R-2015-02 CITY OF CLERMONT
RESOLUTION NO. 2015-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA ADOPTING A PURCHASING
POLICY AS AUTHORIZED IN ORDINANCE 264-C, CITY OF
CLERMONT CODE OF ORDINANCES; REPEALING ALL PRIOR
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clermont has adopted Ordinance 264-C of
the Code of Ordinances authorizing the adoption of a Purchasing Policy;
NOW, THEREFORE, BE IT RESOLVED, that the City of Clermont Purchasing
Policy is hereby adopted as follows:
SECTION 1.
The City Council does hereby adopt the City of Clermont Purchasing Policy as set forth in
Attachment A, attached hereto and incorporated herein. The City Council of the City of
Clermont may amend the Purchasing Policy by Resolution when deemed necessary and in the
best interest of the City of Clermont.
SECTION 2.
Any resolution previously adopted by the City Council and in conflict herewith is hereby
repealed to the extent of the conflict.
SECTION 3.
This resolution shall take effect immediately upon its adoption.
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CITY OF CLERMONT
RESOLUTION NO. 2015-02
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
.,Florida this 13th day of January, 2015.
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Purchasing Policy
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Choice of Champions"
City of Clermont, Florida
Table of Contents
A. Purpose 3
B. Scope 3
C. Responsibilities 3
D. Ethics 3
E. Purchasing Methods 4
1. Informal Purchasing 4
2. Quote Requests 4
3. Request for Bids 4
4. Request for Proposals 5
5. Request for Qualifications 5
6. Request for Information 5
7. Other Governmental Agencies Purchasing Contracts 5
8. Sole Source Purchasing 6
9. Emergency Purchases 6
10. Direct Negotiation 6
F. Response Rejections 6
G. Advertisement Requirements 7
H. Purchasing Approvals 7
I. Change Order Approval 8
J. Term Contract Approval, Renewal and Extension 8
K. Appeal Procedures 9
L. Operating Procedures 9
M. Minority Businesses 9
N. Disposal of Surplus Items 10
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A. Purpose
The purpose of this Policy is to ensure the City of Clermont purchases good and
services in the most efficient and economical manner possible. This Policy also serves
to ensure consistency of all purchasing activities that integrates with all of the City of
Clermont operational areas.
B. Scope
This Policy shall apply to all purchases of goods and services by the City.
C. Responsibilities
The City's Purchasing Manager will act as the principal procurement officer of the City
and is responsible to ensure the Policy is followed by City departments. The
Purchasing Manager is the primary contact person for questions regarding the Policy
and is responsible for the implementation of revisions on an as needed basis.
D. Ethics
The City is committed to a purchasing process which fosters fair and open competition,
is conducted under the highest ethical standards, and enjoys the complete confidence
of the public. To achieve these purposes, the City subscribes to the following code of
ethics:
D The City will avoid unfair practices by granting all competitive respondents equal
consideration insofar as State, Federal, and City regulations require.
D The City will conduct business in good faith; demanding honesty and ethical
practices from all participants in the purchasing process.
D The City will promote positive respondent and contractor relationships by
affording respondent representatives courteous, fair, and ethical treatment.
D The City will make every reasonable effort to negotiate equitable and mutually
agreeable settlements of controversies with a respondent.
D The City will avoid involvement in any transactions or activities that could be
considered to be a conflict between personal interest and the interests of the
City.
Employees must not become obligated to any suppliers and shall not participate in any
City transaction from which they may personally benefit. Except as may be authorized
by applicable State law, no Council Member or employee shall accept gifts or benefit of
any kind from prospective bidders, vendors of suppliers.
Except as may be authorized by applicable State law, no Council Member or employee
shall bid for, enter into or be in any manner interested in any contract for City purchase.
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No Council Member or employee shall seek to influence the purchase of a product or
service from any supplier or vendor. This restriction shall not be construed to restrict
persons from evaluating and appraising the quality and value of the product to be
purchased or service to be rendered where the person's scope of employment
contemplates advice and counsel with respect to the purchase.
The avoidance of actual or perceived conflicts of interest is a prerequisite to the efficient
and sound operation of the City and maintenance of the public trust.
E. Purchasing Methods
For purposes relating to the dollar threshold amounts indicated in the purchasing
methods and purchasing approval sections of this Policy, the total cost of the purchase
should be considered, not the cost of the individual items. In addition, purchases should
not be artificially or purposely divided to circumvent the dollar threshold limits. The
following methods shall be used in the purchasing of goods and services for the City:
1. Informal Purchasing
Informal purchasing may be used for the purchase of goods and services costing
less than $1,000. While written quotes and bids are not necessary for items or
services costing less than $1,000 or specifically excluded in applicable State law,
every effort should be made to ensure goods and services are being purchased in.
the most efficient and cost effective manner possible.
Only designated employees in each department shall be authorized to actually
purchase the commodity, after the purchase has been approved.
2. Quote Requests
At least three (3) written quotes are necessary to be received by the City in respect
to purchases of goods and services costing from $1,000 to $9,999. If at least three
(3) written quotes are not possible, a written explanation of such shall be submitted
to the Purchasing Manager for approval prior to the purchase and included in the
vendor payment supporting documentation.
Vendor selection and award shall be based on qualifications of the vendor,
acceptability of the product, delivery time, inventories, past performance, degree of
compliance with requirements, price and other circumstances that will encourage
delivery of the best products and services
3. Request for Bids
•
Except as otherwise provided herein, the Request for Bids (RFB) method is
required for purchases of goods and services costing at least $10,000 when the
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City is capable of specifically establishing precise specifications defining the actual
commodity or contractual services.
Responses to the RFB shall be received in a sealed bid format, opened and read
aloud at a specific date, time and location. All RFB's shall be administered by the
Purchasing Division.
4. Request for Proposals
Except as otherwise provided herein, the Request for Proposals (RFP) method is
required for the purchase of goods and services costing at least $10,000 when the
City cannot specifically define the scope of work or when it is not practical or
advantageous to procure by competitive sealed bidding. The vendor provides
detailed information in response to the RFP and usually the proposal results in a
contractual agreement. The process does allow for negotiation in the scope of
requested services, price, and delivery. All RFP's shall be administered by the
Purchasing Division.
5. Request for Qualifications
Except as otherwise provided herein, the Request for Qualifications (RFQ) method
is required in the acquisition of professional services costing at least $10,000. RFQ
proposals primarily indicate information regarding the education and experience
background of the respondent. Price is not to be indicated in the initial RFQ but it is
negotiated with successful respondent. If the RFQ is for professional architectural,
engineering, landscape architectural or surveying and mapping services, then the
rules of applicable State law shall apply. All RFQ's shall be administered by the
Purchasing Division.
6. Request for Information
The Request for Information (RFI) method is used to help gather information about
a product or service in order to make a decision. An RFI may also be used to
collect detail information about potential suppliers and their capabilities; to advise
potential suppliers of the City's intent to purchase a certain product or service; and
to show that the City is acting in a fair manner and including all potential
participants. An RFI may be utilized for any threshold dollar amount. All RFI's shall
be administered by the Purchasing Division.
7. Other Governmental Agencies Purchasing Contracts
Competitive selection procedures are waived in the event that the desired goods
and services may be purchased pursuant to purchase contracts of other
governmental agencies to include any political subdivision of the State of Florida,
the United States Federal Services Administration, or cooperative purchasing
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consisting of a combination of these, when such contracts are the result of a
competitive public procurement process. All purchases pursuant to other
governmental agencies purchasing contracts shall be administered by the
Purchasing Manager.
8. Sole Source Purchasing
Competitive selection procedures are waived when it is determined and
substantiated in writing, after conducting a good faith review of available sources,
that there is only one source for the goods and services. Price and terms shall be
negotiated whenever possible and a record of sole source procurement shall be
maintained as a public record.
A written justification of the sole source purchase must be approved by the
Purchasing Manager prior to the purchase and accompany the invoice for payment.
9. Emergency Purchases
Competitive selection procedures are waived when the normal functioning and
operation of the City would be hampered or where property, equipment or life could
be endangered through unexpected circumstances by adhering to the usual
purchasing procedures.
A written justification of the emergency purchase must be approved by the City
Manager or in his absence, the Assistant City Manager, prior to the purchase and
accompany the invoice for payment.
10. Direct Negotiation
Competitive selection procedures are waived when it is determined by a decision of
the City Manager that it is neither practical, feasible nor advantageous to the City to
conduct competitive sealed bidding or competitive sealed proposal procedures,
purchases may be made by direct negotiation in the open market and without
strictly observing the procedures prescribed in this Policy, except as related to
Purchasing Approvals.
F. Response Rejections
In all of the above stated purchasing methods, the Purchasing Manager has the
authority to reject any or all responses after the solicitation due date when it has been
determined that the respondent(s) is non-responsive or award recommendation is not in
the best interest of the City. In the event that there is a Selection Committee
established to review the responses, the Selection Committee must authorize the
rejection of any or all responses. •
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G. Advertisement Requirements
Formal solicitations such as Request for Bids, Request for Proposals and Request for
Qualifications shall be advertised in a newspaper of general paid circulation which is
published at least five (5) days a week in Lake County.
The advertisement shall appear at least twenty-one (21) days prior to the solicitation
due date and at least five (5) days prior to any scheduled pre-submission meeting. The
City Manager, or designee, upon recommendation by the Purchasing Manager, may
shorten the twenty-one (21) day requirement to no less than seven (7) days based on
emergency need, availability of competition, amount of the acquisition, etc. Other
publications may be used in addition to this requirement to reach selected markets.
Formal solicitations for construction projects that are projected to cost more than
$500,000 shall be advertised at least thirty (30) days prior to the solicitation due date
and at least five (5) days prior to any scheduled pre-submission meeting.
Quote Requests and Requests for Information are not required to be advertised in the
newspaper.
H. Purchasing Approvals
Purchase Amount Approver
Less Than $1,000 Supervisor or Manager
Department Director, if the item or service to
be purchased is included in the approved
budget for the department.
City Manager or designee, if the item or
service is not included in the approved budget
From $1,000 to $4,999 for the department and a budget amendment is
not necessary.
City Council, if the item or service to be
purchased is not included in the approved
budget for the department and a budget
amendment is necessary.
From $5,000 to $9,999 Purchasing Manager, if the item or service to
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be purchased is included in the approved
budget for the department.
City Manager or designee, if the item or
service is not included in the approved budget
for the department and a budget amendment is
not necessary.
City Council, if the item or service to be
purchased is not included in the approved
budget for the department and a budget
amendment is necessary. .
City Manager or designee, if the item or
service to be purchased does not require a
From $10,000 to $49,999 budget amendment.
City Council, if the item or service to be
purchased requires a budget amendment.
$50,000 or greater City Council
I. Change Order Approval
To avoid a delay in the progress of any project, the City Manager or designee may
approve, without further Council action, a change order to an existing contract provided
the change order does not exceed fifteen (15) percent of the original contract amount or
$49,999 and the funds are available in the approved budget for the Department. If the
change order is in excess of the above thresholds or if the increase in cost is not
included in the approved budget for the department, the change order shall require City
Council approval.
J. Term Contract Approval, Renewal and Extension
The City Manager is authorized to approve a term contract if the total contract amount
does not exceed $49,999 and funds are available in the approved budget for the
Department. All term contracts with total contract amounts of $50,000 or greater shall
require City Council approval. This includes, but is not limited to service or maintenance
agreements, awards on proposals, competitive negotiated agreements and consultant
agreements.
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The Purchasing Manager is authorized to renew approved contracts as long as such
action is in accordance with the terms, conditions and renewal period specified in the
original contract and the total dollar amount of the contract is within the City's approved
budget. Contract renewals beyond six (6) years from the date of the original contract
shall require City Council approval.
The Purchasing Manager is authorized to extend approved contracts for a period of no
more than one-hundred eighty (180) calendar days when the extension serves the best
interest of the City. Contract extensions exceeding one hundred eighty (180) calendar
days shall require City Council approval.
K. Appeal Procedures
Any actual bidder or proposer may only appeal any determination, decision or
recommendation of the Purchasing Manager, in accordance herewith. All appeals must
be in writing and sent via certified mail or delivered in person to the City Manager within
three (3) business days of issuance of such determination, decision or recommendation.
The City Manager shall administer the appeal and shall render a decision within seven
(7) business days of receiving the appeal. All appeals must set forth the specific reason
and facts concerning the dispute. Any appeal based exclusively on disagreement with
the technical judgment of evaluators is subject to summary rejection unless there is
clear and convincing evidence of arbitrary or capricious action in that regard. In the
event of a timely appeal, the City shall not proceed further with the solicitation or with
the award of the bid/contract unless the City Manager, after consultation with the
director of the using department(s) or division(s), forwards to the City Council a written
request to award the bid/contract without delay in order to protect the public health,
safety or general welfare and the City Council approves said request.
L. Operating Procedures
The City Manager is authorized to approve specific operating procedures for the
Purchasing Division to implement this Policy.
M. Minority Businesses
Minority businesses shall be ensured to have an equitable opportunity to participate in
the City's procurement process.
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N. Disposal of Surplus Items
The Purchasing Manager is responsible for the disposition of property items that have
been declared surplus by the City Council. The Purchasing Manager shall have the
authority to sell by auction or advertised bid, trade, donate to another government entity,
destroy, or dispose of excess surplus and obsolete supplies or personal property,
regardless of the dollar amount, with records of such disposition maintained in the
Finance Department.
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
. CLERMONT ON JANUARY 13, 2015.
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