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Home My WebLink AboutOrdinance 2017-492 ORDINANCE NO. 2017 -4ctZ 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 BANQUETS, CATERING AND SIMILAR FOOD SERVICES 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 than $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 banquets, catering, and similar food services 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. (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. (10) Banquets, catering. and similar food services that do not exceed $50.000.00 (fifty thousand dollars). 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 i day of J4-Nu 2017. PASSED and ADOPTED on second reading the ((,, •:y of '6,24 2017. I Geort- H. Scholl, Mayor Al ST -`,4450110...-- Jane A. ines, MMC, City Clerk APPROV : • S TO FORM AND �, ly .UFFICIENCY: i:O/A Ha�O rinot, City Attorney `' d Moved by: V 1 i 61 kith 6oL VVIA-/J Seconded by: Cb1AAALS t 0iJ£2- 6411-0 Vote: / ( Yes) o Mayor Scholl ( (N ) Vice Mayor Goldman I (Yes) (No) Commissioner Aelion— AC. C1•11- (Yes) (No) Commissioner Gatto (Yes) (No) Commissioner Svechin - (Yes) (No) 3 Words added underlined,words stricken deleted f N Y t Cl Commission SON SZF Cityof SunnyIsles BeachCity o� -- s0 George"Bud"Scholl,Mayor v F 18070 Collins Avenue, Suite 250 Dana Goldman,Vice Mayor ;y n Isaac Aelion, Commissioner V ,c- = Sunny Isles Beach, Florida X3160 Jeanette Gatto,Commissioner e ; (305)947-0606 City Hall Larisa Svechin,Commissioner * ' * (305)949-3113 Fax i X99, x�\oP �P (305)947-2150 Building Department Christopher J.Russo City Manager F * F o 5 Hans Ottinot,City Attorney c•TY ov sus Pao (305)947-5107 Fax Jane A.Hines,MMC,City Clerk MEMORANDUM TO: The Honorable City Commission 'kyFROM: Hans Ottinot, City Attorney DATE: January 19, 2017 RE: Ordinance amending Chapter 62 of the City Code RECOMMENDATION It is recommended that the City Commission approve the proposed Ordinance amending Chapter 62 of the City Code. REASONS 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. 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 Chapter 62 also requires that purchases more than $2,500.00 but less than $50,000.00 shall require compliance with the informal competitive bidding requirements set forth in Chapter 62, unless a specific exemption exists. Section 62-13 of the City's Procurement Code 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 banquets, catering, and similar food services that do not exceed $50,000.00 are exempt from the competitive bidding requirements of Chapter 62.