AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA AMENDING CHAPTER 2, ARTICLE VIII, OF THE CODE OF ORDINANCES GOVERNING PURCHASING THRESHOLDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII of Chapter 2 of the Code of Ordinances, Town of Ponce Inlet, Florida governs the Town Manager’s authorized purchasing thresholds; and
WHEREAS, Town Staff has recommended increasing these purchasing thresholds to be more in conformance with increasing costs and neighboring municipalities; and
WHEREAS, the Town Council desires to adopt the recommendations proposed by Town Staff.
CODING: words underlined are additions; words stricken are deletions.
NOW, THEREFORE, BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA:
SECTION 1. AMENDING CHAPTER 2, ARTICLE VIII, OF THE TOWN OF PONCE INLET, FLORIDA CODE
Chapter 2, Article VIII, of the Code of Ordinances, Town of Ponce Inlet, Florida, is hereby amended to read as follows:
DIVISION 2. PURCHASING THRESHOLDS
Sec. 2-361. Small purchases under two hundred fifty less than and including one thousand dollars.
The town manager shall adopt operational procedures for making small purchases of $250.00 less than and including $1,000.00 or less. Such operational procedures shall provide for obtaining adequate and reasonable competition for the supply, service or construction being purchased and shall provide for two signatures, one of which shall be that of the town manager, on all invoices.
(Ord. No. 97-19, § 1(2-707), 7-16-97)
Sec. 2-362. Small purchases between two hundred fifty in excess of one thousand dollars and fifteen up to and including twenty five thousand dollars.
The town manager is authorized to make purchases or amend contracts as provided for in this section. For small purchases in excess of $250.00 $1,000.00, no less than three businesses shall be solicited to submit quotations. Businesses within the town shall be used to the maximum extent feasible. Award shall be made to the business offering the lowest acceptable quotation. For purchases over $250.00 in excess of $1,000.00 but less than $2,500.00 and including $3,500.00, quotations may be verbal or written. For purchases in excess of $2,500.00 $3,500.00 and up to and including $15,000.00 $25,000.00, all quotations shall be in writing and the names of the businesses submitting
quotations and the date and amount of each quotation shall be recorded and maintained as a public record.
(Ord. No. 97-19, § 1(2-708), 7-16-97)
Sec. 2-363. Large purchases and contractual services.
All supplies and equipment, except as otherwise provided herein, and contractual services, not including professional services, when the estimated cost thereof shall be equal to or exceeds $15,000.00 $25,000.00 shall be purchased by formal written contract from the lowest responsible bidder, after due notice inviting proposals.
(Ord. No. 97-19, § 1(2-709), 7-16-97)
Sec. 2-364. Competitive sealed proposals.
When the town manager determines in writing that the use of competitive sealed, bidding is either not practicable or not advantageous to the town, a contract may be entered into by use of the competitive sealed proposals method.
(Ord. No. 97-19, § 1(2-710), 7-16-97)
Sec. 2-365. Professional services.
Professional services, other than those included within the scope of the Consultants' Competitive Negotiation Act, shall be procured in accordance with the selection procedures specified in division 5 of this article.
(Ord. No. 97-19, § 1(2-711), 7-16-97)
Sec. 2-366. Consultants' Competitive Negotiation Act.
All professional services falling within the scope of the Consultants' Competitive Negotiation Act shall be procured as provided for in F.S., § 287.056 287.055, as amended.
(Ord. No. 97-19, § 1(2-712), 7-16-97)
Sec. 2-367. Alterations or modifications of contracts.
Where in the opinion of the town manager it becomes necessary for the prosecution of any work or improvement under contract to make alterations or modifications in such contract, such alterations or modifications may only be affected as follows:
(1)~~~If the original contract amount is equal to or less than $40,000.00, a modification not to exceed five percent of the original contract price may be authorized by the town manager. Modifications in excess of five per cent must be authorized by the town council.
(2)~~~If the original contract amount exceeded $40,000.00, any modification less than $2,000.00 may be authorized by the town manager.
(3)~~~Any modification to any contract which changes the original contract price by more than $2,000.00 must be authorized by the town council.
(Ord. No. 97-19, § 1(2-713), 7-16-97)
Secs. 2-368--2-375. Reserved.
SECTION 2. CONFLICTING ORDINANCES
All ordinances in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, that holding in no way affects the remaining portions of this Ordinance.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its adoption.
It was moved by Vice-Mayor Goudie and seconded by Councilmember Comfort that said Ordinance be passed on first reading. A roll call vote of the Town Council on said motion resulted as follows:
Mayor Epps, Seat #1 Yes
Vice-Mayor Goudie, Seat #2 Yes
Councilmember McCormick, Seat #3 Yes
Councilmember Olive, Seat #4 Yes
Councilmember Comfort, Seat #5 Yes
Passed upon first reading this 21st day of June 2006.
It was moved by Vice-Mayor Goudie and seconded by Councilmember Comfort that said Ordinance be adopted on second reading. A roll call vote of the Town Council on said motion resulted as follows:
Mayor Epps, Seat #1 Yes
Vice-Mayor Goudie, Seat #2 Yes
Councilmember McCormick, Seat #3 Yes
Councilmember Olive, Seat #4 Yes
Councilmember Comfort, Seat #5 Yes
Passed and Adopted upon second reading this 19th day of July, 2006.
Town of Ponce Inlet, Florida
_________________________
Nancy E. Epps, Mayor
ATTEST:
Kassandra Esposito Blissett
Town Manager/Town Clerk
Approved as to form and legality for the use and reliance of the Town of Ponce Inlet, Florida only.
_______________________________________
Theodore R. Doran, Town Attorney
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