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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 ----- ------------__ 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 Page 2 of 2 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 3 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. 38 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. 44 45 46 Page 1 of 3 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. 38 39 40 (The remainder of this page intentionally left blank.) 41 42 43 44 45 46 Page 2of3 Ordinance 13, 2022 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 26 21 22 23 24 25 26 27 28 29 36 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 Page 3 of 3