7152-03
ORDINANCE NO. 7152-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO PURCHASING; AMENDING SECTIONS 2.561
AND 2.564 ADJUSTING THE PURCHASING APPROVAL
AUTHORITY FOR THE CITY MANAGER; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, purchasing thresholds have accelerated among the
governments similar to the City of Clearwater, Florida; and
WHEREAS, the City of Clearwater, Florida wishes to remain competitive
in the marketplace for the purchase of goods and services required for City
operations; and
WHEREAS, the City of Clearwater, Florida wishes to remain prudent and
efficient with the expenditure of its public funds; now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. That Sections 2.561, and 2.564 of the Code of Ordinances,
City of Clearwater, Florida, is hereby amended to read as follows:
Section. 2.561. Purchases over $50,000
Except as otherwise provided in this division, the purchase of commodities or
services of an estimated value over $50,000 shall be by purchase order and/or
other written contract with the vendor submitting the lowest responsible bid
whose bid has been solicited, received and approved, pursuant to the following
procedures:
1) Notice inviting bids. Notices inviting bids shall be published at least one time
in a newspaper of general circulation within the city and shall include a
general description of the commodities orservices to be purchased, a
statement of where bid documents may be obtained, and the date, time, and
place of the public opening of bids. The publication shall be not less than 10
calendar days before the bid opening date. Sealed bids shall also be solicited
from responsible prospective vendors including those on the registered
vendor's list.
(2) Security (bid bonds). When the estimated cost of a public works contract is
$150,000 or higher, or when otherwise deemed necessary by the city
manager, security in the form of a bid bond issued by a surety company
licensed to do business in Florida or a cash bond in an amount equal to ten
percent of the bid shall be prescribed in the public notices inviting bids. A
vendor shall forfeit a bid security upon a refusal or failure to execute the
Ordinance No. 7152-03
contract within ten days after the notice of award of contract has been mailed,
unless the city is solely responsible for the delay in executing the contract.
The city commission may, upon the refusal or failure of the successful vendor
to execute the contract, award the contract to the next lowest vendor. In such
event, the amount of the lowest vendor's bid security shall be applied by the
city to the contract price differential between the lowest bid and the second
lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
(3) Bid opening procedures. Sealed written bids shall be returned to the city and
identified as bids on the envelope, together with other information as may be
specified in the invitation to bid. Bids shall be opened in public on the date
and at the time and place stated in the public notices. A tabulation of all bids
received shall be made available to the public.
(4) Rejection of bids. The city manager may:
(a) Reject all bids; or
(b) Reject all bids and re-advertise for bids, pursuant to the procedure
prescribed in this section.
(c) Reject all bids and direct that the project or service in question be
performed by city forces upon determining that the project or service can
be timely performed for an amount less than each of the bids submitted.
(5) Award of contracts. Contracts exceeding $100,000 $50,000 shall be
awarded by the city commission to the lowest responsible vendor. Contracts
of $100,000 $50,000 or less shall be awarded by the city manager, assistant
city manager and may be further delegated to the purchasing manager.
(6) Performance and payment bonds. A performance bond and a payment bond,
or a "contract bond" combining the elements of a performance and a payment
bond, issued by a surety company licensed to do business in Florida, may be
required before entering into a contract, in an amount at least equal to the
contract price or such higher amount as may be found reasonably necessary
to protect the best interests of the city. If such bond is required, the form and
amount of the bond shall be described in the notice inviting bids.
(7) Change orders. Any change in the contract price, scope of work or time for
completion of any project following the award of a contract shall be by a
written change order, approved by the city commission and executed with the
same formalities as the contract. However, the city manager may approve
and execute change orders without city commission approval subject to the
following limitations:
(a)
Contract price increases.,. may be approved to a total award of
$100.000 $50,000 for any contract with the same approval authority
as (5) above. The city manager may approve any increase of contract
up to a maximum of 10% over the most recent award of the city
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commiSSion. The scope of any project may not be changed without
prior approval of the city commission. No contract price increase shall
be approved unless there are sufficient funds available for such
purpose.
(b) Contract price decreases may be approved without limitation.
(c) The time for completion may not be extended by more than 60 days, in
anyone change or cumulatively for the same project, beyond the most
recent commission-approved contract completion time.
(d) No change order shall change the scope of the work unless approved
by the city commission.
(e) City manager approved contracts may not exceed 10% cumulatively,
inclusive of all change orders.
Section 2.564. Exceptions to bid procedures.
(1) The bidding requirements set forth in this subdivision may be waived
when one of the following conditions exists:
(a) A department director certifies via electronic coordination of the purchase
requisition describing to the purchasing agent that an emergency exists in
regard to the purchase of any commodity or service and that the delay
incident to giving opportunity for competitive bidding would be detrimental to
the interest of the city. The responsible department director shall provide a
detailed summary outlining the facts demonstrating the existence of an
emergency. Upon determining that an emergency exists the purchasing agent
may authorize the purchase. Emergency purchases that exceed the
purchasing agent's authority must be approved by the city commission at the
earliest regular or special public meeting thereafter.
(b) Commodities or services are available only from a sole source, after
determination by the purchasing agent upon review of written summary of
facts from the department director requesting the purchase.
(c) The amount of the purchase is $2500 or less.
(d) It is to the advantage of the city to purchase commodities or services in
cooperation with another governmental entity in Florida or to purchase
commodities or services from contracts previously awarded by other
governmental entities as recommended by the department director or
designee.
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(e) The purchasing agent determines that the nature of the commodity or service
is such that competitive bidding is impossible, impractical, or cannot be
obtained as recommended by the requesting department director.
(f) Professional services subject to the Florida Consultants Competitive
Negotiations Act.
(g) Services rendered by health services including mental health; legal services
including paralegal, expert witness, appraisal or mediator services~ auditors;
academic and lecturers; or services provided by persons with mental or
physical disabilities under not-for-profit corporations.
(h) Commodities or services purchased by the city or its representatives when
necessary to the prosecution or defense of any claim or lawsuit in which the
city is a party or in which it is anticipated by the city attorney, the risk
manager, or the third party administrator of the city's self-insurance program
that the city will become a party.
(i) Commodities or services purchased by the city or its representatives when
necessary to comply with Chapter 440, Florida Statutes (Florida Worker's
Compensation Law), or when necessary to the defense of any worker's
compensation claim asserted against the city.
U) Contracts of insurance.
(k) Purchase of construction materials included in the scope of an awarded
construction contract in order to realize sales tax savings, in accordance with
Section 212.08(6), F.S.
(I) Purchasing bid/quotation requirements may be suspended for a period (to be
determined by the emergency condition) upon declaration of emergency by
the city manager. Awards of contract may be delegated in writing to any
designee in the amount not to exceed $100.000 $50,000.
(2) Purchases over $100,000 $50,000 made pursuant to this section shall be
submitted to the city commission for approval.
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Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 19, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Attest:
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JtvCynthia E. Goud- u
6 City Clerk _
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Ordinance No. 7152-03