6422-99
o RDINANCES
A. I
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QRDINANCE NO. 6422-99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PURCHASING; AMENDING
SECTIONS 2.541, 2.542, 2.544 THROUGH 2.547, 2.561
THROUGH 2.564, 2.622 THROUGH 2.624, AND DELETING
SECTION 2.565, SUBDIVISION IV AND 2.601; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has agreed to amend and delete certain
sections of the Code of Ordinances relating to purchasing, as set forth in this Ordinance;
now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. Section 2.541 of the Code of Ordinances is hereby amended to read as
follows:
Sec. 2.541. Definitions.
Commodity means any of the various supplies materials, goods, merchandise,
equipment, and other personal property purchased, leased or otherwise contracted for
"=-- by the city, unless coming within the definition of Public works contracts. However,
commodities purchased for resale are excluded from the bidding provisions of this
division. Award of contract for resale commodities shall be made b the
res onsible de artment director.
Electronic coordination signature means, with respect to the processing of a
purchase requisition, the approval of the requisition by means of a password-protected
and coded authorization transmitted by computer.
Public works contracts means all contracts involving construction for the city.
Purchase includes a purchase or a lease of more than one year.
Standardization means criteria utilized to support the purchase of specified
productisj orproduct lines to include training, service support, repair parts
availabilltX and cost, and relationship to current inventory.
Vendor means a prospective vendor who submits a bid, a proposal, or a
quotation for the sale of a commodity or service to the city in response to an invitation
to bidlguo#e, OF whe isineluded on the-yende% list maintained by the PUFGha6ing agent
asPr9yided h8F8!R
Section 2.542 of the Code of Ordinances is hereby amended to read as follows:
Ordinance No. 6422-99
System adopted.
In order to establish efficient procedures for the acquisition or use of
commodities, services, and public works projects; [ ' , ,
] at the lowest possible cost commensurate with quality
needed; to exercise positive financial control over purchases; to clearly define and
implement the purchasing function and to assure the quality of purchases, a purchasing
system is hereby adopted as provided in this division.
Section 2.544 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.544. Purchasing agent
(10) [ReGemmend the ] Transfer [s#] surplus [aRd wnu6ed] commodities
between departments as needed;
(13) Donate or dispose surplus property with a current market value of
less than the fixed asset control level.
Section 2.545 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.545. Submittal of requests to purchase commodities or service.
'Departments shall electronically submit requests to purchase commodities or
services to the purchasing agent on purchase requisition forms or by other means as
may be prescribed by the purchasing office.
Section 2.546 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.546. Purchase orders or contracts to be used.
Purchases of commodities and services shall be made only by purchase orders
and/or other written contract executed by the purchasing agent. Except as otherwise
provided in this division, no purchase order shall be issued unless the prior approval of
the city manager has been obtained. The purchase order authorizing the expenditure
of funds shall be signed by the purchasing agent. Construction contracts exceeding
$25,000 shall be made by both purchase order and written contract.
Sec. 2.547. Vendors list.
The purchasing agent is authorized to maintain a list of vendors for the purpose
of mailing notices inviting bids or requests for proposals or soliciting quotations from
time to time. A vendor who desires to be included on the vendor's mailing list shall
complete and submit a vendor's application. The Public Works Administration
prolect "Pre-qualified Contractor's List" will be maintained by Public works.
Contractors who desire to be Included in the public works project bidding
2 Ordinance No. 6422-99
process shall complete and submit the re ualification re uirements to Public
works.
Subdivision II. Purchase of Commodities, Services, and public works contracts*
Section 2.561 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.561. Purchases over $10;990.09 $25,000.
Except as otherwise provided in this division, the purchase of commodities or
services of an estimated value more than [$ 9 09 911 $25,000 [eF4 ere], 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 [ Wea ] one
time in a newspaper of general circulation within the city and shall include a
general description of the commodities or services 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 [fii%t4 publication shall be not less than 4-2 10
calendar days before the opening date. [ The seeend publiGatien shall be net
leas than five ralendaF days P09F W the epening date and net less than s o
.] Sealed bids shall also be solicited from
responsible prospective vendors including those [w#ese-RaflRes-aye} on the
` registered vendor's list.
Security (bid bonds). When the estimated cost of a public works contract is
$100,000.00 or more, 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.
(5) Award of contracts. [ i ,] Contracts
exceeding $25,000 shall be awarded by the city commission to the lowest
responsible vendor.
(7) Change orders.
(a) Contract price increases shall not exceed $25,000[:-A9] over the most recent
commission-approved contract price, in any one change or cumulatively for
the same contract.
(e) City manager approved contracts may not exceed $25,000[:99].
Section 2.562 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.562. Purchases for Vesr, than ] $25,000 or less.
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Ordinance No. 6422-99
Except as otherwise provided by this division, purchases of commodities or services
of a value of [$10;009:89] $25,000 or less, may be made in the open market, pursuant
to the following procedure and without observing the procedure prescribed in section
2.561:
(1) Minimum number of quotations. Open market purchases shall [,-whenever
$esr,ible ] be based on at least three quotations and shall be awarded to the
vendor making the lowest responsible [big] 9uote.
(2) Quotations shall be solicited by either written request, which may include
facsimile transmission, electronic mail or by telephone.
Sealed written quotations bids. Sealed written quotations received in response to
written solicitations for quotations shall be submitted to the purchasing agent
who shall keep a record of all open market orders and [bids ug otes.
(4) Rejection of quotations. The city manager as purchasing agent may:
(a) Reject all [bWe] guuotations; or
(b) Reject all [bide] guotations and [feebtaiff] re-obtain [bids] uog_ ations
pursuant to the procedures prescribed in this subdivision.
Section 2.563 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.563. Disqualification of apparently lowest responsible bid or quotation.
(4) A vendor's product that is different from the City's standard.
Vendors who submitted a bid o? quotation and were not selected may appeal the
decision of the purchasing manager through use of the bid protest procedures, a copy
of which shall be available in the purchasing office. Protesting vendor must include a
fee of 5% of the selected vendors _total _bid to offset the City's additional expenses
_related to the protest. This fee shall not exceed $2,500-nor be less than $50. Full
refund will be provided should the protest be upheld. No partial refunds will be
made.
Section 2.564 of the Code of Ordinances is hereby amended to read as follows:
Sec. 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 or designee certifies [In-wF+t+ffq] via electronic
coordination of the purchase requisition describiMto 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 or designee shall
4 Ordinance No. 6422-99
,..,? 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 [subject-to
me i ]. Emergency purchases that exceed the
purchasing agent's. authority must be approved by he-city
commission at the earliest regular or special public meeting
thereafter.
(b) Commodities or services are available from a sole source, after
determination by the purchasing agent upon review of written
summary of facts from the department director or designee requesting
the purchase.
(c) The amount of purchase is [less thaA] $1,000 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.
(g) Services rendered by [phYsisiass;-attenaeys] health services
including mental health, legal services. including paralegal, experE
witness, appraisal or mediator services: auditors; academic and
lecturers: or services provided. by_persons with mental or
. physical disabilities under not-for-profit corporations.
(i) Commodities that are purchased _b_y_the City for resale.
(2) Purchases [in emeess-e#] over $25,000 made pursuant to this section
shall be submitted to the city commission for approval..
Section 2.601 of the Code of Ordinances is hereby deleted.
Section III. Reserved*.
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Section 2.622 through 2.624 of the Code of Ordinances are hereby amended to read as
follows:
Sec. 2.622. Surplus sales over $5,000[90].
Except as otherwise provided in this division, following authorization by the city
commission., the sale of an item or of common bulk items of an estimated value greater
than $5,000.00 shall be through public auction or open market [by WFitteR-seRtFast
Ordinance No. 6422-99
+ apl3reyed] pursuant to the following procedure:
Notice inviting bids (open market on1y?.
Bid opening procedures ]open market only).
U Rejection of bids (open market only).
Sec. 2.623. Surplus sales under $5,000.[90.]
Except as otherwise provided in this division, following authorization by the city
[semmissieR manager, the sale of an item or of common bulk items of an estimated
value of $5,000[99] or less may be made YR4he] through public auction or open
market, pursuant to the following procedure and without observing the procedure
prescribed in section 2.622:
Sec. 2.624. Exceptions to [tie] auction sale bidding procedures.
(1) The market value of items to be disposed of is not estimated to exceed
($699.99] the current fixed asset control level and-may be disposed of
as the Ci Manager deems necessa .
,(5) The [suFPk-1s-sales -e#sef] city manager determines that [the nat Fe ef the
items is surh that disposition undeF bidding PFOGedUFes IS knpFaetieal,
donation to
charitablelnot-for- rofit organizations Is in the best interest of the ci .
(6) The department director or designee may recommend trade-in as being
in the best interest of the city..
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
I-
Approved as to form:
oK--Rarassas, Asst. City Attorney
November 18, 1999
December 9, 1999
Z- 41-
B mmissi ner
Attest:
4 Xelm4e.'
Cynthia E. Gou eau, City Clerk
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ordinance No. 6422-99