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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 U c r z U x Z x x �. c . .:L 'V 2 ''' , G E a O Z < O -1 O � O �" '] •L u u 1 n - r. r r U ' O CV Q Q .. F d Z Q c - 'c u '= r o 7 w >O �+ U U_ < S O v1 a .2 u V c 2 c ou , 3 Q V - < a U :. = =4 U , , O v sx T L CJ a x Z C. x ,• x "7 > u U = - L tu Wo 7 = Z Z a Q ^ > > Z `n Z '" C o u 3 u E Q .. a a .. z U = Wa Z �= w _ Jy - L A a c v) Z x A p O a Q a c S E c c o z O a xx " °_ a 2. c.• Q a '-1 C ° < ° u o o > 1, u , . Q < x z Q " C a Z u , ▪ O ' c _ u = =- t x s x a S a x z s c 0, /4 ` Z > p O_ O U U r - x x o i 0 's. x o T T > _ o 6. ,LI ./.. p ^ L y L z a a r , _ E o - L .) x x < O O .t Z n C7 v) < Q z x — T _ ? c L v = J c ri ," G4 O > Z i :] y 3 U Q a -g = O . , O v 3 0 �' < x Z t 3 y u u o O U ^ .. f� S > Q , y = r y CD ▪ T t z W cn L Z rj x Q z v] Z o 3 '� ° 3 c u u c z " z z :. :a :s, z : 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: