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Home My Public Portal About2008-02 Amending Chapter 2 Administration creating Emergency PurchasesORDINANCE NO. 2008-2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE IV "FINANCE", DIVISION 2 "PURCHASING",CREATING SECTION 2-90 "EMERGENCY PURCHASES" TO PROVIDE FOR EMERGENCY PURCHASING AUTHORITY AND PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Manager has recommended amendments to the purchasing provisions and procedures of the Village Code to address the matter of necessary emergency purchases when time constraints do not permit the use of routine competitive purchasing procedures ; and WHEREAS, the Village Council finds that the proposed amendment of the purchasing requirements, as provided for herein, are in the best interest of the Village. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. Village Code Amended. That the Village Code of the Village of Key Biscayne is hereby amended by amending Chapter 2 "Administration," at Article IV "Finance", at Division 2 "Purchasing", by creating Section 2-90 "Emergency Purchases", to read as follows:1 Section 2-90. Emergency purchases. 01 In case of an emergency which requires the purchase of supplies. materials. 1/ Proposed additions to existing Village Code text are indicated by underline; proposed deletions from existing Village Code text are indicated by strikethrough. equipment. improvements or services under circumstances which the Village Manager finds do not enable the Village to comply with the purchasing limitations of this Division of the Village Code requiring the use of competitive bids or prior approval by the Village Councils unless otherwise prohibited by applicable law. the Village Manager shall be authorizedas herein set forth. at the best obtainable price. to purchase any supplies, materials. equipment. improvements or services for: (i) the Village's solid waste service enterprise or the Village's stormwater utility: or (ii) the furnishing of other Village services or the performance of other Village functions or responsibilities: or (iii) the maintenance and repair of Village buildings , facilities and equipment without complying with the competitive purchasing and the advance Council approval requirements of this Division of the Village Code which would otherwise apply in the absence of this Section. subject to compliance with each of the following: Lll Such purchasing action of the Village Manager shall be reported by the, Village Manager at the next regular meeting of the Village Council for the formal receipt of information on such purchasing transaction by the Village Council. with a full written report of the circumstances of the emergency being filed by the Village Manager with the Office of the Mayor within two (2) days of the purchasing action of the Village Manager. Further. in those situations where a capital project authorizing resolution is required by Village Charter Section 3.07 (b). Village Council ratification via adoption of the 2 necessary resolution shall be requested by the Village Manager at the Council meeting at which the purchasing transaction is reported: ai The amount of the purchase price for the specific transaction shall not exceed the sum of Twenty Five Thousand ($25.000) Dollars: ill That if the emergency may be timely addressed by utilizing requests for quotations from vendors in lieu of formal sealed competitive bids. an informal request for quotations from two (2) or more vendors shall be utilized by the Village Manager: L4a That the emergency purchase is found to be necessary by the Village Manager in order to prevent any of the following: a. the waste of Village funds: b. the loss of Village revenue: c. damage to Village property: d. disruption of Village services: e. disruption of the use of Village facilities or equipment f. the potential exposure of the Village to liability: potential harm to the public health or safety. Section 3. Severability. 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. 3 Section 4. Inclusion in Code. 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 Code of the Village of Key Biscayne; 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. That this Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 12th day of February, 2008. PASSED AND ADOPTED on second reading this 26th day of February , 2008. AT / a/(1/4" CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE AT • RNE F \100\ 103001\ Ordinances\PURCHASING LIMITATIONS 2-5-08 (2) doc 4 MAYOR ROBERT L. VERNON 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 O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a 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 - FEB. 26, 2008 ORDINANCE AMENDING CHAPTER 2 "ADMINISTRATION", ETC. in the XXXX Court, was published in said newspaper in the issues of 02/14/2008 Affiant further says that the 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 th. advertise r publication in the said newspaper Sworn to and subscribed before me this (SEAL) O.V. FERBEYRE personally known to me ,,•1 'r' '• MARIA 1 MESA • � . '*� MY COMMISSION # DD 750170 ,x= EXPIRES. March 4, 2012 'IOWr @ontled Thru Notary Public Underwriters •4,ia VILLAGE OF KEY BISCAYNE OF :E OF THE VILLAGE CLERK pu:LICNOVICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council ofte Village of Key Biscayne et a meeting to be held on Tuesday, Febftlary26, 2018 at T:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OFKEY- BISCAYNE FLORIDA, -AMENDING THE OBE OF ORDINAMCBSWIAMSNDOSICCHAPTER 2 2 'ADMIN1STRATI ; ARTICLE iv "FINANCE', "PURCHASNIG',t ►TING 2-90 Y PURCHASES" TO PROVIDE FOR EMERGENCY SING AUTIWNKTY AND PROCEDIMES;PROVIDING FOR SEVERABILITY; PROVE FOR INCLUSION IN THE CODE;AND PROS FOR AN EFFECW/E DATIL The proposed Ordinandemay be inspected by the public at the Office of the Village Clerk: Interested patties may"- ar at the Public Hearing and be heard with *Wier* 10 the p.hilieeilef Ordinance. Any person Wishing to addk-Ise the V w y Coundl-Oh an store at this Pt is Hearing is asked�to regiieter wither Clerkprbr to that item being heard. In accordance with the Ametidarts Wtih Disabilities Act 1990, all persons who are disabled 'and wild n*0'0eo1af od participate In this~ proceeding t _ `d'�at disabNity should contact the Office of- `Vf�ge Cler1 c, .88 McIntyre Street, Suffe 220, Key Biscayne, Florida- 33149, telephone number (305) 365"5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings Is made including an testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submitted In wrNngand or presented tn person at the public hearing. 2/14 Conchlta H. Alvarez, CMC Village Clerk 08-4-22/966121M