21-013 1 ORDINANCE NO.21-013
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING CHAPTER 2, SECTION 2-56
5 "PURCHASING AGENT, SELECTION, DUTIES;
6 COMPETITIVE BIDDING"; AMENDING CHAPTER 2,
7 SECTION 2-56.1 "EXCEPTIONS TO COMPETITIVE
8 BIDDING" TO AMEND PURCHASING THRESHOLD
9 LANGUAGE; PROVIDING FOR REPEAL OF LAWS IN
10 CONFLICT, SEVERABILITY, CODIFICATION AND AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the City Commission approved changes to the City's procurement
14 thresholds via Resolution R19-171 increasing the procurement thresholds; and
15 WHEREAS, the proposed changes will provide staff the necessary tools to continue
16 processing purchase orders and bids in the most efficient and effective manner.
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH,FLORIDA THAT:
19 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
20 as being true and correct, and are hereby incorporated herein and made a part hereof.
21 Section 2. Chapter 2, Section 2-56 "Purchasing agent, selection, duties; competitive
22 bidding"of the City's Code of Ordinances is hereby amended to read as follows:
23 Sec. 2-56. Purchasing agent,selection,duties; competitive bidding.
24 (a) The city commission shall appoint an officer or employee of the city, other than a
25 member of the city commission, as purchasing agent for the city who shall be responsible for
26 the purchase of all supplies,materials,equipment and other articles used by the municipal
27 government. All purchases or sales of city property shall be subject to the approval of the city
28 commission and shall conform to such regulations as the city commission may from time to
29 time prescribe.
30 (b) Personal property, commodities and services. Except as provided in section 2-56.1 all
31 purchases or sales of personal property,commodities and services involving amounts
32 referenced in the City's Purchasing Policy .- - -- • . • -• - . . :,--
33 (-$2-57004100), or construction involving amounts referenced in the City's Purchasing Policy ef
34 •- - - . . . ;, ,! ! !.! ! , shall be made only after the publishing of an
35 advertisement of bids thereon in a newspaper of general circulation in the city at least one(1)
S:\CA\Ordinances\Purchasing thresholds Chapter 2-Ordinance.docx
1 time, not less than ten(10)days prior to the date set for the reception of such bids,together
2 with such other notice as the commission may direct. The city commission shall have the
3 power to reject any and all bids submitted and received,and to waive any informalities in
4 connection with such bidding.
5 (c) Real property. Real property may be sold in the manner recommended by the City
6 Manager and determined by the City Commission to be in the best interest of the city. With
7 regard to the sale of any real estate owned by the city which has an appraised value exceeding
8 $100,000.00 as determined by the most recent valuation of the Palm Beach County Property
9 Appraiser,no such sale shall be conducted or consummated until such time as subject
to property has been appraised by a disinterested qualified appraiser to be designated by the city
11 commission for the purpose of establishing a fair market value thereon. The sale of real
12 property for less than the fair market value shall require the approval by a vote of four-fifths
13 (4/5)of the City Commission.
14 (d) The foregoing provision for sale of real property do not apply to real property located
15 within the city's community redevelopment area if the property was acquired by the city for
16 the purposes of community redevelopment or if the sale of the property will facilitate
17 redevelopment consistent with the CRA plan; or if the sale of the property will facilitate
18 restoration of a property which the City Commission deems to be historic,even in those cases
19 where historic designation by the State of Florida, Palm Beach County, or pursuant to a
20 federal historic designation program has not occurred or is pending.
21
22 Section 3. Chapter 2, Section 2-56.1 "Exceptions to competitive bidding" of the City's
23 Code of Ordinances is hereby amended to read as follows:
24 Sec.2-56.1 Exceptions to competitive bidding.
25 (a) The purchase or sale of any real property by the city from or to another governmental
26 agency shall conform to such regulations as the city commission may from time to time
27 prescribe,but such purchase or sale shall be excepted and exempt from the provisions of
28 section 2.56 hereof.
29 (b) The City Manager shall establish procurement policies mon any purchase of personal
30 property,commodities,ec-services or construction. •- - . . - -
31 . . :, ! ! ! ! ! - - - _ „ ! !! !! - - .
32 The procurement policies shall provide for obtaining
33 sufficient pricing and product quotations to ensure that the goods, services, or construction
34 being procured is the highest quality at the most reasonable cost. Such procedure shall require
35 the preparation and maintenance of written records which adequately document the quotations
36 obtained,property account for the funds expended,and facilitate an audit of the purchase
37 made. Furthermore,the city manager, or in the city manager's absence,the acting city
38 manager is authorized to execute a purchase order on behalf of the city for such purchases
39 in amounts referenced in the City's Purchasing Policy, bid threshold for
40 personal property, commodities and services, or$75,000.00,for construction in amounts
41 referenced in the City's Purchasing Policy. The City Manager shall file a written report with
42 the Commission at the second Commission meeting of each month listing the purchase orders
43 approved by the City Manager or Acting City Manager.
S:\CA\Ordinances\Purchasing thresholds Chapter 2-Ordinance.docx
1 (c) On the purchase of personal property if the city manager shall maintain that an
2 emergency exists in regard to the purchase of any commodity so that the delay incident to
3 giving opportunity for competitive bidding would be detrimental to the interest of the city,
4 then the city manager shall file a statement certifying the conditions and circumstances. The
5 written statement shall be kept with the purchase order. This emergency purchase will be
6 presented to the City Commission at the earliest meeting if it exceeds the threshold for
7 purchases.
8 (d) Commodities available only from a single source may be excepted from bid
9 requirements.A letter is required from the vendor and the single source purchase will be
10 made from the vendor at the discretion of the purchasing agent.
11 (e) On any purchase of personal property where the funds for the price of the entire
12 purchase are being supplied by another governmental agency and no funds of the city are
13 being used towards the purchase price,the purchasing agent may elect to follow the
14 competitive bidding requirements of the governmental agency which is supplying the funds
15 for the purchase.
16 (f) The purchasing agent may award a contract by accessing purchasing items from the
17 Federal General Services Administration Contract,the State of Florida State Contracts,
18 SNAPS,RESPECT, PRIDE or other purchasing contracts of any departments or subdivisions
19 of the State of Florida; or"piggy-back"of the government or national alliance bids without
20 the competitive bidding process required by this article. If budget allocation is approved by
21 Commission, as part of the budget adoption for the fiscal year,all items purchased in relation
22 to paragraph(f)will not require further Commission action unless a formal contract is
23 involved.
24
25
26 Section 3. All Ordinances or parts of Ordinances,Resolutions or parts of Resolutions
27 in conflict herewith be and the same are hereby repealed to the extent of such conflict.
28 Section 4. If any clause,section,or other part or application of this Ordinance shall be
29 held by any court of competent jurisdiction to be unconstitutional or invalid,such unconstitutional
30 or invalid part or application shall be considered as eliminated and so not affecting the validity of
31 the remaining portions or applications remaining in full force and effect.
32 Section 5. Authority is hereby given to codify this Ordinance.
33 Section 6. This Ordinance shall become effective on passage.
34 FIRST READING this 6th day of April, 2021.
35
36 SECOND,FINAL READING AND PASSAGE this DOday ofa_i 2021.
37
S:\CA\Ordinances\Purchasing thresholds Chapter 2-Ordinance.docx
1 CITY OF BOYNTON BEACH,FLORIDA
2
3 YES NO
4
5 Mayor—Steven B. Grant
6
7 Vice-Mayor—Ty Penserga
8
9 Commissioner—Justin Katz
10
11 Commissioner—Woodrow L. Hay
12
13 Commissioner—Christina L. Romelus
14
15 VOTE 5`0
16 ATTEST:
17
18
19 I///Ar/fA
20 Tammy Stanzi. e
21 Deputy City erk
22
23
24 (Corporate Seal)
•
S:\CA\Ordinances\Purchasing thresholds Chapter 2-Ordinance.docx
1 RESOLUTION NO. R19-171
2 A RESOLUTION OF THE CITY OF BOYNTON
3 BEACH, FLORIDA, ESTABLISHING
4 PROCUREMENT THRESHOLDS FOR THE CITY
5 MANAGER AND THE CITY COMMISSION ANI)
6 MINIMUM STANDARDS FOR ALL CITY
7 PROCUREMENT RELATED CONTRACTS; ANI)
8 PROVIDING FOR AN EFFECTIVE DATE.
9
10 WHEREAS, the City Administration under the authority of the City Manager has
11 implemented rules and procedures regarding procurement of commodities and services needed
12 by the City to perform its public services; and
13 WHEREAS, the City Commission has reserved to itself the authority to establish
14 monetary limits on the City Manager's authority to enter into contracts for purchases and
15 services.
16
17 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
20 being true and correct and are hereby made a specific part of this Resolution upon adoption.
21 Section 2. The following establishes the monetary thresholds for all procurement
22 matters:
23 Processing Requirements and Approval Levels. Requirements for approvals of all
24 construction and non-construction purchases follows:
25
Personal Property, Commodities, and Services (Non-Construction) - Bid Threshold $35,000
Total Requisition Process Approval Level Purchase Type
Purchase Amount Total Purchase
Less than $2,000 One quotation Department Head* Requisition/P.O.
$2,000 to $4,999 Three Written Quotes Department Head* Requisition/P.O.
$5,000 to $34,999 Three Written Quotes City Manager* Requisition/P.O
$35,000 & over Formal Bid City Commission Requisition/Contract
Construction Projects - Bid Threshold $100,000
S:\CA\RESO\Procurement Policy Thresholds-Reso.Docx
Total Requisition Process Approval Level Purchase Type
Purchase Amount Total Purchase
Less than $ 2,000 One Quotation Department Director* Requisition/P.O.
$2,000 to $4,999 Three Written Quotes Department Director* Requisition/P.O.
$5,000 to $99,999 Three Written Quotes City Manager* Requisition/P.O
$100,000 or above Formal Bid Process City Commission Requisition/Contract
26 *Or Designee
27
28 Section 3. All contracts and purchase orders shall be subject to (1) the laws of the
29 State of Florida, and (2) venue in Palm Beach County, Florida, and (3) Florida Public Records
30 law, and (4) Florida's Scrutinized Company law.
31 A person. vendor, contractor or company who does not acknowledge agreement to the
32 four foregoing requirements is not a "responsible bidder or offerer" as that term is used in the
33 City's Procurement Policies.
34 Section 4. That this Resolution shall become effective immediately.
35 PASSED AND ADOPTED this 17 day of December, 2019.
36 CITY OF BOYNTON BEACH, FLORIDA
37 YES NO
38 Mayor— Steven B. Grant ✓
39
40 Vice Mayor—Justin Katz ✓
41
42 Commissioner— Mack McCray
43
44 Commissioner—Christina L. Romelus ✓
45
46 Commissioner— Ty Penserga
47
48 VOTE 5-0
49 ATTEST:
50 _
51V _It!/ ‘
,Crystal Gibso MMC
City Clerk
54
55 (Corporate Seal)
2
S\CA\RESO\Procurement Policy Thresholds-Reso.Docx