NO. . 1'72188
MY COMMISSIDN_ %r . IAN. t ,
personally known to me.
VILLAGE OF KEY BISCAYNE PLORIDA
PUBLIC MOTICt
Notice is hereby given that the following ordinances will be
considered on Second Reading by the Key Biscayne Board of
Trustees at a meeting to be held on Tuesday, June 23, 1992, com-
mencing at 7:00 p.m. at the Kerr Biscayne Ehementary School, 150
West McIntyre Street, Key Biscayne, Florida.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ESTABLISHING PURCHASING PROCEDURES;
DESIGNATING A PURCHASING AGENT; PROVIDING FOR
LIMITATIONS ON PURCHASES; PROVIDING FOR COMPET-
ITIVE BIDDING; ESTABLISHING COMPETITIVE `,MIMING
AND BIDOPENING PROCEDURES; PROVIDING FOR
AWARDING OF BIDS; PROVIDING FOR WAIVER OF COM-
PETITIVE BIDDING; PROVIDING FOR EXEMPTIONS FROM
COMPETITIVE BIDDING; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR SEVFERABIL-
ITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ESTABLISHING A CODE. ENFORCEMENT
PROCEDURE; PROVIDING DEFINITIONS; PROVIDING FOR
CIVIL OFFENSES ANb PENALTIES; PROVIDING FOR
QUALIFICATIONS, "APPOINTMENT, MOVALAND COM-
PENSATION OF SPECIAL MASTERS,-" SETTING FORTH
THE POWERS OF SPECIAL MASTERS; PROVIDING FOR
AUTHORITY TO INITIATE ENFORCEMENT PRO E'DtNC43;
PROVIDING ENFORCEMENT PROCEDURES; DESCRIBING
THE CONTENTS AND METHOD OF SERVICE OF
WARNINGS AND CIVIL VIOLATION NOTICES; SETTING
FORTH THE RIGHTS OF VIOLATORS; PROVIDING FOR
PAYMENT OF FINES; PROVIDING FOR THE SCHEDULING
AND CONDUCT OF HEARINGS BEFORE SPECIAL
MASTERS; PROVIDING REMEDIES TO RECOVER UNPAID
CIVIL PENALTIES; PROVIDING FOR APPEALS OF ORDERS
OF SPECIAL MASTERS; PROVIDING FOR ADDITIONAL
ENFORCEMENT POWERS; ESTABLISHING A SCHEDULE
OF CIVIL PENALTIES; PROVIDING FOR R AL OF
CONFLICTING PROVISIONS; PROVIDING FORSEVERABIL-
ITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
Interested parties are invited to appear and be heard. Copies of
the ordinances may be seen at the Key Biscayne Village Clerk's
Office at 85 W. McIntyre St., Key Biscayne.
Any person wishing to appeal any decision made by this Board
with respect to any matter considered at this meeting will need a
record of the proceeding, and for such purpose% may need to
ensure that a verbatim record -of the proceedings is made, which
record includes the testimony and evidence upon which the appeal
is made.
6/12 92.4-061246M