HomeMy WebLinkAboutOrdinance 13, 2022CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: December 14, 2022
Ordinance 13, 2022
SubjectlAgenda Item: Public Hearing and Second and Final Reading — Amending
Chapter 2. Administration by repealing Section 2-294. — Bidding threshold., and
readopting same, as revised, in order to amend certain purchasing limits and remove
certain reference to state law.
Recommendation to APPROVE
Recommendation to DENY
Reviewed by:
Originating Dept.:
Costs: NIA
Council Action:
City Attorney
(Total)
[ ]Approved
Mmax
urrent FY: NIA
[ ] Approved wl
Conditions
ri, q.
R. Max L n, sq.
] ] Denied
Finan Ad nis rator
[ ]Continued to:
Advertised:
Funding Source:
Allan Owens
Date: October 19, 2022
[ ] Operating
Attachments:
Deputy City Manager
Paper: Palm Beach
[ ] Other
Ordinance 13, 2022
Post
Stephen 15fepp
[ ] Not Required
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Purchasing &
Contract/Agreement:
Contra Director
Ws.
Effective Date: NIA
Km! Ra
Expiration Date: NIA
Submitted by:
i r
Max an, Esq.
(R.
7
Affected parties:
[ ] Notified
Budget Acct.#: NIA
Approved by:
City alter
r
required
( j
Ron d M. erris
Meeting Date: December 14, 2022
Ordinance 13, 2022
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BACKGROUND: The City Council of the City of Palm Beach Gardens, Florida, has
determined that due to changes in the economy that have precipitated an inflation rate
that exceeds a 40-year high, along with significant damage to the supply chain and other
inflationary impacts, a need exists to revise the bidding threshold regulations set forth in
the City Code of Ordinances.
The City Council has determined that revisions to the City Manager's acquisition approval
authority will allow the City to acquire goods and services more expeditiously and
economically.
Pursuant to the City Charter, the City Manager may execute contracts, deeds, and other
documents as authorized by the City Council.
The City has previously received comments and inquiries from state agencies, including
the Department of Economic Opportunity, regarding the City Manager's authority to
execute contracts.
Sec. 2-294. - Bidding threshold.
(a) All contracts for the purchase of commodities or contractual services in excess of
$50,000.00 shall be awarded by competitive sealed bid, or such other method as
permitted by Florida law, and such threshold shall automatically be adjusted to be
consistent with the category three purchasing threshold established in €-S—§
287-01- set forth at Chapter 287, Fla. Stat., as may be amended from
time to time be ar,onde . All such awards shall be approved by the city soUnGi
manager when the total contract amount is less than, or equal to, 0_5 percent of
the adopted budget for the fiscal year during which the contract is being awarded.
All contract awards and other purchases exceeding the 0.5 percent threshold shall
be approved by the city council.
(b) The city council may waive the competitive sealed bid requirement in the event of
one or more of the following:
(1) An emergency has been declared by the city council.
(2) A bid or proposal has been awarded by another government agency
pursuant to a competitive sealed bid or other such procurement method as
provided by law and/or ordinance from which the city can purchase at the
same price or unit prices.
(3) As otherwise provided b in the city's Purchasing Policies and
Procedures.
CITY COUNCIL: On October 5, 2022, the City Council approved Ordinance 13, 2022 on
first reading by a vote of 4 to 1.
STAFF RECOMMENDATION: Staff recommends approval of Ordinance 13, 2022 as
presented on second and final reading.
1 ORDINANCE 13, 2022
2
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4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA, AMENDING CHAPTER 2.
6 ADMINISTRATION BY REPEALING SECTION 2-294. — BIDDING
7 THRESHOLD., AND READOPTING SAME, AS REVISED, IN ORDER
8 TO AMEND CERTAIN PURCHASING LIMITS AND REMOVE
9 CERTAIN REFERENCE TO STATE LAW; PROVIDING THAT THE
16 REMAINDER OF CHAPTER 2. ADMINISTRATION SHALL REMAIN
11 1N FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED;
12 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
13 AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
14 AND FOR OTHER PURPOSES.
15
16
17 WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, has
18 determined that due to changes in the economy that have precipitated an inflation rate
19 that exceeds a 46-year high, along with significant damage to the supply chain and other
20 inflationary impacts, a need exists to revise the bidding threshold regulations set forth in
21 the City Code of Ordinances; and
22
23 WHEREAS, the City Council has determined that revisions to the City Manager's
24 acquisition approval authority will allow the City to acquire goods and services more
25 expeditiously and economically; and
26
27 WHEREAS, pursuant to the City Charter, the City Manager may execute contracts,
28 deeds, and other documents as authorized by the City Council; and
29
30 WHEREAS, the City has previously received comments and inquiries from state
31 agencies, including the Department of Economic Opportunity, regarding the City
32 Manager's authority to execute contracts; and
33
34 WHEREAS, the City Council deems approval of this Ordinance, authorizing the
35 City Manager to approve certain purchases, contract awards, and procurements, to be in
36 the best interests of the health, safety, and welfare of the residents and citizens of the
37 City of Palm Beach Gardens and the public at large.
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39
46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
41 OF PALM BEACH GARDENS, FLORIDA, that:
42
43 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
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Ordinance 13, 2022
1 SECTION 2. Chapter 2. Administration is hereby amended by repealing Section
2 2-294 -- Bidding threshold. and readopting same, as revised, in order to amend certain
3 purchasing limits and to remove certain references to state law; providing that Section 2-
4 294. shall hereafter read as follows:
5
6 Sec. 2-294. - Bidding threshold.
7
8 (a) All contracts for the purchase of commodities or contractual services in excess of
9 $50,000.00 shall be awarded by competitive sealed bid, or such other method as
10 permitted by Florida law, and such threshold shall automatically be adjusted to be
11 consistent with the category three purchasing threshold F.S. §
12 287.01 set forth at Chapter 287, Fla. Stat., as SUGh seGt� may be amended from
13 time to time be amended. All such awards shall be approved by the city sounGil
14 manager when the total contract amount is less than ore ual to 0.5 percent of
15 the adopted budget for the fiscal year durin which the contract is being awarded.
16 All contract awards and other purchases exceeding the 0.5 percent threshold shall
17 be approved by the city council.
18
19 (b) The city council may waive the competitive sealed bid requirement in the event of
20 one or more of the following:
21
22 (1 ) An emergency has been declared by the city council.
23 (2) A bid or proposal has been awarded by another government agency
24 pursuant to a competitive sealed bid or other such procurement method as
25 provided by law and/or ordinance from which the city can purchase at the
26 same price or unit prices.
27 (3) As otherwise provided b in the city's Purchasing Policies and
28 Procedures.
29
30 SECTION 3. All Ordinances or parts of Ordinances in conflict be and the same are
31 hereby repealed.
32
33 SECTION 4. Should any section or provision of this Ordinance or any portion
34 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
35 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
36
37 SECTION 5. This Ordinance shall become effective immediately upon adoption.
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Ordinance 13, 2022
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PASSED this ^r day of } �- � r , 2622, upon first reading.
PASSED AND ADOPTED this day of , 2622, upon
second and final reading_
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Chelsea Reed; Mayor
Rachelle A. Litt, Vice Mayor
Carl W. Woods, Councilmember
Mark T. Marciano. Councilmember
Marcie Tinsley, Councilmember
ATTEST:
Patricia Snider, CIVIC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
R. Max Lohman, City Attorney
Shared Documents/ORDINANCES/2022/Ordinance 13 2022 - Purchasing Threshold Adocx
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