Resolution No. 2019-29R CITY OF CLERMONT
ch.-act-porn -CSR NT RESOLUTION NO. 2019-29R
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repealed to the extent of the conflict.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
CLENT RESOLUTION NO. 2019-29R
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DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida this 12th day of November, 2019.
CITY OF CLERMONT
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ATTEST:
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Tracy Ackroyd owe, City Clerk
Approved as to form and legality:
Daniel F. Mantzaris, City Attorney
Purchasing Policy
CLERON1
Choice of Champions'
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 7
8. Single/Sole Source Purchases 7
9. Government Agency 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 10
J. Contract Approval, Amendments, Renewal and Extension 10
K. Appeal Procedures 11
L. Disposal of Surplus Items 11
M. Operating Procedures 11
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N. Minority Businesses 11
0. Environmental Purchasing 12
P. Authority 12
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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 qualifications and
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 use of the City:
1. Informal Purchasing
Informal purchasing may be used for the purchase of goods and services costing less
than $5,000. While written quotes and bids are not necessary for items or services
costing less than $5,000 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 $5,000 to $24,999. If at least three (3) written quotes are not
possible, a written explanation of such must be approved by the Department Director
or Purchasing Director based on Purchasing Approvals (see Section H). The
supporting documentation must be included in the automated purchase order system
and accompany the invoice for payment.
Quote award must be based on qualifications of the prospective 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 $25,000 when the City
is capable of specifically establishing precise specifications defining the actual
commodity or contractual services. Responses to the RFB must be received in a
sealed bid format, opened and read aloud at a specific date, time and location. All
RFB's must be administered by the Purchasing Department.
4. Request for Proposal
Except as otherwise provided herein, the Request for Proposal (RFP) is a formal
solicitation required for the purchase of goods and services costing at least $25,000
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 proposer provides
detailed information in response to the RFP which may result in a contractual
agreement. The RFP process does allows for negotiation in the scope of services,
terms and conditions, price, and delivery. All RFP's must 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
$25,000. 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 must 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 must be administered
by the Purchasing Department.
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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 the City would
be served and the purchase is in accordance with the City's Purchasing Policy.
8. Single/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, scope, terms and conditions may be
negotiated whenever possible and a record of single/sole source procurement shall
be maintained by the Purchasing Department. A written justification of the single/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.
All purchases pursuant to other government agency contracts must 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, scope, terms and conditions may be negotiated whenever
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possible. Non-competitive purchases exceeding $50,000 will 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 must 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
must be given a minimum of seven (7) days from the solicitation due date. Formal
solicitations with projected cost greater than $200,000 must 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 must 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
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Department Director or designee, if the cost of
goods and services to be purchased is
included in the approved budget for the
department.
City Manager or designee, if the item or
From $1,000 to $14,999 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.
Purchasing Director or designee, 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 $15,000 to $24,999 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 $25,000 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
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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 is within the overall scope of the project, does not
exceed the greater of ten percent (10%) of the original contract amount or $100,000 for
construction projects, or does not exceed $49,999 for non-construction projects, and the
funds are available in the approved budget for the Department. If the change order is in
excess of the above threshold or if the increase in cost requires a budget amendment,
the change order must be approved by the City Council. The Purchasing Director will
ensure the scope of services is in accordance with the contract specifications.
No oral statement of any person shall modify or otherwise change, or affect the terms,
conditions or specifications stated in the resulting contract. All change orders must be
approved in writing by the City prior to the work commencing unless the delay in receiving
City approval causes serious threat to the public health, safety or welfare, or will result in
significant additional cost to the City due to delay. Under any circumstance, work to be
performed under the change order shall not begin until all written approvals have been
received. Any work completed by the contractor without required written approvals will
be the sole responsibility of the contractor, not the City.
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 (see
Section H) 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 services agreements. All contracts
with a total value of $50,000 or greater, one-time or annual basis, 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 (see Section H). 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.
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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 will render a decision within seven (7)
• business days of receiving the appeal. The decision by the City Manager will be final and
will represent the position of the City.
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 Department Director(s) and City Attorney, 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.
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0. 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 2019-
29R on November 12, 2019.
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