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Home My WebLink About2005-025ORDINANCE NO. 2005- 025 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE CHAPTER 105, PURCHASING, TO RAISE THE PURCHASING AUTHORITY OF THE COUNTY ADMINISTRATOR FROM $5,000 TO $50,000; PROVIDING FOR AN EFFECTIVE DATE, SEVERABILITY, AND CODIFICATION. WHEREAS, Sections 105.01 and 105.02 of the Indian River County Code authorizes the County Administrator to purchase or contract for supplies, materials, equipment, real property, or services (other than services under Section 287.055, F.S.) costing five thousand dollars or less; and WHEREAS, despite inflation over the decades, no increase in the County Administrator's purchasing authority has been granted in over two decades; and WHEREAS, the efficient operation of county government requires the County Administrator to have the authority to purchase or contract for supplies, materials, equipment, real property, or services in a timely manner; and WHEREAS, the requirement of Board of County Commissioners approval for all purchases over five thousand dollars necessitates an agenda item being prepared and scheduled resulting in delays of two to four weeks in the purchase of needed supplies, materials, equipment, real property or services, N OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Chapter 105, Purchasing, of the Indian River County Code is hereby amended as follows: read: S ECTION 1. Section 105.01 Authority of the county administrator is amended to S ection 105.01. Authority of county administrator. Coding: Words/letters underscored are additions to text; words/letters in sEtfikterthrougb format are deletions to text. 1 F:\Attorney\Nancy\DOCS\ORD\ord amending purchasing.doc • ORDINANCE NO. 2005- 025 Except as otherwise provided by Florida Statutes, the county administrator or his designee is granted authority to purchase or contract for supplies, materials, equipment, real property, or services (other than services under section 287 055, F.S.) costing We fifty thousand dollars ($5,000.00) ($50,000.00) or less for the county after taking such action as the county administrator shall deem necessary to obtain the best price for the county. Any such purchase or contract may be executed by the county administrator in the name of the county without commission action, although copies of any such contracts shall be available to the commission for inspection. In an emergency, contracts for purchase of parts or repairs to then -existing county equipment or machinery may be purchased or contracted by the county administrator in his capacity as the county administrator, provided the county administrator certifies that a true emergency exists, and routes a copy of the contract to the commission for its inspection with a memorandum describing the emergency situation. S ECTION 2. S ection 105.02 County commission, is amended to read: S ection 105.02. County commission. Any county purchase of supplies, material, equipment, or services in excess of the authority provided in section 105.01 or the Purchasing Policies and Procedures Manual, and services subject to section 287.055, F.S. shall be approved by the county commission. Purchase orders covering such purchases shall be noted as approved by the county commission and of $50,000.00 or less may be executed by the county administrator. If a formal written, integrated contract, in excess of five fifty thousand dollars ($5,000.00) ($50,000.00), is required for such purchases, said contract shall be signed by the chairman, the clerk, and the county administrator, and approved as to form and legal sufficiency by the county attorney. Any purported contract not so executed shall be void ab initio and shall have no force and effect whatsoever. The county commission may enter into contracts under this paragraph based on the recommendations of the county administrator, bidding procedures, or such other methods that the commission determines are in the best interest of the county. In addition, the county commission may direct the county administrator to take several bids and negotiate with these bidders to obtain an offer that is more advantageous to the county. S ECTION 3. EFFECTIVE DATE This ordinance shall take upon filing with the Florida Department of S ECTION 4. CODIFICATION. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River Coding: Words/letters underscored are additions to text; words/letters in format are deletions to text. 2 F:\Attorney\Nancy\DOCS\ORD\ord amending purchasing.doc ORDINANCE NO. 2005- 025 County Code, and that the sections of this ordinance may be renumbered or re - lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. This ordinance was advertised in the Vero Beach Press -Journal on the 26th day of Jul y 2005, for a public hearing to be held on the 9th day of August, 2005, at which time it was moved for adoption by Commissioner Neuberger , seconded by Commissioner Wheeler and adopted by the following vote: Chairman Thomas S. Lowther Vice Chairman Arthur R. Neuberger Commissioner Wesley S. Davis Commissioner Gary C. Wheeler Commissioner Sandra L. Bowden Aye Aye Aye Nay Absent The Chairman thereupon declared the ordinance adopted this 9th day of August, 2005. ATTEST: