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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 2 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 3 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 4 '7416131. -- 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