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6422-99 o RDINANCES A. I I ?G3 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. 3 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*. s s+eE i ts - 11- ?:. 5 Ordinance No. 6422-99 the eity7 t 4 P aP9F, ef ( ) , d GGFda e after t h6?-, iGh th ey have passed thMU gh thBiF end 6 GenswmeF item s*; and mixed FRuRieipal selld waster. tFi }Rgfi,3f NEB-etheF6A Fells, and MW 4ndude aGh iRe-Felix-(mill Weke); R0--e)dFa6tiye eFWeedGu#iRg PFA 6 Ur9 eUG186 baFk. } . 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 7 ordinance No. 6422-99