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ORDINANCE NO. ~ ,c~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
REPEALING SECTION 64 AND 64.1 OF ARTICLE IV OF THE
MUNICIPAL CHARTER; REPEALING ARTICLE IV, CHARTER 2
OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH,
FLORIDA, AND CREATING A NEW ARTICLE IV OF CHAPTER 2
OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH,
FLORIDA, ENTITLED "PURCHASING AND CONSULTANTS";
PROVIDING FOR AUTHORITY TO CODIFY, SAVINGS CLAUSE,
REPEALING PROVISIONS, AN EFFECTIVE DATE, AND FOR
OTHER PURPOSES.
WHEREAS, Section 64 and 64.1 of Article IV of the
Municipal Charter set forth the City's purchasing procedures
and practices; and
WHEREAS, Article IV, Chapter 2 of the Code of Ordinances,
City of Boynton Beach, Florida ("City Code" hereinafter), set
forth the City's existing practice concerning Consultant
Contracts procurement; and
WHEREAS, Chapter 166 Florida Statutes, the Home Rule
Powers Act authorizes the City to amend, modify, or repeal the
above-mentioned Charter provision as an Ordinance of the city;
and
WHEREAS, the City desires to repeal the Section 64 and
64.1 of the Municipal Charter and repeal Article IV, Chapter 2
of the City Code and create a new Article IV, Chapter 2 of the
City Code entitled "Purchasing and Consultants";
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That Section 64 and 64.1 of Article IV of the
Municipal Charter of the City of Boynton Beach, Florida, be
and is hereby deleted in its entirety.
Section 2. That Article IV, Chapter 2 of the Code of
Ordinances, Boynton Beach, Florida, be and is hereby deleted
in its entirety including all subsections therein.
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Section 3.
That a new Article IV,
Boynton Beach, Florida,
of Ordinances,
Consultants," be and is hereby created to read as
CHAPTER 2
ADMINISTRATION
Chapter 2 of the Code
entitled "Purchasing
follows:
ARTICLE IV PURCHASING AND CONSULTANTS
Sec. 2-56 Purchasing agent, selection, duties;
competitive bidding.
The city Council shall appoint an officer or
employee of the City, other than a member of the City
Council, as purchasing agent for the City who shall be
responsible for the purchase, storage, and distribution
of all supplies, materials, equipment and other articles
used by an office, department or agency of the municipal
government. All purchases or sales of City property
shall be subject to the approval of the City Council, and
shall conform to such regulations as the City Council may
from time to time prescribe. Except as provided in
Section 2-56.1 all purchases or sales involving amounts
in excess of $1,000.00 shall be made only after the
publishing of an advertisement of bids thereon in a
newspaper of general circulation in the City at least one
time, not less than eight (8) days prior to the date set
for the reception of such bids,, together with such other
notice as the Council may direct. The City Council shall
have the power to reject any and all bids submitted and
received, and to waive any informalities in connection
with such bidding. With regard to the sale of any real
estate owned by the city, regardless of the estimated
value thereof, no such sale shall be conducted or
consummated until such time as subject property has been
appraised by a disinterested qualified appraiser to be
designated by the City Council for the purpose of
establishing a fair market value thereon. After such
appraisal shall have been completed and a fair market
value placed on subject property, the sale of same shall
be advertised in accordance with the above procedure and
competitive bids thereon received with the established
fair market value being the minimum bid acceptable by the
~o~t~-i~r~-i~~io~-~i~k-~e-e~mpe~e-~i~
Sec. 2-56.1 Same - Exceptions.
(a)
The purchase or sale of any real property by the
City from or to another governmental agency shall
conform to such regulations as the City Council may
from time to time prescribe, but such purchase or
sale shall be excepted and exempt from the
provisions of Section 2-56 hereof.
(b)
On any purchase of personal property involving
amounts in excess of $1,000.00 and less than
$5,000.00 the City Manager shall obtain three (3)
written quotes in connection with each requisition.
The written quotes shall be kept on file with the
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purchase order. Furthermore, the City Manager is
authorized to execute a purchase order or contract
on behalf of the City for such purchases.
(c)
On the purchase of personal property if the city
Manager shall maintain that an emergency exists in
regard to the purchase of any commodity so that the
delay incident to giving opportunity for competitive
bidding would be detrimental to the interest of the
City, then the City Manager shall file with the City
Clerk a statement under oath certifying the
conditions and circumstances.
(d)
Commodities available only from a single source may
be excepted from bid requirements upon the filing by
the purchasing agent of a certificate of conditions
and circumstances, said certificate is to be filed
with the City Council and the City Council shall
review said certificate and may authorize such
purchase by motion.
('e)
On any purchase of personal property where the funds
for the price of the entire purchase are being
supplied by another governmental agency and no funds
of the City are being used towards the purchase
price, the City Manager at his discretion may elect
to follow the competitive bidding requirements of
the governmental agency which is supplying the funds
for the purchase. Upon invoking this section, the
City Manager shall file a letter with the City Clerk
indicating that he has done so.
(f)
The purchasing agent may award a contract by
accessing purchasing items from the federal General
Services Administration Contract, the State of
Florida purchasing Contract, or other purchasing
contracts of any departments or subdivisions of the
State of Florida without the competitive bidding
process required by this ordinance; provided that
the item and associated price is the same as
specified in the assessed contract.
Sec. 2-57 Consultants; Incorporation of Florida
Statutes Section 287.055.
There is hereby incorporated by reference and made a
part hereof the "Consultants' Competitive Negotiation
Act," being Florida Statutes Section 287.055 as amended
from time to time.
Sec. 2-58
Intent; jurisdiction.
It is hereby declared to be the legislative intent
of the city commission that the city and all of its
constituent commissions, boards, authorities and the
like, with purchasing or procurement authority, comply to
the fullest extent with the spirit and mandates of the
Consultants' Competitive Negotiation act, Florida
Statutes Section 287.055 and the provisions hereof.
The city administration shall have jurisdiction to
perform the functions set forth for the city and all its
constituent commissions, boards, authorities and the like
whether they were established or brought into existence
by ordinance, resolution, or motion of the city
commission.
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Sec. 2-59
City to adopt rules of procedure.
The city administration is hereby directed to adopt
a rule or rules of procedure for the determination of a
project under the Consultants' Competitive Negotiation
act and this article. These procedures may include:
(a)
Determination of a project which constitutes a
grouping of minor construction, rehabilitation, or
renovation activities.
(b)
Determination of a project which constitutes a
grouping of substantially similar construction,
rehabilitation, or renovation activities.
(c)
The above rules of procedure and any amendments or
deletions therefrom shall be submitted to the city
commission for approval, which approval may be made
by motion.
Sec. 2-60 Commissions, boards, etc., independent of
city commission to follow article.
As to any city commissions, boards, authorities and
the like which have purchasing authority independent of
the city commission, the purchases of such bodies which
are subject to the Consultants' Competitive Negotiation
Act shall be processed in accordance herewith; however,
the commission, board, authority, or the like will itself
perform the functions set forth herein that are otherwise
applicable to the city commission.
Sec. 2-61--2.71. Reserved.
Section 4. Authority to Codify: Specific authority is
hereby granted to codify and incorporate this Ordinance in the
City's existing Code.
Section 5. Separability: Each of the provisions of this
Ordinance are separable, including word, clause, phrase or
sentence, and if any portion thereof shall be declared
invalid, the remaining portion shall not be affected but shall
remain in full force and effect.
Section 6. Repealinq Provision: All ordinances or parts
of ordinances in conflict herewith are hereby repealed.
Section 7. An Effective Date: This Ordinance shall
become effective in the manner and at the time provided by
law.
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First reading this
Second, final
ATTEST:
YMT:aw
10/24/90
10/25/90
~BBORD~
ORD1.DOC
7~day of ~/~-//~/~ , 1990.
reading and passage this ~ ~ day
, 1990.
of
CITY~N BEACH, FLORIDA
B ~
Councilman
/ C6unc~lman
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