HomeMy WebLinkAboutOrdinance 2016-483 ORDINANCE NO. 2016 - 4 3
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 62-13 OF THE
PROCUREMENT CODE OF THE CITY OF SUNNY ISLES BEACH, TO
EXEMPT RECREATIONAL AND ARTISTIC PROGRAMS FROM THE
COMPETITIVE BIDDING REQUIREMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the purpose of Chapter 62 of the Code of Ordinances of the City of Sunny
Isles Beach (the "Procurement Code") is to ensure compliance with applicable law regarding the
procurement of supplies and services on behalf of the City; and
WHEREAS, Chapter 62 requires the City Commission to approve all purchases of, or
contracts for, materials, supplies, equipment, public improvements or services where the total
amount to be expended is more than $50,000.00; and
WHEREAS, Chapter 62 also requires that purchases more than $2,500.00 but less
$50,000.00 shall require compliance with the informal competitive bidding requirements set forth
in Chapter 62, unless a specific exemption exists; and
WHEREAS, Section 62-13 of the City's Procurement Code provides for certain
exemptions for this competitive bidding requirement; and
WHEREAS, the City Commission desires to amend Section 62-13 of the City's
Procurement Code to clarify that a) activities and field trips for recreational, cultural, or after-
school/summer camp programs, b) instructors for artistic, recreational or educational programs,
and c) services or commodities provided by governmental agencies or non-profit organizations,
colleges or universities, are exempt from the competitive bidding requirements of Chapter 62.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing"WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this Ordinance
upon adoption hereof
Section 2. Amendment. Chapter 62 of the City Code is amended to read as follows:
§ 62-13. —Exemptions from competitive bidding.
The following shall be exempt from the competitive bidding procedures outlined in this chapter:
1
Words added underlined,words stricken deleted
G. Exempt contractual services and products. Other exempt contractual services and
products not subject to the competitive procurement requirements of this Code are listed
as follows:
(1) Academic program reviews or lectures or seminars by individuals.
(2) Artistic services which are original and creative in character and skill in a recognized
field of artistic endeavor such as music, dance, drama, painting, sculpture and the
like. - - . - , - . -
contractual services subject to the requirements of competitive procurement.
(3) Performing artists and entertainers as approved by the City Manager/purchasing
agent when deemed in the City's best interests,for the benefit of the citizens of Sunny
Isles Beach and the general public at any City function.
(4) Advertising.
(5) Utilities, including but not limited to, electric, water, natural gas (excluding fuel/diesel
purchases), sewage and solid waste collection, and telecommunication services
including, but not limited to, cable television, telephone lines, internet connectivity,
data and voice circuits, voice over internet protocol("VOIP"), cellular/wireless phones,
wide area network ("WAN") connectivity, pagers, and wireless adapters for cellular
data ("air cards").
(6) Items purchased for resale to the public.
(7) Field trips for recreational, cultural. or after-school/summer camp programs.
(8) Recreational activities as approved by the City Manager or Finance Director when
deemed in the City's best interests. for the benefit of the citizens of Sunny Isles Beach
and the general public.
(9) Services or commodities provided by governmental agencies. colleges or universities.
Section 3. Severability. 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,
clause, 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.
2
Words added underlined,words stricken deleted
Section 4. Inclusion In The Code. It is the intention of the City Commission; and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny
Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word, as required.
Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same
are hereby repealed
Section 6. Effective Date. This Ordinance shall become effective upon adoption on second
reading.
PASSED and ADOPTED on first reading the 2J s+day o 2016.
PASSED and ADOPTED on second reading the :ay of , 2016.
George . Scholl; Mayor
A ST:
• ! • , •
•
ane,A. Hi `s; MMC, City Clerk
APPRO,YEDJAS TO FORM
AND LE ,, L SUFFICIENCY:
(AA
_AJI1I
H s l`,ttinoT; ity Attorney
Moved by: l.,Q A' L OAk
Seconded by: Clj ,,,,,m,t., L,` Lc_ 1 1
Vote:
Mayor Scholl V (Yes) (No)
Vice Mayor Gatto 1/(Yes) (No)
Commissioner Aelion t(Yes) (No)
Commissioner Goldman (No)
Commissioner Levin (Yes) (No)
3
Words added underlined,words stricken deleted
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Item Coversheet Page 1 of 1
1g
s.""'sz, City of Sunny Isles Beach
O ...rte �.\-
n 18070 Collins Avenue
u
-'_ . • Sunny Isles Beach,Florida 33160
'',�.' .„010°,,,`' (305)947-0606 City Hall
''o.w„.,* (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot,City Attorney
DATE: 9/15/2016
Ordinance Amending Section 62-13 of the City Code of
RE: Ordinances to Exempt Certain Cultural Programs from
Competitive Bidding
RECOMMENDATION:
It is recommended that the City Commission approve the proposed
Ordinance amending Section 62-13 of the City Code.
REASONS:
The City provides a wide array of quality and diverse programs to all
City residents.These programs are created to enhance participation in
recreational, cultural and educational programs. This fosters greater
social interaction and community pride among the various City
residents. The City's Cultural and Community Services Department is
responsible for organizing numerous activities throughout the South
Florida area, including planning various youth, adult and senior
programs. Selecting such recreational, cultural and educational
activities requires reasonable discretion and planning. In the past,
many of these programs fell within the exemption from competitive
bidding because the associated expenditures were less than the
current threshold limit of Two Thousand Five Hundred Dollars
($2,500.00)for informal competitive bidding. However, as the number
of participants in the programs continue to grow significantly, this
threshold limitation is close to being approached and flexibility is
required for the selection of activities without the need to competitively
bid for artistic and recreational activities.
Section 62-13 of the City's Procurement Code currently provides for
certain exemptions for this competitive bidding requirement. The City
Commission desires to amend Section 62-13 of the City's
Procurement Code to clarify that a)field trips for recreational, cultural,
or after-school/summer camp programs, b)recreational or educational
programs, and c) services or commodities provided by governmental
agencies, colleges or universities, are exempt from the competitive
bidding requirements of Chapter 62.
ATTACHMENTS:
Description
Ordinance
Notice of Public Hearing
Item Number:9.A.
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1967 9/7/2016
Item Coversheet Page 1 of 1
City of Sunny Isles Beach
•
:, 18070 Collins Avenue
l ac "Z • Sunny Isles Beach,Florida 33160
+,'•°�`,v�oa� 4�. (305)947-0606 City Hall
c,r•o,°vim'' (305)949-3113 Fax [[[[ r
MEMORANDUM
TO: The Honorable Mayor and City Commissio; 2- 1- l
FROM: Hans Ottinot,City Attorney
DATE: 7/21/2016
Ordinance Amending Section 62-13 of the City Code of
RE: Ordinances to Exempt Certain Cultural Programs from
Competitive Bidding
RECOMMENDATION:
It is recommended that the City Commission approve the proposed Ordinance
amending Section 62-13 of the City Code.
REASONS:
The City provides a wide array of quality and diverse programs to all City
residents.These programs are created to enhance participation in recreational,
cultural and educational programs.This fosters greater social interaction and
community pride among the various City residents. The City's Cultural and
Community Services Department is responsible for organizing numerous
activities throughout the South Florida area, including planning various
youth, adult and senior programs. Selecting such recreational, cultural and
educational activities requires reasonable discretion and planning. In the past,
many of these programs fell within the exemption from competitive bidding
because the associated expenditures were less than the current threshold limit
of Two Thousand Five Hundred Dollars($2,500.00)for informal competitive
bidding.However,as the number of participants in the programs continue to
grow significantly,this threshold limitation is close to being approached and
flexibility is required for the selection of activities without the need to
competitively bid for artistic and recreational activities.
Section 62-13 of the City's Procurement Code currently provides for certain
exemptions for this competitive bidding requirement. The City Commission
desires to amend Section 62-13 of the City's Procurement Code to clarify that
a) field trips for recreational, cultural, or after-school/summer camp
programs, b) recreational or educational programs, and c) services or
commodities provided by governmental agencies,colleges or universities,are
exempt from the competitive bidding requirements of Chapter 62.
ATTACHMENTS:
Description
Ordinance
Item Number:7.A.
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1927 7/15/2016
00NY ts��
5 city Commission
s City of Sunny Isles Beach George`'Bud"Scholl,Mayor
a°--" F 18070 Collins Avenue, Suite 250 Jeanette Gatto, Vice Mayor
v 3 Isaac Action, Commissioner
1-- _r %ri} . x Sunny Isles Beach, Florida»160
Dana Goldman,Commissioner
`+' Jennifer Levin,Commissioner
(305)947-0606 City Hall
• `c: (305)949-3113 Fax
... 9'1'j' " \oP �P (305)947-2150 Building Department Christopher J.Russo City Manager
P C/T * F L O a�5 (305)947-5107 Fax Hans Ottinot,City Attorney
r OF suN " Jane A.Hines,il1MC,City Clerk
MEMORANDUM
TO: The Honorable City Commissio
FROM: ' Hans Ottinot, City Attorney
DATE: July 21, 2016
RE: Ordinance Amending Section 62-13 of the City Code of Ordinances to
Exempt Certain Cultural Programs from Competitive Bidding
RECOMMENDATION
It is recommended that the City Commission approve the proposed Ordinance amending Section
62-13 of the City Code.
REASONS
The City provides a wide array of quality and diverse programs to all City residents. These
programs are created to enhance participation in recreational, cultural and educational programs.
This fosters greater social interaction and community pride among the various City residents.
The City's Cultural and Community Services Department is responsible for organizing numerous
activities throughout the South Florida area, including planning various youth, adult and senior
programs. Selecting such recreational, cultural and educational activities requires reasonable
discretion and planning. In the past, many of these programs fell within the exemption from
competitive bidding because the associated expenditures were less than the current threshold
limit of Two Thousand Five Hundred Dollars ($2,500.00) for informal competitive bidding.
However, as the number of participants in the programs continue to grow significantly, this
threshold limitation is close to being approached and flexibility is required for the selection of
activities without the need to competitively bid for artistic and recreational activities.
Section 62-13 of the City's Procurement Code currently provides for certain exemptions for this
competitive bidding requirement. The City Commission desires to amend Section 62-13 of the
City's Procurement Code to clarify that a) field trips for recreational, cultural, or after-
school/summer camp programs, b) recreational or educational programs, and c) services or
commodities provided by governmental agencies, colleges or universities, are exempt from the
competitive bidding requirements of Chapter 62: