R-2015-42 CITY OF CLERMONT
RESOLUTION NO. 2015-42
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repealed to the extent of the conflict.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. 2015-42
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida this 8th day of December, 2015.
CITY OF CLERMONT
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Purchasing Policy
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City of Clermont , Florida
Table of Contents
A Purpose 4
B Scope . 4
C. Responsibilities. . . . . . . 4
D. Ethics . . 4
E Purchasing Methods 5
1 Informal Purchasing . . . . . 5
2 Quote Request .. . 5
3 Request for Bid 6
4. Request for Proposal 6
5. Request for Qualification 6
6 Request for Information. .. . ...... . . 6
7. Cooperative Purchasing . . . 6
8. Sole Source Purchases.... . .7
9. Government Agency's Contracts (Piggyback) ... . . ........ .. 7
10. Emergency Purchases 7
11. Non-Competitive Purchases 7
F Response Rejections.... . ... 8
G. Advertisement Requirements 8
H. Purchasing Approvals. . ... 8
I Change Order Approval 9
J. Contract Approval, Amendments, Renewal and Extension. ..... . . ...... . . . .... . 10
K. Appeal Procedures . . ....... . . . ...... . . .... . . . . ... .. . ... 10
L. Disposal of Surplus Items ... 11
M Operating Procedures. 11
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•
•
•
N Minority Businesses 11
0. Environmental Purchasing . . 11
P. Authority......... .... . . .. . ... 11
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A. Purpose
The purpose of this Policy is to ensure the City of Clermont procures goods 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 Director will act as the principal procurement officer of the City
and is responsible to ensure the Policy is followed by City departments. The
Purchasing Director 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.
➢ The City will avoid unfair practices by granting all competitive respondents equal
consideration as required by State, Federal, and City regulations.
> The City will conduct business in good faith, demanding honesty and ethical
practices from all participants in the purchasing process.
➢ The City will promote positive respondent and contractor relationships by
affording respondent representatives courteous, fair, and ethical treatment.
> The City will make every reasonable effort to negotiate equitable and mutually
agreeable settlements of controversies with a respondent.
> 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, or suppliers.
Except as 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
In regards 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 A competitive
bid process is a transparent method in which competing suppliers are invited by openly
advertising the scope, terms and conditions, and evaluation criteria The award is made
to the lowest responsive and responsible bidder meeting the specifications. The goal is
to obtain goods and services at the lowest price by stimulating competition. 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
2 Quote Request
At least three (3) written quotes must be obtained for the 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 approved by the Department
Director or Purchasing Director based on purchasing approvals Supporting
documentation shall be included in the automated purchase order system and
accompany the invoice for payment
Quote 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.
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3 Request for Bid
Except as otherwise provided herein, the Request for Bid (RFB) is a formal
solicitation required for purchases of goods and services costing at least $10,000
when the 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 Department
4 Request for Proposal
Except as otherwise provided herein, the Request for Proposal (REP) is a formal
solicitation 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 Department
5. Request for Qualification
Except as otherwise provided herein, the Request for Qualification (RFQ) is a
formal solicitation 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 Department.
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. The 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. The RFI may be utilized for any threshold dollar amount. All RFI's
shall be administered by the Purchasing Department
7 Cooperative Purchasing
The Purchasing Director shall have the authority to join with other units of
government agencies in cooperative purchasing ventures when the best interest of
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the City would be served and the purchase is in accordance with the City's
Purchasing Policy.
8 Sole Source Purchases
The competitive bid process is 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 single source procurement shall be maintained
as a public record. A written justification of the sole source purchase must be
approved by the Purchasing Director prior to the purchase and accompany the
invoice for payment
9 Government Agency Contracts (Piggyback)
The competitive bid process is waived in the event that the desired goods and
services may be purchased from other governmental agencies when such contracts
are the result of a competitive public procurement process The criteria to
piggyback a governmental agency contract includes having an active contract with
specific scope of services and a competitive bid tabulation or scoring matrix of the
solicitation The City may also piggyback sole source contracts as long as fairness
and reasonableness of price is justified and documented All purchases pursuant to
other government agency contracts shall be administered by the Purchasing
Director.
10 Emergency Purchases
The competitive bid process is waived when the normal functioning and operation of
the City would be hampered or where property, equipment, public health or life
could be endangered through unexpected circumstances by adhering to the usual
purchasing procedures. A written justification detailing the complete circumstances
of the emergency and probable consequences along with supporting documentation
of the emergency purchase must be approved by the City Manager prior to the
purchase. The approval must accompany the invoice for payment The City
Manager shall notify the City Council detailing the emergency and place an agenda
item when the purchase exceeds $50,000 Lack of planning does not constitute an
emergency.
11 Non-Competitive Purchases
The competitive bid process is waived when it is determined that it is neither
practical, feasible nor advantageous to the City in securing goods and services. A
bid waiver detailing the circumstances, uniqueness, timeliness of purchase, and
why it is in the City's best interest must be approved by the City Manager and
accompany the invoice for payment. Price and terms shall be negotiated whenever
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possible. Non-competitive purchases exceeding $50,000 shall require City Council
approval.
F. Response Rejections
In all of the above stated purchasing methods, the Purchasing Director 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 of a Request for Proposal or Qualification, where there
is an Evaluation Committee established to review the responses, the Evaluation
Committee must authorize the Purchasing Director to reject any or all responses
G. Advertisement Requirements
Formal solicitations such as Request for Bids, Request for Proposals and Request for
Qualifications shall be advertised at least once in a newspaper of general paid
circulation which is published at least five (5) days a week in Lake County Other
publications may be used in addition to this requirement to reach selected markets.
Adequate public notice of formal solicitations with estimated value less than $200,000
shall be given a minimum of seven (7) days from the solicitation due date. Formal
solicitations with projected cost greater than $200,000 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. 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
The following purchasing approvals apply to City employees to purchase goods and
services where the value of the full purchase is, or is expected to be, the following
purchase amounts.
Purchase Amount Approver
Less Than $1,000 Supervisor or Manager
From $1,000 to $4,999 Department Director, if the item or service to
be purchased js included in the approved
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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
Purchasing 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 $5,000 to $9,999 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.
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 Purchasing Director, City Manager
or designee may approve, without further Council action, a change order to an existing
contract provided the change order does not exceed the purchasing approval limit, does
not exceed fifteen percent (15%) of the original contract amount or $49,999, and the
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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. Contract Approval, Amendments, Renewal and Extension
The Purchasing Director, City Manager or designee is authorized to approve and
execute contracts if the total contract amount does not exceed the purchasing approval
limit and funds are available in the approved budget for the Department. This includes,
but is not limited to, service or maintenance agreements, awards on proposals,
competitive negotiated agreements, and consultant agreements All contracts with total
contract amounts of$50,000 or greater shall require City Council approval
The Purchasing Director, City Manager or designee is authorized to approve any
change to a contract that alters the terms and conditions or provides a change in the
scope which total value does not exceed the purchasing approval limit. Such-changes
must be signed and approved in a formal amendment. All amendments with total
contract amount of$50;000 or greater shall require City Council approval.
The Purchasing Director 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 Director 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
A respondent to a city solicitation may only appeal any determination, decision or
recommendation of the Purchasing Director, 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
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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. Disposal of Surplus Items
All tangible and intangible City property must be declared surplus by City Council prior
to being disposed of. The Purchasing Director is responsible for the disposition of
surplus items that have been declared surplus by the City Council The Purchasing
Director shall have the authority to sell by auction or advertised bid, trade, donate or sell
to another government entity, destroy, scrap, classify as waste, or dispose of excess
surplus and obsolete supplies or personal property, regardless of the dollar amount
Records of such disposition shall be maintained in the Purchasing Department.
M. Operating Procedures
The City Manager is authorized to approve specific operating procedures to implement
this Policy
N. Minority Businesses
Minority businesses shall be ensured to have an equitable opportunity to participate in
the City's procurement process
O. Environmental Purchasing
Environmental purchasing is defined as the procurement of goods and services that
have less environmental and social impacts than competing products and services. The
Purchasing Director shall encourage wherever possible, specifications which provide for
expanded use of durable goods and reusable goods containing the maximum post-
consumer waste and recyclable content without affecting the intended use
Environmental factors to be considered may include recycled content, pollutant
releases, waste generation, energy consumption, depletion of natural resources and
potential impact on human health and the environment
P. Authority
Approved and adopted by the Clermont City Council by Resolution Number 2015-
42 on December 8, 2015.
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