Ordinance 13-2008ORDINANCE NO. 13-2008
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA REPEALING AND
REPLACING SECTION 62-36 (EXEMPTIONS) OF CHAPTER 62
(PURCHASING), ARTICLE II (ORGANIZATION) OF THE LONGWOOD CITY
CODE OF ORDINANCES; PROVIDING FOR ADDITIONAL EXEMPTIONS
AND CLARIFYING EXISTING EXEMPTIONS TO COMPETITIVE
PROCUREMENT PROCEDURE, PIGGYBACKING ON CONTRACTS OF
OTHER GOVERNMENT AGENCIES, WAIVER OF COMPETITIVE
PROCUREMENT PROCEDURE IF DEEMED IN BEST INTEREST OF CITY
AND EXEMPTIONS BY AMENDMENT TO CITY'S PURCHASING POLICY
AND PROCEDURES MANUAL; PROVIDING FOR COMPLIANCE WITH
STATE LAW, CODIFICATION, CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Longwood is vested with home rule authority pursuant to
Article VH, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida
Statutes, to enact ordinances; and
WHEREAS, the City of Longwood has home role authority to enact exemptions to
the competitive solicitation and procurement process that are not inconsistent with
general law; and
WHEREAS, the City of Longwood City Commission desires to include additional
goods, services, materials or services to the list of items exempt from the formal
competitive procurement requirements; and
WHEREAS, the City of Longwood City Commission desires to add language specific
for inclusion of piggyback procurement options concerning contracting with contractors
and vendors under contract with other government agencies, which were selected through
a competitive procurement process; and
WHEREAS, the City of Longwood City Commission desires to add language specific
for allowing the Longwood City Commission authority to waive, by majority vote, the
formal procurement procedures typically utilized if deemed in the best interest of the City;
and
WHEREAS, the City of Longwood City Commission desires to add language specific
for allowing the Longwood City Commission authority, by resolution, to adopt and amend
the City's Purchasing Policy and Procedures Manual to provide for a waiver of formal
procurement procedures for certain types of goods, materials, equipment and services if
deemed in the best interest of the City; and
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WHEREAS, the City of Longwood City Commission finds that this Ordinance is in the
best interest of the City and of the health, safety and welfare of the citizens of the City of
Longwood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF LONGWOOD, FLORIDA:
Section 1. Legislative Findings and Purposes.
(a) The foregoing recitals are hereby adopted as the legislative findings of the City
Commission of the City of Longwood and incorporated into this Ordinance as if set
forth herein.
(b) The purpose of this Ordinance is to authorize and adopt revisions to the existing
Longwood City Code Section 62-36, titled "Exemptions".
Section 2. Repeal and Replacement of Section 62-36. Exemptions.
Section 62-36 of Chapter 62, Article II of the Longwood City Code is hereby repealed and
replaced with the following language:
Sec.62-36 Exemptions,
(a) Unless otherwise required y general law, the following items shall not be subject to
competitive solicitation and procurement'
.Salaries and employee benefits
Debt service requirements
Taxes
Utilities
Donations
Dues
Collective bamaining agreements
Pensions
Solid waste or recycling services
Granting franchises
Proprietary software
- . - . 1 1 , 0! "
Auto a.w_,
advertisingLegal
.g
Internet Provider Services
fb) To the extent not
prohibited by general law,
whenever a state counter municipality
school district or other
governmental agency has
a pre existing contract which is in
effect
concernme goods. materials
equipment or services
the city wishes to acquire the city
may,
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performed by the government agenU to procure the contract proposed to be p
upon and an executed copy of such contract, The contractor4undor shall consent to t
piggybacking, The -Contractorlvendor shall- execute a separate agreement
which confirms thatthe same prices, termsand conditions grantedto 1 ' • 1 ,
contracting governmental agency will be granted to the city along with agreement 0 *
established provisions providing for indemnity, insurance, controlling laws, venue, disl2u
resolution and other -provisions as may be recommended by the purchasing manage
city attorna Piggyj2ackingnot authorized when the action• • call for• • t
of izoods. materials, eQuipment and services that were not originally bid on
originally evaluated as part of the contract award. Piggybacking is not authorized for th
procurement of • • •1• 1►/ces" as defined by •! 287,055,
Consultants' Competitive Negotiation Act, The City Administrator - or desig
establish policies relating to the appropriatenessof and criteria for•
contracts of other governmental agencies. - The 12iggybacking of contracts r
amounts bey-Qnd the Lity Administrator's purchasing authori1y shall be approved thi
City Commission,
CQ To the extent not prohibited by general law, the City Commissioni=. by majority vote,
waive the formal procurement procedures contained in -this chapter and in the ciVs
purchasing policies and procedures manual for the procurement of a partigular -good,
material. eQuipment or service if the city commission deems such waiver to be in the best
interest of 1
fdl To the extent not prohibited by general law, the City Commission may, by ordinance nr
resolution adopt and amend the cifpurchasing policies and procedures manual -to
provide for waiver of formal procurement procedures contained in this chapter and in the
citv's purchasing policies and procedures manual for certain • ! s of gams, materials
.equipment and services if the city commission deems such waiver to be in the hest interest
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Section 3. Compliance with State Law. The provisions of this Ordinance are intended
to be consistent with all applicable Florida Statutes and other state laws and, whenever
practicable, shall not be interpreted in a manner that would render it incompatible or in
conflict with general law. If any provision of this ordinance unavoidably conflicts with
state law then state law shall control to the extent that any such conflict exists.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion or application shall be deemed a
separate, distinct, and independent provision of such holding shall not affect the validity of
the remaining portions thereof to the extent practicable.
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Section S. Conflicts and Repealer. To the extent this Ordinance, or any provisions
thereof, conflict with any previously enacted Ordinances of the City of Longwood, Florida,
this ordinance shall control only to the extent any such conflict(s) exists.
Section 6. Codification. Section 2 of this Ordinance shall be codified as a part of the
Longwood City Code, such provisions may be renumbered or re -lettered to accomplish such
intention, and the word "Ordinance", or similar words, may be changed to "Section,"
"Article," or other appropriate word. The City Clerk is granted liberal authority to codify
the provisions of this Ordinance as contemplated herein.
Section 7. Effective Date. This Ordinance shall take effect upon adoption.
FIRST READING: May 20, 2013
SECOND READING AND ADOPTION on this 3rd day of June 2013.
ATTEST:
Sarah M. Mirus, City Clerk
3 reliance of the City of Longwood, Florida only.
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