ORDINANCE NUMBER 2009-03

Whereas,   the Town of Shalimar has previously adopted ordinances pertaining to purchasing procedures, purchasing limitations, purchase orders and emergency procedures; and

Whereas,   the Town of Shalimar wants to modify and update these ordinances, and maintain its protection of the health and welfare for of its citizens; and

Whereas,   these changes accomplish the Town purposes without compromising the level of protection given its citizens.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF SHALIMAR, FLORIDA:

That the Code of Ordinances, Town of Shalimar, Florida, is hereby amended as follows:

1.   Chapter 2, Article V. FINANCE

Sec. 2-172. Purchasing limitations:

          (a)   A department head is hereby allowed to authorize purchases up to $200.00 and The Town Clerk may authorize purchases up to $1,000.00.

          (b)   The town commissioner designated commissioner for oversight jurisdiction as provided in section 2-37, is hereby allowed to authorized to approve purchases and sign purchases up to $1,000.00 $5,000.00.

          (c)   All non-emergency purchases of $1,000.00 and up to $3,000.00 above $5,000.00 shall require approval by the town commission.

          (d)   All purchases of $3,000.00 and above shall be purchased through the a competitive bidding process.

          Sec. 2-173.  Purchase orders.

All Each purchases of $200.00 over $1,000.00 or over shall be made by purchase         orders. and all pPurchase orders shall be maintained by the town clerk. for all       expenditures of $200.00 over $1,000.00 or over. The town clerk shall maintain       the purchase orders in a book.  No single item or group of similar items shall be     split into two (2) or more purchases if the effect is to avoid the issuance of a    single purchase order under this Ordinance.

          Sec. 2-174.  Approval of purchase orders:

          (a)   Purchase orders for $200.00 to $1,000.00 $1,000.00 to $5,000.00 shall be signed by the town commissioner who has been given jurisdiction of the subject area designated in section 2-37. 

          (b)   If the person responsible for the purchases as designated in section 2.37     subsection (a) of this section is not reasonably available to approve a purchase          order for purchases of $200.00 to $1,000.00 $1,000.00 to $5,000.00, such         purchase order may be approved by any one of the following persons who shall         be selected in priority according to the order in which they appear below.

                   (1)   The mayor.

                   (2)   The finance commissioner.

                   (3)   Any other member of the town commission.

          Sec. 2-175.  Unauthorized purchase.

Except as provided in this division, it shall be unlawful for any town officer or      other person to order any materials or supplies or make any contracts for     materials or supplies for $200.00 or over over $1,000.00 other than by a    purchase order signed by the town commissioner who has jurisdiction as       designated in section 2-174. The town shall not be bound by any purchase, or    purchase order or contract made contrary to the provisions of this division.   Additionally, the town shall not be bound by the purchases if the buyer exceeds         the scope of his purchasing authority.  Actions taken in good faith on behalf of     the Town in violation of this Ordinance may be ratified by a specific motion at a           subsequent Town Commission Meeting.

          Sec. 2-180.  Open market contracts.

          (a)   Authorized.  All purchases of supplies and contractual services of a total       estimated value of more than $200.00 $1,000.00 and less than $3,000.00, and       all sales of personal property which have become obsolete and unusable, of less     than the estimated value of $3,000.00 may be made in the open market      without newspaper advertisement and without observing the procedure     prescribed by this division for formal purchasing or sales procedures. Whenever        open market procedures are used, the buyer shall observe the general provisions   of section 2-176 to secure the best item for the amount spent. 

          (b)   Minimum number of bids.  All open market purchases or sales shall, whenever possible, be based on at least three competitive bids and may be   awarded to the lowest responsible bidder in accordance with the standards set          forth in this division, or the highest responsible bidder in case of a sale. 

          (c)   Invitation of bids.  The buyer may solicit by: 

                   (1)   Direct mail request to prospective vendors.

                   (2)   Telephone.

                   (3)   In person.

(d)   Oral bids.  All oral bids in excess of $200.00 shall, whenever possible, be    confirmed in writing. The buyer shall keep a record of all open market bids         submitted in competition thereon, and such records shall be open to public          inspection. 

          Sec. 2-181.  Emergency purchases.

          (a)   By mayor.  In case of an apparent emergency which requireds immediate     purchase of supplies or contractual service, the mayor shall be empowered to    authorize the buyer to secure by open market procedure as set forth in Section           2-180, at the lowest obtainable price, any supplies or contractual services not     exceeding $3,000.00 $10,000.00. The mayor has the authority to act in the case    of any emergency that might affect the health, safety, and welfare of the town.    Such action shall be reported at the next regular meeting to the town    commission. 

          (b)   Emergency procedures.  The mayor shall prescribe the procedure under      which emergency purchases by any person on behalf of the town may be made. 

Upon its adoption, this Ordinance, as enacted, shall be signed by the Mayor and Town Manager and recorded codified.  This Ordinance shall take effect upon its adoption.  All ordinances or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed.”

IN WITNESS WHEREOF, the parties have caused this Ordinance to be executed by their duly authorized officers.

February 10, 2009

Date of First Reading

March 10, 2009

Date of Second Reading

Reviewed and approved as to form and content by

______________________________

D. Michael Chesser, Town Attorney