HomeMy WebLinkAbout1229-14 Financial Policy illllllllllllllllllllllllllllllllllljiijiiiiiiiiiiiiiffljjii
2014054835
ORDINANCE NO. 1229-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA AMENDING THE CITY OF ZEPHYRHILLS
CODE OF ORDINANCES, CHAPTER 32 "FINANCE, RECOVERY OF
COURT COSTS, CONSULTANTS", SECTION 32.37 (F) (1) AND (2);
SECTION 32.58; SECTION 32.61; SECTION 32.62; SECTION 32.69 (A);
SECTION 32.74; PROVIDING FOR A REPEALER; SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Zephyrhills has adopted policy under Chapter 32 of the Code of
Ordinances for the hiring of consultants and the purchasing of property, goods and services; and
WHEREAS,the City Council of the City of Zephyrhills, Florida finds it desirable and in the
best interest of the City to amend these finance policies and procedures.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Zephyrhills Flori a
that:
Rcpt:1594628 Rec: 35.50
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SECTION ONE: 04/08/14 D. Bonilla, Dpty Clerk
The City of Zephyrhills Codes of Ordinances, Chapter 32: "FINANCE; RECOVERY OF
COURT COSTS; CONSULTANTS", Section 32.37 (F) shall be amended to read as follows:
"(F) Whenever the City of Zephyrhills determines that it is necessary for it to retain a
consultant,the City shall follow the following procedure:
(1) When the construction cost of the project is estimated to be in excess of$120,000
$200,000, or when the consultant's fee is estimated to cost in excess of$10,000
$20,000,the City shall publish a legal advertisement requesting proposals from
qualified firms. The publication shall include a general-description of the project, an
the scope of services to be performed. The City shall comply with the Consultant's
Competitive Negotiation Act, Fla. Stat. Section 287.055, as well as with Section 800
of the City of Zephyrhills Fiscal Management Policy as both now exist or may be
amended form time to time. Any such contract shall be approved by the City
Council.
(2) The City Manager is authorized to retain consultants without approval of the council
when the cost of the project does not exceed$120,000$200,000 or the consultant's
estimated fee does not exceed$10,000$20,000."
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SECTION TWO: 04/08 BK g0 7 PG 807
The City of Zephyrhills Codes of Ordinances, Chapter 32: "FINANCE; RECOVERY OF
COURT COSTS; CONSULTANTS", Section 32.58 shall be amended to read as follows:
"§ 32.58. FORMAL BID PROCEDURE.
All supplies, equipment, and contractual services, except as otherwise provided herein including
— ---but-not-limited-to;fuel and-library supplies, when the estimated cost thereof-shall exceed
$10,000 $20,000, shall be purchased by formal,written contract and/or purchase order from the
lowest responsive and responsible bidder, after due notice inviting bids; provided however,that
the City Council shall have the authority to waive execution of formal contract in cases where it
deems it advisable to do so.
(A) Notice inviting bids.
(1) Newspaper. Notice inviting bids shall be published once in at least one daily
newspaper distributed in the City and at least five working days preceding the las
day set for the receipt of the bids.
OR BK 9017 PG 808
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(2) Scope of notice. The newspaper notice required herein shall include a general
description of the articles to be purchased, shall state where bid blanks and
specifications may be secured and the time and place for opening bids.
(B) Bid deposits. When deemed necessary by the Agent, bid deposit requirements shall
be prescribed in the public notices inviting bids. Unsuccessful bidders shall be
entitled to return of surety where the Agent has required such. A successful bidder
shall forfeit any surety required by the Agent upon failure on his part to enter a
contract within ten working days after written notice of award.
(C)
(1) Sealed bids. Bids shall be submitted sealed to the City Clerk and shall be
identified as bids on the outside of the envelope with the e title of the bid
and bid number.
(2) Opening. Bids shall be opened by the City Clerk or the Purchasing Agent
in public at the time and place stated in the public notices and shall be
witnessed and the final list of bidders verified.
(3) Tabulation. A tabulation of all bids received shall be made and shall be
available for public inspection."
SECTION THREE:
The City of Zephyrhills Codes of Ordinances, Chapter 32: "FINANCE; RECOVERY OF
COURT COSTS; CONSULTANTS", Section 32.61 shall be amended to read as follows:
"§32.61. AWARD OF CONTRACT.
_ —(A) All contracts-when the sum
Purchasing is 98a-$20;000 or less,shall-be awaraed-by the-
Purchasing Agent or Department Head to the lowest responsive and responsible bidder
meeting all the specifications. When the amount of a contract is in excess of$10,000
$20,000,the City Council shall award the contract to the lowest responsive bidder. In
determining the lowest responsive and responsible bidder, in addition to price,the
following factors shall be considered:
(1) The ability, capacity, skill and appropriate licensing of the bidder to perform the
contract.
(2) Whether the bidder can perform the contract within the time specified, without delay
or interference.
(3) The character, integrity,reputation,judgment, experience, and efficiency of the
bidder.
(4) The quality of performance of previous contracts.
(5) The-previous-and-exi-sting-compliance-bythe-bidder-with laws-and ordinances relating
to the contract.
(6) The sufficiency of the financial resources and ability of the bidder to perform the
contract or provide the service.
(7) The quality, availability, and'adaptabilityof the supplies or contractual services to the
particular use required.
(8) The ability of the bidder to provide future maintenance and service for the use of the
subject of the contract.
(9) The number and scope of conditions attached to the bid.
OR BK 9017 4 809
(B) When the award is not given to the lowest bidder, a full and complete written statement
of reasons for such a decision shall be prepared by the Purchasing Agent and the
Department Head, and filed as a public record with the bid documents."
SECTION FOUR:
The City of Zephyrhills Codes of Ordinances, Chapter 32: "FINANCE; RECOVERY OF
COURT COSTS; CONSULTANTS", Section 32.62 shall be amended to read as follows:
"§32.62. THE BIDS.
Award of all the bids with a value of$10,000$20,000 or less shall be made by the Purchasing
Agent or Department Head. Where tie bids are between bidders, one of which is a business
whose principal place of business is located locally and the other bidder is not, the bid may be
awarded to the local bidder only if it is determined that the local bidder is the most responsible
bidder in accordance with the above factors, or can provide the best delivery or services."
SECTION FIVE:
The City of Zephyrhills Codes of Ordinances, Chapter 32: "FINANCE; RECOVERY OF
COURT COSTS; CONSULTANTS", Section 32.69 shall be amended to read as follows:
"§32.69. OPEN MARKET PROCEDURES.
(A) Generally, all purchases of supplies and contractual services of a total_estirnated
value of more than$1,500 $2,500 and less than$10,000 $20,000 may be made,in the
open market without newspaper advertisement and without observingthe procedure
prescribed by this subchapter for formal purchasing or sales procedures.
4,.
1 (])-Minimum number of quotes. All open market purchases or sales shall, whenever
possible, be based on at least three competitive quotes and shall be awarded to the
lowest responsive, responsible bidder in accordance with the standards set'forth i
this subchapter, or the highest responsive, responsible biddernycasef a sale.
(2) Invitation for quotes. The Agent and/or Department Head may solicit either oral
or written quotes for open market pricing or dale, but shall use all reasonably
available and current vendors and suppliers lists. All oral quotes in excess of
$1,500.01 $2,500 but less than$10.000$20,000 shall be confirmed in writing.
(3) Public Record. The Department Head shall attach to the purchase order a record
of all open market quotes submitted in competition thereon, and such records
shall be open to public inspection. _
(B) Waiver of requesting quotes. The requirements for requesting quotes or bids from
three or more sources are waived for the purchase of fuel, library, books, education
and/or personnel tests,text books,printed instructional materials,mss, video
products mss,d4se or tape audio recordings, and for reference books, periodicals, or
similar materials, where such materials are purchased directly from the producer,
publisher or authorized distributor, the owner of the copyright or patent, an exclusive
-- agentwith-the-state,-a-govermnental agency, or-a recognized.educational institution,-
provided they are in the best interest of the City and approved as set forth in §32.61
above."
SECTION SIX:
The City of Zephyrhills Codes of Ordinances, Chapter 32: "FINANCE; RECOVERY OF
COURT COSTS; CONSULTANTS", Section 32.74 shall be amended to read as follows:
"§32.74. AUTHORITY TO ACQUIRE LANDS.
In addition to the authority granted by the laws of eminent domain,the City Council is
authorized to acquire lands, lakes, streams, basins, and canals within the limits of the City y by
OR BK 9017 PG 810 =.
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gift,purchase, lease, or otherwise in such amounts as may be necessary. The City Council is
further authorized to enter into exclusive or nonexclusive contracts with established public or
private agencies or firms, and to appropriate such funds as it deems advisable or necessary. The
City Council shall not purchase land and/or improvements for$50,000$80,000 or more unless
and until the land and improvements have been appraised by two competent appraisers." When a
parcel is estimated to be worth$80,000 or less and the City Council determines that the cost of
an outside appraisal is not justified, a comparable sales analysis or other reasonably prudent
procedures may used by the City to estimate the value of the parcel, provided the public's
interest is reasonably protected.
SECTION SEVEN:
All Ordinances or parts of ordinances in conflict be and the same are hereby repealed.
SECTION EIGHT:
Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder of this Ordinance.
SECTION NINE:
This Ordinance shall become effective immediately upon passage on the second reading and
signing by the Mayor.
The firgd4No.€1229-14 was read and passed on the first reading in an open and
regular �tirig of tlio $� Council of the City of Zephyrhills, Florida, on this 10th day of March,
' Linda Cit3 'Cferk Lance m' , C until President
a Rrin nce No. 1229-14 was read and passed on the second reading, following a
pui1jr1giaJLn open and regular meeting of the City Council of the City of Zephyrhills,
Florida,' `day of March, 2014.
Attest: rL
A5L f -- i 'D 13o án City Clerk Lance . S th, Council President
No. 1229-1 was approv _ t ' day o ch, 2014.
Daniel W: Burgess, Jr., Mayor
Approved as to legal form and legal content
for the reliance of the City of Zephyrhills only:
osep . Pob ick, City o
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