Ordinance 87-823OADI NANCE N0. H23
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING
THE CODE OF ORDINANCES BY CREATING A NEW CHAPTER (16.5
~ PURCHASING); PROVIDING FOR CONFLICTS, SEVERAB ILITY AND
EFFECTIVE DATE
WHEREAS, the City Commias ion has determined that the Code of
Ordinances require amendment to provide rules and procedures
governing purchasing by the City of Longwood;
NOW, THEREFORE, EE IT ORUAI NED eY THE CITY COMIAIHSION OF THE
CITY OF LONGW000, FLORIDA, AS FOLLOWS:
@EQTjQH_j. That the Code of Ordinances be amended by
including the following new Chapter, 16.5 Purchasing.
Chapter 16.5
PUACHASING
ARTICLE I. DEFINITIONS, PURPOSES, RVLES OF
CONSTRUCTION AND APPLICATION
Sec. 16-5-1. Definitions.
As used throughout this Pnrc has ing Chapter, the words and
teems defined in this section shall have the meanings set forth
below unless:
A. The c which they are used clea[ly [equi[es a
different meaningeXOr
B. A different deEinit ion is p[es cribed for a particular
section o[ po[t ion thereof.
1. Aid sond. "Bid bond" m a form of bid s rity
ted by the bidder as npr incipal and by a ety
to gua[ant ee thae the bidder will enter into the
ithin a specified time and furnish any
r requiaed pe cforman<e bond.
2. Bid degas it. "e id deposit" m of m ney o
eetified/cashier's check deposited byma bidder toc
qua[antee that the bidder will enter into the
ithin a specified time and furnish any
req aired performance bond.
3. Business. "Business" any corporation,
pa [t necship, individuale, as ole proprietorship, joint
ock company, jo inc vent u[e of any othe[ legal
entity th[ongh which business is conducted.
4. City. "City" m ns the City of Longwood and shall
include the CityaCOmmission, any department, board,
mittee, uthor ity, agency o other
establishments o[tofficial of the governmentro[ this
City.
5. Competitive bidding. "Competitive bidding" m
the of Fe z, a a price, by vendors competing fo[na
contact to supply specified goods or se[vtces.
6. Confidential information. "Confidential
information" m any information which is
ail able to aepe rson only because o[ said pe [s on's
status a employee of this Ciiy and which i t
mat teisofnpubl is knowledge or available to theno
public on req ues[.
]. Construction. nstcact ion" m s the p[o s of
building, altering, [epairing, imp [ov ing, o
demolishing any structure, building, coadwaye or
othe[ improvements of any kind to any [e al property. ~
it does not include the routine operation, routine
[epai out ine m int enance of e ing
structures, buildings or real property.
s. Contact. act" m all types of City
agreements [egardless otwhat they may be called,
for the po[ch ase or disposal Df supplies o
ncludes ontr acts for a fixed prr
ost,ccost plus a fixed cfee, o entive c acts,
acts proving for ehe i cof job o ask
ode [s, leases, letter coot tact sCeand purchase
o[de [s. It also includes supplemental agreements
with respect to any of the fo[egoing.
9. Coot [act modification. "COnt[a<t mo di Eicat ion"
any written alteration in specifications,
delivery Point, rate of del ive [y, period of
performance, price, quantity, or other provision of
any contract.
30. Contract oc. "Contractor" means any person having a ~
contract with the City.
11. Cooperative purchasing. oope[at ive parch asing"
s procurement conducted by o on behalf of mo [e
than one public procurement unit.
12. Data. "Data" m orded in £o rmation regardless
of form or characteristic.
13. Debarment. "Debarment" m a disqualification o£
a person to [ ceive 1 s for Bids or Requests
for Propos al seo the a acdtof nc acts by the City
£or a spec if iedrperioawof t ith the
gravity of the offense or the efailureso [thew
Inadequacy of pe[EOrmance.
14. Des ig ne "Designee" a duly authorized
representative of a personsholding a supe[io[
position.
15, a supplies. supplies" m supplies
havinq [ ing usefulsi if e, but whicta
longer required by the using agency in possession of
said supplies.
16. Financial interest. "Financial interest" meana.
a. Ownership of any interest o vol vement i any
relationship from which, o salt o£n
which, a per it hin the Last year has
ved o onpresently o n the fat ate may
[ece[ve any financial benefit.
b. Owne eship o[ any interest in any business except
publicly held stock.
c. Holding a position i a business, such a
office[, director, trustee, partner, employee or
mila[ position o[ holding any position of
management.
I]. Invitation for bid. "Invitation for bid" all '~
doc ncluding those attached o o[porat ed -
by cefe[ence utilized for sol icit ing rb ids.
18. Performance bond, erfo[mance bond" m a bond
of a ont[acto[/vendor i which a etyaguarantees
to the City that the work/sere ice ssw ill be pe rEDrmed
Dyson witn the contract aoenments ana may,
n the discretion of the City, rnclude a letter of
c[edit issued by a financial cn st rt ut ion.
19. P any business, individual,
mittee, cl ubsor other organization or
g[oup of individuals.
20. Procurement. the buying,
purchas inq, [ ingurleasingmo nothe rw ise obtaining
any supplies,as any of her
em (s). it als ov includesnallufunet ions that
pe [fain to the obtaining of any supplies, s rv ices,
nst ru ct ion o any other item(s), including
descr ipti ofrrequi selection and
s of icieat~on of s enp repay at ion and a and o£
contracts and ail phases of contract administeat ion.
21. P ent Officer. "PCOCU[ement office["
(gene[ally [estri<ted to Purcnasinq Agent) m any
per n duly author zed t and administer
and make[wr ittenodetermina[ions with
espe ct ttheret o. The term also includes a
authorized cep rese ntat ive acting witnin the limits
of authority.
22. Request foi proposals. Request for proposals"
all documents including those a ached o
orpor ted by reference utilized Eo rtsoi is it ing
propos ala.
23. Responsible bidde [. espansible bidder" m
pe [s on who has the capability i all cespectssto
pe [form fully the contract requirements and the
integ city and reliability which will assure good
faith performance.
24. Res pon a bidder. espons ive biader" m
pe[ swho has submitted a bid which conforms to all
material respects to the invitation for bids o[
proposals.
25. s rvices" m s the furnishing of labor,
time tco effort by a ontr actor, not i vol ving the
delivery of a specific end product of ner than
reports which a rely i cident al to the required
performance. Tnismt ncl odes cofess Tonal
services", a rcpt p[ofessional architectural,
enginee[ing,xlandscape rch itectural and
land-surveying s and does not include
employmene ag reementses
26. Specifications. "Specifications" m clear,
omplete and a rate statement of Chest ethnical
require s descriptive of a item and if
applicablet the p[oced ui es tonbe followed t
Bete [m ine if the [egni met. It may
nclude a desc[ipti ofmanysrequi en[ Eo[
nspe c[ion, testing or preparing a supply o[ serv rte
rt em for delivery.
22. Supplies. supplies" m all expendable items
n cl ud ing Eurnisn ings andnma[e[ials, but excluding
equipment, land and buildings or a permanent
[n terest in land.
28. Surety. "Surety" m o[g aniz a[ion wnich, for a
sideration, promises i [it ing to make good the
debt or default of snot hec.w The s eety must Hold a
tificate of out ho city a rcpt able s ety o
federal bonds as publ is hedsi nthe c ent 520, U. Sn
Department of the Tieasu[y, and [heaFederal Register
effective Suly 3 annually, as amended.
29. Surplus supplies. "Surplus supplies" m any
supplies no longe[ having any u o this nCity.
This includes obsolete suppl ies5es rap materials,
and expendable supplies that have completed their
seful life cycle and those i ned o r to the ~
Pu cchasing Agent by the LongwoodsPOl ice Department
foc disposition.
30. Surplus Equipment. "Surplus equipment" m all
personal n -expendable property that i onlonger
eeded o sed by the o ing agency, t nclude
desks, chairs, table, office equipment s rap
tags, repo[ted to P [chasing for disposition
eiY he[ by ttransfei, scrap or sale.
31. Suspension. "Suspension" m the disqualification
of a person to [ e Invitations for Bids o
requests for Proposals o the award of a contract by
the City fo[ a given peciod.
32. Using Agency. ing agency" any department,
Commission, boards c nst it ut ion, au[Fority
other establ ishmentmo tof ficial of this City
which ut iliz any supplies, s ce s, o[ any other
item procur edsunder this Chaptervi
1
Se<. 16-5-2. Purposes. Rules of Construction.
A. Liberal interpretation.
1. This Chapter shall be libe[al ly c ued and
applied to pc omote its anderlyingopacposes and
policies.
e. Objectives. The underlying purposes and policies of
this Chapt e[ are.
1. To simplify and cla[ify the law governing
procurement by the City.
2. To per t the < nt inued development of p[ocur ement
policies and practices.
3. make a ist ent as possible the procurement
laws a ong thesvarrous departments and agencies of
this City.
4. o provide for r sed public confidence in the 1
procedures used inrpubl is procurement.
5. To s e the advantages of a ent [al ized
pr oc u[ement and materials management process.
fi, a far[ and equitable treatment of all
per s rnvolved with the p[oc ur ement system of tFis
Ci[y.n
]. o provide r sed e omy and e e to the
fullest a entrpc act i<al~ the purchasing mvalue of
public funds of this City.
S. o promote effective broad based competition within
the free enterprise system.
9. To provide adequate i nal safeguards for the
maintenance of a qual ltyrp[ocur omen[ system.
Sec. 16-5-3. Supplementary general p[inciples of laws .~
applicable. ,
^nless specifically displaced by particular provisions of
this Chapte[, the p[inciples o[ law and equity, the Uniform
Comme[<ial Code, the L rchant, the law relative t capacity
to contract, principalaandeagent, fraud, mvscepresent at ion,
dui rake or bankruptcy shall suPPlement the
prodsio~seoeltniamcnapter.
sec. 16-5-4. Requitement of good faith; background
anvesti9 at ion.
This code [squires all parties i valved i the bidding,
proposing, neg oiiat ion, performance, o administration of City
acts to act [n good faith. a par of the evaluation
p[o she City may condo ct a background i tigation,
ncluding a ord check by the Longwood Pol i<esDepa[tment, of
bidde[s and propose [s. submission of a bid or proposal
nst it ut es acknowledgement of this p[ocess and consent to such
Investigation.
sec. 16-5-6. Application.
A. Gene[al application. This Chapter applies only to
ontra cts solicited o[ entered into after the effective dace of
this Chapter.
B. Application to City procurement. This Ch apte[ shall
apply to e e[y expendit u[e of public funds by this City unless
empted to a ordance with Section 16-5-12 or by specific action
by The Longwood City Commission.
sec. 16-5-6. Construction against implicit repealer.
This Chapter i intended to provide uni Ee rm c rage of
subject matters No part of this Chapte shall be deemed to
best mpl iedly repealed by subsequent legislation, if such
nst[act ion of the subsequent legislation can be [easonably
avoided.
ARTICLE II. PROC DREMENT ORGANIZATION
Sec. 16-6-~. Creation of the Department o£ Purchasing.
There is hereby established a nepa rtment of Purchasing which
shall be headed by a ciey empi oyes he [einafter [ef er red to as the
Purchasing Agent.
sec. 16-5-B. Appointment. Compensation.
A. The Purchasing Agent shall be hired by [he City
Administrator and shall [ uch compensation as rs duly
appropc fated by the Cixy Commi=sion.
The P rchasing Agent shall be bonded by the City in the
sum of five hundred thousand (5500,000).
Sec. 16-5-9. Authority of the Pu[ch as ing Agent.
A. Principal c ing officer. The Purchasing Agent
shall s the ce nt[altp[ocurement officer of the City and
shall haveethe autho[iiy to a aid bids, contracts and sign
Pu[chase 0[ders with a dollarwa unt up t and [ncluding fifteen
nuna[ea collars tsl,s oo). cont~aota i of Baia a uni
shall be p[esented t the City Commisslonxfo[sfinal a aid. The
[chasing Ageni shall have the cut hoc ity [ sell, trace, donate,
destroy, t nsfer o othe[w ise dispose of su[plus supplies,
u[plus equipment o of her pc operty regardless o£ dot lac amount,
with a nthly report of such dispositions to the City
Adm in istrato[.
B. adopt internal operational procedures.
Con ist entow ithtthe provisions of this Chapter, the Purchasing
Agent shall adopt ope[at tonal proceaures gove[ning the internal
Eunct ions of the nepartment of Purchasing.
C. reduce: Subject to r and approval by the City
Administrator, the P rchasing Age n[zshali adopt ope [at tonal
procedures out lining uforms and procedures to be utilized by the
vacuous using agencies.
Duties: cept a otherwise specifically provided v
this Chapte[, [he Purchasing Agent shall, 1n accordance with n
policy app[oved by City Commission:
1. supervise the p[oc ur ement o£ all ti
supplies,rs other items a eeded by the
City excepteas otherwise provided insthis Chapte[.
2. supervision and c [ol o equipmenT
save ntor ies and supplies belong ingvto the City.
3. Sell, trade, donate, destroy, transfer, o otherwise
dispose of surplus equipment and suppliesrbelong ing
eo one city.
4. tabl ish and m n programs for the inspection,
testing and a ceptance of supplies, s etc.
oope[a[ion with the Depa [tment using [t hese
supplies and serv ace s.
5. Establish and maintain a pr og[am fo[ [he development
and usage of stanch rd specifications for supplies
and se [v vices, etc.
6. a the lowest or hig hesi responsible and '~
[esponsive bidder/p~opos e[, as the case may be.
]. cep informed of c eat developments [n tfie field
of purchasing, price, market conditions and new
p[ocedures.
e. Prepare and maintain such farms a nab ly
ary to the effective ope[ationrof rtheo
Purchasing system.
9. Prepar and m vn a vendor's catalog file by
aenaoreeommoaaeyea
10. Utilize bulk purchases where possible so as to take
aavantage of aiscovnts.
11. Join with other units of government v ooperat ive
purcfi axing plan when the best vn[e[est o£ the City
would be serveds
12. P rchase from Flo[ida Skate Contracts and the U. S. 1
ral Se[v ices Adm inist[at ion when the best
vat crest o£ the City would be served.
sec. 16-5-14. Delegation of aut ho[ity.
Subject to policy approval by the City Adminis t[at o[ and/or
City Commission the P rchasing Agent may• a eed, delegate
authority to designees, depa [tment (s), agency (s) or off icialls).
Sec. 16-5-11. Cent[al iz at ion o£ procu[emen[ authority.
Except a otherwise provided, all rights, powers, duties and
athor ity relating to the procurement of supplies and s
and the m nagement, control, w rehousing, sale and dis posalco£
supplies and s ted i sed by any u inq
department or of fi<esareoher eby tr ansEerredrto the Purchasinq
Agent.
xel at ionship with u inq agencies. The P [chasing agent
shal3AObtain expert advise and a istance from pe[sonnel o£ asinq
agencies i the development of specifications and may, a 1
a[y,ndelegat rit ing to a ing agency the approval and -
autho[Ety to pr epare tats own specification.
Collection of data c ing procurement. All u ing
agencies shall faro ish such [epo[ts a the P rchasing Agent may
[equine concerning usage, needs and stock onufiand; and the
Purchasing Agent shall have the authority to prescribe Eotms to
be sed by the u ing agencies i requisitioning, ordering and
reporting of supplies, servrces and construction.
Sec. 1fi-5-12. Exemptions.
Dnless othetw ise ordeced by policy, the following
supplies/services shall not be procured Through the Department of
Purchasing, but shall n ertheless be procured wherever
applicable, subject to the requirements of this Chapt et:
Salaries petit Service Requi[ements
Taxes Ente r[ainment
tilities Land Purchases
Donations Auto Allowance
Legal Adveetising
Construction Judgements
Collective Bacgai inq Aqre cots Axch it ect ur al s
Landscape A[ch it e<tu[al Se[vi<es Engineering serv iceses
Pensions Land Surveying Services
Sec. 16-5-33. Appeal of Purch acing Aqe nt Decision.
1. Any a ual or prospective bidder, proposer, offeror o
ontract or whoci aggrieved i ect ion with a solicitation o
a[d of a bid o act may protest to the Purchasing Agent r
within s n (~)rcalenda[ days aft ec such aggrieved person knows
should have known of facts giving c thereto. aid ptot est
shall be ing and shall state withespecificitysthe grounds
therefor andwal so the action requested of the Pur chasing Agent.
2. The P rch as ing Agen shall attempt to settle o solve
protests. Protests not s settled o solved shall becsubmitted
to the City Administr at oroby the Purchasing Agent.
3. Decisions of the City Adminis tratoz may be appealed to
City Commission by submission to the City Clerk of a itten
request fo[ hearing within s n (]7 calendar days following such
decision, mhe w request eshall state with specificity the
grounds for the appeal and ai so the action requested of City
Commission.
4. A decision under this section shall be final and
ncl us upon the protestant and shall rep[esent the position
of the City.
5. mely filing of the protest and/or appeal to City
Commissionris jurisdictional.
6. In the e ent of a timely protest and/or appeal, the City
shall not proceedfurther with the solicitation o with the award
of the bid/contract unless the P rch using Agent, after
sultati on with the head of the u inq agency, forwards t the
City Administrator a citten request [ aid the bid/contract
without delay rn order to protect the ~nt crests o£ the City.
ARTICLE III. SOURCE, SELECTION AND CONTRACT FORMATION
SEC. 16-5-14. Methods of sou[ce selection
Doles otherwise authorized by law o ordinance ali
purchases shall be made by competitive p[ocedures a cept as
specifically provided in Sections 16-5-17 and 16-5-20.
D. The p[efecr ed method of procurement shall be competitive
ceases bfaainq.
C. Where only o e bid or proposal is i ved, a and may
be made to such bidder o[ proposer if the Pucch as ing Agent
determines: (1) that the price submitted is Eait and [ Wahl e;
(2) that other prospective bidde[s o[ proposers had a nable
opportunity [ espond; and (37 that there is n adequat cot
foc a solicitation. Otherwise, the bid o[ proposal may beme
rejected pu[suant to Section 16-5-21, and the Purchasing Agent
may: (1) c cel the proposed procurement; (27 solicit n w bids o
pr oposals; aor (37 pcoceea with procurement pu[suant to Sections r
16-6-19 or Section 16-5-20 as appropriate.
Sec. 16-5-15. Competitive sealed bidding.
inv it ai ion Eor bids. Whet ompetitive sealed bidding
utAi ized a n for bids shall be i ued which shall
nclude a purchase [desc~ipt ion and all c ract ual terms and
condieions applicable to the pr ocu[ementont
B. Public notate.
1. Adequate Public W of the i n for aids
shall be given a of Eifteena(15) calenda[
days pri o themdat eus t fo [th therein for the
opening of bids. uch n may include
publication i ws paperrof general c cul at ion, a
of fifte ne(15) calendar days prior to bid
opening. The public notice shall state the date and
time o£ bid opening.
2. Where it c n be demonst [ated that a ergency
requirement for supplies o fists, the
requr t for public n mayube w ved by [he
appropriate pro ent officer. See Section '~
16-5-20, emergen cyaProcurement.
C. aid opening. Bids sn ali be opened publicly in the
pre of o at the time and place
designated inntheri vit at ioneforsb id. Tne a of each bid,
and such other relevant in Eormat ion a may benspeciEied in the
n for bid, togetnee witfi mean of each bidder, shall
bev[ o[ded. Bids and bid file shall bemavailable fo[ public
anapection after opening.
B. Bid a ceptance. aids snail be unconditionally accepted,
except as authorized in this Chapter.
E. Correction o withdrawal of bids. Correction o
witnd rawal of inadvertently e s bida shall be permitted up
to the time of bid opening. Afte roB id opening, n cn anges [n bid
pri other provisions shall be per ted; provided, however,
tnee rcnasing Agent shall have the authority to warve m[no[
rrreg ul arrt res.
F. Bid evaluation and a ard. Bids shall be evaluated based ~
the tequi[ements s t fort hwi the i vitation fo[ bids, whim
may include c a to determine a ce pt abil ity, such a
nspe ction, testing, quality, orkmansh ip, delivery ands
uiT ability Eor a particular purpos Tnose c a that will
affect the bid price and be c sidered i valuation for awa [d
shall be objectively m [able, such asnd is counts,
transportation costs andstot al or life cycle costs, etc. The
Invitation Eor Bids shall set forth the evaluation c o be
sed. may be used in bid evaluation that rare not set
inrtn inntne[i~~ieauon fo[ Biaa.
1. Tne c aet snail ne a araea to the [eapenainle ana
esponsive bidder whos ewbid m the requirements
and criteria set forth in then[ vitation for Bids.
In determining "lowest responsible bidde [,° i
addition to the bid evaluation criteria above the
following may be considered:
A. Tne ability and skill of [he bidder to pe rfo[m
Lne ooneraet.
1
B. whetner the bidder c n pe[EO rm the contract o
provide the supplies/services p[ompily, wren ut
delay or within the trme specified.
C. Tne quality of pe[fo[mance of previous contracts
or services.
G. Multi-step sealed bidding. When it v side[ed
impractical (due to i sufficient data, u iequirements,
et e.d basedit ial ly prepare a purchase description to support a
est in the submissionrofi ation foo proposals may be is ued
cequ g unpriced ffecs to be followedsby a
invitation for Bids limited to those bidders whose proposals nave
been qualified nude[ the criteria set forth in the invitation Eor
proposals.
Sec. 16-5-16. Competitive sealed proposals.
Dete[mination of u Wnen the Purchasing Agent
determines that the a of competitive sealed bidding i either
t practical o not advaneag eo us to [he City, due to existing
arket conditions o the type of s rv ice/supply required, a
act may be entered i through r eipt of competitive
Baled proposals. Competitive sealed proposals may also be used
for the procurement of prof ese ional se rv vice s.
e. Request for proposals. Competitive sealed proposals
shall be solicited through a request Eor proposals.
C. Public notice. Public notice of the request for
proposals shall be given in the same manner as provided £or
competitive sealed bidding.
Receipt of proposals. Proposals sn all be opened as
provided in Section 16-5-15 C.
Evaluation factors. The request for proposals shall
stat eErelat ive impo[t ante of p[ice and other evai nation factors.
F. Discussion with responsible offerors and r
proposals. s provided in the reque t for pcoposalsVidiscussions
may be conducted with responsible offerors who submit proposals
determined to be r nobly a ceptable of being selected Eor
aid for the purpose of clarification and to a e full
underst andinq oE, and responsiveness to, the solicitation
reque Offerors shall be a orded fair and equai
treatment nw ith [espec any opportunity for discussion and
of proPOSal st and Bach r may be permitted after
submission pre c to a a[d Eo[ kne purpose of obtaining best and
final of Eers. oIn conducting discussions, tnece shall be n
disclosure of any intormation derived from proposals submitted by
ompeting of Eerors, e cept a may be required by the Florida
Public Records Law, Cnapter 119, Fl o[ida Statutes.
G. ord. and snail be made to the responsible offeror
whose proposal iswdeterm fined to be the most advantageous to the
City, taking into c Sider at ion the evai nation factors set forth
n the request for proposals. No other factors o shall
be used in the evaluation. The c tact file snailcconta in the
basis on wni<n ene awara was maae.nt
Sec. 16-s-1]. Small Purchases
where i s determined, by policy promulgated by the
Purchasinq Agent, that i itner not practical o noT
adv an[ageous t the Cityttosco nduct competitive sealed bidding o
ompet it ive sealed proposal procedures, purchases may be made in
the open market without n wspaper advertisement and wit Hoot
strictly observing the procedures prescribed in Ee ct ions 16-5-15
and 16-5-16. Any purcn ase not a eeding $l,$OO.OO may be made i
a«oraance witn the small pnronase pro<eaares anger tnis section.
Minimum number of quotations - All open market purchases
shallA wheneve[ feasible, be based o t least three (3)
ompetit ive quo and shall be nmade e the business
offering the lowest a ceptable quotation. The n of the
business submitting acquot at ion, and the date andma of each
quotation, shall be recorded and mount ained as a publ ictrecord.
B. Notice Inviting quotations - Quot at cons shall be
solicited by:
1. Oire ct mail request to prospective vendors;
2. Telephone; or
C. Recording -The Purchasing Agent shall keep a ecord of
all open a[ket orders and The quotations submitted i
ompet it ion thereon, and such [ ords shall be a ailable for
pnbl is inspection. Said c ordscmay be dis posedvof as indicated
rn State Records Retent ione[equicement s.
Purchase from Rede[al, State, County and other City
Contracts - The a [ch as inq Agent shall have authority to purchase
directly from federal, state o my contracts or from other
city contracts for cooperative purchasing r ordance with
procedures p[omulgated by the Purchasing Age n[cc
sec.16-5-18. Field Purchase Order
A. Any procurement note eed ing the a unt of $100.00 may
be made ordan ith ei eld P rchase Ocdec procedures
promul gatedaby the P rch asi ng Agent provided, however, that
procurement requirements shall not be artificially divided so as
to constitute a Preld Purchase order.
B. Any purchase a eeding the m unt must be made
o rdance with procedures outlinedzinusections 16-5-15
though 16-5-17.
sec. 16-5-19. Sole source or negotiated procurement.
ontract may be a a[ded foe a supply, s
nstru ct ion item without competition when theaPUrchasing Agent
determines that there i only o e Eor the required
supply o nst cu cT ionni [ by negotiation whe[e the
procu cement by competitive proceduc eso is not feasible or
prat icabl e.
Sec. 16-5-20. Emergency procurement.
withstanding any other provision of this Chapter, [he
rchasing Agent or his designee may make o authorize othe[s to
make a ergency procurement when there e fists a th[eat to public
healthm welfare, o safety as determined under a ergency P rchase ti
Procedures pcomulgated by the P rchasing Agent, p[ov ided that
uch e ergency procurements shall be made with such competition
s is practicable under the c mstance s. A fall written
determination of the basis ofr the e ergency and for the selection
of the particular co n[eactor shall be included on the a ergency
purchase form and shall be filed as a permanent and public
record of the purchase.
sec. 16-6-21. Cancellation o rejection of invitation for bids
or eeq nest for [proposals.
An i n for bids, a request Eor proposal o other
solicit at ionimay obe delayed o celled o all bids or proposals
may be [ejected [ whole o n part a may rbe specified in the
solic tat ion if i s determined by the P [chasing Agent that
such action is rntthe best in te[est of the City.
sec. 16-5-22. P[eq ual iEication of suppliers.
ospective suppliers may be requited to be pr equal if red
for particular types of supplies or se rv rce s. r
solicitation mailing lists of potential c ors
shall include, but not be limited to, such p[equalitiedct
supplies.
Sec. 16-s-23. App[ov al. of contracts, bonds, and certificates of
All contracts under this Ordinance shall be subject to
approval as to Eorm and legality by the City Attorney. All bonds
and certificates of i required by this Chapter shall be
subject to approval of tbenPUrchasing Agent and Director of
Types o£ contracts
Firm fixed pri ontr act ing is the preferred method,
how any type ofec act wht<h will promote the best
interest of the City maytbe used. A cast reimbursement contract
may be used only when a determination bas been made that such
ontract is likely to be less costly to the City than any ocher
type or that it r imps cal t obtain the supplies, servrces
or const [action requiredcexcept under such a contract.
sec. ib-6-25
A. specified period. Unless otherwise provided by law, a
ontract for suppliea o may be a red i o Eor any
period of time deemed to her incthe best interest oftthe City,
provided the term of the contract and conditions of r wal o
if any, ncluded rn the solicitation andef unds[are
ail able for the firstrfis cal peciod at the time of contract.
Payment and performance obligations for a ceding fiscal perioda
shall be subj ec[ to appropriation by the City Commission of funds
thereof.
0. Cancellation due to a vail ab it ity of Eu nds i
ceding fiscal periods, when funds a appropriated o
otherwise made a ail able t support continuation of performance
subsequent fiscal period, the contract shall be c celled
andathe c shall be e titled t imbursement for [he
nablenval neoo£ any n ing <ostei red but n
adve~t ised in the p[ice ofntheusupplies o rv vices delivered
unde[ the <ontract o[ otherwise recover ablese
Sec. 16-6-26. Aig ht to inspect facilities.
The City may at r nable t nspect the facility o
place of business of a any sab-contractor which is
related to khe perfo[mancet ofcany contract awarded or to be
awarded by the City.
sec. 16-5-27. Right to audit records.
The City shall be entitled to audit the books and r orris of
actor o any sub-contractor to the extent that such books
and r ords relate to the performance of such c act o
sub-contact. Such hooka and r ords shall be m intained by the
r for a period o£ th ceec (3) years from the date of final
paymentt under the sab-contract unless a shorter period is
otherwise ant horized in writing.
Sec. 16-5-28. Reporting of anti-competitive pcact ices.
When for any r collusion o other a - ompetit ive
practices a uspe ct edna ong any bidders offe[s,ca notice of the
r el ev t fac small be t mitred to [he City Att ocney for
rnvestigationsa nd appropriate action.
ARTICLE IV. MODIFICATION ANV T TION OF CONTRACTS
FOR SVPPLIES ANO SERVICES
Sec. 16-5-29. Modification of co ntiact s.
Contract clauses. Subject t and approval by [he
City Attorney, [he Y rch as ing Agent i utho[ized to promulgate
and adopt regulations permitting o [equiring the inclusion of
chases providing Eor or relating to change orders,
modifications, o adjustments in prices, time of performance or
othe[ coot [act p[ovisions.
Additional contra clauses. Subject to r ew and
appo [oval by City Atto[ney,ct he Purchasing Agent [ ut hoiized t ~
ad pt and promul gat regulations including, but not limited to,o
[egulat ions pe zm ittinq o requiring the inclusion in City
ontracts of clauses providing appeoprf a[e remedies covering tFe
following subjects:
1. Liquiaa ted damages as app[op[iate.
2. Specified excuses fo[ delay or nonperformance.
3. Te[mination of the contract for default.
4. wFOle or an part for the conven[ence
of ctheaC ity.ln
s. Tnsa[anre [egai[ementa ana/or ^nola harmless
pmvis ions.
Sec. 16-6-30. Contractual remedies.
A. Authority to deba[ o[ suspend. ~
1. Aut ho[ity -
A. Tne P [chasing Agent shall Fave the authority t
uspend a per n f[o side[at ion far a and of
bids/contractt if the[eo is sufficient c
The suspension shall not exceed a maxrmnmsperiod
of six (6) months.
B. The City Commission shall have the aathoc ity to
debar a pe [s on f[om c side[at ion for a and of
bids/<ont[acT S. The debarment mall not exceed
a maxrmum period of three (3) years.
2. Causes fo[ debarment o aspen The c s for
deba[ uspensi on includelobut are not sl im it ed
to the efollowing:
a. Conviction o of a nal offense
cident to obtaininglo attempting to obtain a
pablic or private coot[ t sub-coot [act o
incrde nt to performance aof such contract o[ '~'
sub-<ont[act.
b. Conviction under state or federal statutes of
embez zlem the Et, forge [y, b[ibe ry,
falsification or destruction of r ords,
ing of stolen propecty o any otFer
offense indicating a lack of business integrity
r business honesty which c ently, s usly
and di [e ctly affects responsibility as a
co ntract o[.
c. Conviction unde[ state or federal a i-t [ast
statutes a ing out of the submission of bids
or propos alss
d. violation of material bid/co nt[act p[ov ision.
(i) Del ibe[ate fail u[e without good cause to
pe[fo[m i o[aance with ena
sp viaee iaeene cia% onr[a~e o e limit
p o [, '~
(ii) A r o[d of failu[e to perform o of
satisEa<t o[y performance r ccordance
~tn the te[ms of o
bids/contracts: P[ov ided that failu[e t
perform o[ unsatisfactory performance caused
by a s beyond the control o£ the contracto[
shal ltn t be considered to be a basis far
debarment.
(iii) failure of bidders to [espond to bid
rm itauon enree <onae<nt ive cimea.
e. Any other c se/material factor affecting
esponsibil ity a a City contracto[, rn cl ailing
debarment of a other governmental entity for any
of the causes listed in this section.
B. Authority to [esol ve contract and bleach of contract
1. Applicability - This s applies t
ont roversies between [heaC ity and a ont[act ox
which a unde[ o[ by v of a ontract between
them. This includes, withoutelim it at ion,
o nt rove rsy based upon breach of c act, mistake,
representation o of Hez cause fort contract
moaificaeion o[ rensron.
2. Authority -
a. The Purchasing Agent shall s ttie o solve
controversies arrsinq under this section.
b. All controversies not settled o solved by the
rchasing Agent sH all be submitted t the City
naminist[ator eor settlement or reaolueion.
T. Rignc to Appeal -
a. Decisions o£ the City Administrator may be
appealed to the City Commission. A w[itten
request snail be submitted to the City Cl elk
[eque st ing a Heating before City Commission
wit Hin seven (]) calendar days from decision.
4. of D - A copy of the decision, under
thiscse<t ioncshall be mailed o otherwise furnished
xmmediat ely to the contr a<to [.r
5. Finality of n - Any decision under this
ecf ion shall beaf final and conclusive upon the
contracto[.
@6CT;gd_2: All ordinances or pacts of old finances in
conflict Herewith, be and the same ace hereby repealed.
se~T?4N_1: If any section or portion of a section of this
old finance proves to be invalid, and aw ful o[ unconstitutional, it
shall not be held to rnval idate ec impair the validity, Eorce oc
effect of any of Her sectron of tH is ordinance.
__ TIQN_4: This ordinance shall become effective
rmmed iately upon its final passage and adoption.
FTR6T READI NG:___ ~~ _~ 9 8 2____ ___ _______
coND REnDxmc:___ _ ~ i 9d7 _ ___
19
6PA SSEG ND ADOPTF TH I3 /IT D/A~Y~l~/ J~'Uy~N~/E/(/~ A. D. Bl
nayor, Ci[y of L d, Florida
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Ci ty Cle[k~