HomeMy WebLinkAbout867-04 Create Purchasing Procedure ,.
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ORDINANCE NO.: 867-04 ' 11110111111111111111111111 11111111111111111111111111111111I
2004047778
AN ORDINANCE BY THE CITY OF ZEPHYRHILLS,
FLORIDA CREATING A PURCHASING
ORDINANCE; PROVIDING FOR A SHORT TITLE,
PURPOSE, AND DEFINITIONS; SETTING FORTH
RESPONSIBILITY FOR CITY PURCHASING;
PROVIDING FOR REQUISITIONS AND
ESTIMATES, FORMAL CONTRACT
PROCEDURES, REJECTION OF BIDS, AND
NEGOTIATION; PROVIDING FOR WAIVERS OF
IRREGULARITIES, AWARDS OF CONTRACT
INVOLVING STANDARDIZED AND
GOVERNMENTAL CONTRACTS, BONDS,
UNAUTHORIZED PURCHASES, AND OPEN-
MARKET PROCEDURES; PROVIDING FOR
EMERGENCY PROCEDURES, ALTERNATE
PROCEDURES FOR PUBLIC WORKS, SOLID
WASTE AND UTILITIES, INSPECTION, SURPLUS
STOCK; PROVIDING FOR DESIGN-BUILD
CONTRACTS; PROVIDING FOR BID PROTESTS;
PROVIDING FOR PENALTIES, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
Rcpt: 765549 Rec: 46.50
DS: 0.00 IT: 0.00
03/17/04 Dpty Clerk
WHEREAS, on October 22, 2001, the City Council approved Resolution No. 503-01 revising its
Fiscal Management Policy and Procedures Manual pertaining to purchasing procedures; and
WHEREAS, on July 12, 1999, the City Council approved Ordinance.No. 719 establishing
procedures for the retention of consultants by the City; and
•
WHEREAS, in view of the rapidly increasing demand for public construction projects in the
City, methods for economizing time and costs in the construction of such projects need to be
developed; and
WHEREAS, upon due consideration, the City Council has found it to be in the best interest of
the citizens of Zephyrhills to revise and formally codify its purchasing procedures.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of-Zephyrhills,
Florida, as follows:
JED PITTMAN PASO COUNTY CLERK
03/17/04 06:11 m 1 of 10
SECTION 1. SHORT TITLE OR BK 5770: PG 378
The provisions of this Ordinance shall be known as the "Purchasing Ordinance of the
City of Zephyrhills,Florida." ',:
SECTION 2. PURPOSE
The purpose of this Ordinance is to prescribe the manner in which the City of Zephyrhills
shall control the purchase of materials, supplies, equipment, and certain contractual services of-.
the City, to provide for the fair and equitable treatment of all persons involved in public
purchasing by the City, to maximize the purchasing value of public funds in such procurement,
to provide safeguards for maintaining a purchasing system of quality and integrity, and to
maintain a high ethical standard for all officers and employees of the City in connection
therewith.
SECTION 3. DEFINITIONS-,',,•
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
OR BK 5770 PG 379
2 of 10
For the purposes of this Ordinance, the following terms, phrases, words, and their
derivations shall have the meaning given herein. When not inconsistent with the content, words
used in the present tense include the future, words in the plural number include the singular
number and words in the singular number include the plural number. The word"shall"is always
mandatory and not merely directory.
A. "City Manager"is the City Manager of the City of Zephyrhills, Florida.
B. "City"is the City of Zephyrhills, Florida.
C. "City Council"is the City Council of the City of Zephyrhills, Florida.
D. "Public Works or Improvements" shall mean and include, but not necessarily be
limited to, construction contracts for City owned buildings, roads, highways,
drainage, storm sewers, wastewater treatment plants, water treatment plants, water
production facilities, utility lines, parks and recreational facilities, and other public
works and improvements of a similar nature.
E. "Purchasing Agent" or "Agent" is that person responsible for assisting with
purchasing and procurement for the City of Zephyrhills.
F. "Contractual Services"shall mean and include all telephone, gas, water, electric lights
and power service; towel and cleaning services; lease and concession services;
services involving demolition of buildings, rentals, repair or maintenance of
equipment, machinery and other City-owned properties; and other like services. The
term services shall not include professional services which are unique in their nature
and not subject to competition, nor does it include insurance policies, insurance
consultants, or administrative services, nor those services covered by the Florida
Consultants' Competitive Negotiations Act, as amended. Professional services
include, but are not limited to, attorneys, engineers, real estate appraisers, insurance
consultants, insurance administrators, geologists, hydrogeotechnical consultants, and
certified public accountants.
G. "Request for Proposals" shall mean all documents, whether attached or incorporated
by reference,utilized for soliciting proposals.
H. "Responsible Bidder" is a person who has capability in all respects to perform fully
the contract requirements, and the tenacity, perseverance, experience, integrity,
reliability, capacity, facilities, equipment, and credit which will assure good faith
performance.
I. "Responsive Bidder"is a person who has submitted a bid or quote which conforms in
all material respects to the requirements set forth in the invitation for bids or request
for quotes.
J. "Supplies" shall mean and include all supplies, materials, and equipment.
K. "Department" is any department, division, agency, commission, board, committee,
authority, or other unit under the direct or indirect control of the City Council using
supplies or procuring contractual services as provided for in this Ordinance.
SECTION 4. RESPONSIBILITY FOR CITY PURCHASING
The Purchasing Agent shall assist each department and coordinate all purchasing for the
City as provided for herein.
SECTION 5. CITY PURCHASING GUIDELINES
When possible,the City shall adhere to the following purchasing procedures:
1. All contracts involving public construction and improvements shall be
approved by the City Council and shall adhere to either the formal bid and
' OR BK 5770 PG 380
3 of 10
contract procedures contained in this Ordinance, or the alternative
procedure set forth in this Ordinance for public works and improvements.
2. Prescribe and maintain a standard purchasing manual for all departments.
Said manual shall include a copy of this Ordinance and any policies or
procedures further implementing same as described above.
3. Prepare, adopt, and maintain a bidders list. The list shall be filed
according to name of vendor, type of materials and shall also contain a
description of commodities,prices, and discounts.
4. Exploit the possibilities of buying in bulk to take full advantage of
discounts.
5. Act to procure for the City all tax exemptions to which it is entitled.
6. Cooperate with other governmental organizations to secure for the City the
maximum efficiency in budgeting and accounting.
7. Have the responsibility to ascertain the identity of all vendors who default
their quotations or bids to the City and to make no purchases from such
vendors for a period of up to three (3) years unless this prohibition is
expressly waived by the City Council.
SECTION 6. REQUISITION AND ESTIMATES
All departments, either by or with the authorization of the head of the department under
which the department operates, shall file with the detailed requisitions of their requirements in
supplies and contractual services in such manner, at such times, and for such future period as the
Agent shall require.
A department shall not be prevented from filing, in the same manner, with the Agent at
any time a requisition or estimate for supplies and contractual services, the need for which was
not foreseen when the detailed estimates were filed.
SECTION 7. CONFLICT OF INTEREST
No employee of the City shall contract with or have any business dealings with the City
whereby they may derive income or benefits other than those provided as renumeration from the
City for his employment. However, no employee or officer of the City shall be prohibited from
purchasing, at public auction authorized by law, used goods or materials from the City on the
same basis as are all members of the public, provided that said employee or officer was not
involved in the process of declaring property to be surplus. Further, the City may purchase from
any employee or officer any real or personal property owned by such officer or employee which
it is determined at any regular public meeting, to be needed for City business, provided that no
other source of said real or personal property is available, and provided further that the
consideration paid for such property does not exceed its market value.
SECTION 8. ENCUMBRANCE OF FUNDS
Except in cases of emergency as defined under this Ordinance, the Agent/Department
Head shall not issue any order for delivery on a contract or open market purchase until the
Finance Director shall have certified, after pre-audit, that there is to the credit of the concerned, a
sufficient unencumbered appropriation balance, in excess of all unpaid obligations, to defray the
amount of such order.
SECTION 9. 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 Ten Thousand and 00/100 Dollars ($10,000.00), shall be purchased by formal, written
contract and/or purchase order from the lowest responsive and responsible bidder, after due
r OR BK 5770 PG 381
4 of 10
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 (1) daily
newspaper distributed in the City and at least five (5) working days preceding the
last day set for the receipt of bids.
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.
3. Bidders' List: The Agent shall also send bid advertisements to all responsible
prospective suppliers who have requested their names to be added to a "bidders
list" which the Agent shall maintain by sending them a copy of such newspaper
notice or such other notice as will acquaint them with the proposed purchase or
sale. In any case, invitations sent to the vendors on the bidders list shall be
limited to commodities that are similar in character and ordinarily handled by the
trade group to which the invitations are sent.
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(10) 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 title of the bid and bid
number.
2. Opening: Bids shall be opened by the City Clerk or 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 10. REJECTION OF BIDS AND NEGOTIATION
A. If the lowest and best bid exceeds the budgeted amount and the City Council does not
make additional funds available, the item(s) may be readvertised for bidding only
after making sufficient changes in the project plans and/or specifications to bring the
cost within the limit of the money available.
B. If no bid is received, or if the lowest and best bid exceeds the budgeted amount, the
Purchasing Agent shall advise the City Manager and the information shall be
submitted to the City Council.
C. The City also has the right to reject any or all bids which do not meet the criteria set
forth in this Ordinance.
SECTION 11. WAIVER OF IRREGULARITIES
Minor irregularities in the bidding or purchasing process, when not contrary to the intent
of this Ordinance, shall not be grounds to void any given bid or purchase. Minor irregularities
shall include but not be limited to,no signature, failure to include forms, etc.
SECTION 12. AWARD OF CONTRACT
All contracts, when the sum is Ten Thousand and 00/100 Dollars ($10,000.00) or less,
shall be awarded by the Purchasing Agent or Department Head to the lowest responsive and
OR BK 5770 PG 382
5 of 10
responsible bidder meeting all specifications. When the amount of a contract is in excess of Ten
Thousand and 00/100 Dollars ($10,000.00), the City Council shall award the contract to the
lowest responsive and responsible bidder. In determining the lowest responsive and responsible
bidder, in addition to price, the following factors shall be considered:
A. The ability, capacity, skill and appropriate licensing of the bidder to perform the
contract.
B. Whether the bidder can perform the contract within the time specified, without delay
or interference.
C. The character, integrity, reputation, judgement, experience, and efficiency of the
bidder.
D. The quality of performance of previous contracts.
E. The previous and existing compliance by the bidder with laws and ordinances relating
to the contract.
F. The sufficiency of the financial resources and ability of the bidder to perform the
contract or provide the service.
G. The quality, availability, and adaptability of the supplies or contractual services to the
particular use required.
H. The ability of the bidder to provide future maintenance and service for the use of the
subject of the contract.
I. The number and scope of conditions attached to the bid.
When the award is not given to the lowest bidder, a full and complete written statement .
of the reasons for such decision shall be prepared by the Purchasing Agent and Department
Head, and filed as a public record with the bid documents.
SECTION 13. TIE BIDS
Award of all tie bids with a value of Ten Thousand and 00/100 Dollars ($10,000.00) 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 deliveiy or services.
SECTION 14. COMPETITIVE SEALED PROPOSALS
A. When the Agent or Department Head determines in writing that the use of
competitive sealed bidding is either not practicable or not advantageous to the City,
the contract may be entered into by use of the competitive sealed proposals method.
B. Proposals shall be solicited through a request for proposals.
C. Adequate public notice of the request for proposals shall be given in the same manner
as provided in the case of competitive field bidding.
D. Request for proposals shall include specific factors necessary to each project.
E. Awards shall be made to the responsible offeror whose proposal is determined in
writing to be the most advantageous to the City, taking into consideration price and
the evaluation factors set forth in the request for proposals. No other factors or
criteria shall be used in the evaluation. The contract file shall contain the basis on
which the award is made.
0 OR BK 5770 PG 383
6 of 10
SECTION 15. MISCELLANEOUS EXEMPTIONS AND SOLE SOURCE
PROCUREMENT
A contract for materials or services may be awarded without competition if the
Purchasing Agent or Department Head determines in writing that one or more of the following
conditions exist:
A. A contract may be awarded without competition when the Department Head
determines in writing, after conducting a good faith review of available sources, that
there is only one source of the required supply or contractual service. The111
Department Head shall conduct negotiations, as appropriate, as to price, delivery, and
terms;
B. Although there exists more than one responsible source, a competitive process cannot
reasonably be used, or if used, will result in a substantially higher cost to the City,
will otherwise injure the City's financial interests or will substantially impede the
City's administrative functions or the delivery of services to the public;
C. A particular material or service is required to maintain interchangeability or
compatibility as a part of an existing integrated system;
D. A Particular material or service is required to maintain standardization for the purpose
of reducing financial investment or simplifying administration;
E. The material is perishable;
F. The material qualifies as an object of fine art;
G. A particular material is required to match materials in use, so as to produce visual
harmony;
H. A particular material is prescribed by a professional advisor or consultant; 111
I. A particular material is required to enable use by a specific individual; or
J. The material or service is the subject of a change order.
SECTION 16, STANDARDIZATION, COOPERATIVE PURCHASING, AND
GOVERNMENTAL CONTRACTS
A. The City shall have the authority to join with other unitsof governments in
cooperative purchasing ventures when the best interest of the City would be served
thereby, and same is in accordance with state law.
B. Formal contract procedures set forth above shall not apply to, established State of
Florida contracts, or Federal General Services Administration contracts. Purchases in
any amount may be made against those contracts provided they are in the best interest
of the City and approved as set forth in Section 12 above.
SECTION 17. ;PERFORMANCE AND PAYMENT.BONDS
If required, a contractor or vendor shall provide a corporate surety bond from a surety
company authorized to do business in the State of Florida to guarantee the full and faithful
performance of his contract obligations and the payment of labor and material expended pursuant
to the contract whenever and in amounts as is required under Florida law. Nothing in this section
shall preclude alternative methods of security authorized under Florida law. All such bonds shall
be approved as to form by the City Attorney and filed with the City Clerk. In the event no surety
bond is required under Florida law, the Department Head and/or Purchasing Agent shall have the
discretion to require a surety bond in an amount sufficient to protect the City.
SECTION 18. UNAUTHORIZED PURCHASES
• OR BK 5770 PG 384
7 of 10
It shall be unlawful for any City Council member or employee to order the purchase of
any materials, supplies, equipment, and contractual services, or make any contract within the
purview of this Ordinance other than through the Purchasing Agent, unless otherwise authorized
herein, and any purchase, order or contract made contrary to the provisions hereof shall not be
approved and the City shall not be bound thereby.
A. Exceptions Prohibited. There shall be no exceptions by any department under the
City Council to the above provisions, except as may be specifically authorized by the
City Manager, in writing, stating the reasons for said exceptions.
B. Emergency. This section shall not apply to any emergency purchase which is
subsequently approved by the Purchasing Agent or City Manager upon justification
by the Department Head.
SECTION 19. PROHIBITION AGAINST SUBDIVISION
No contract or purchase shall be subdivided to avoid the requirements of this Ordinance.
SECTION 20. OPEN MARKET PROCEDURES
A. Generally, all purchases of supplies and contractual services of a total estimated value
of more than One Thousand Five Hundred and 00/100 Dollars ($1,500.00) and less
than Ten Thousand and 00/100 Dollars ($10,000.00)may be made in the open market
without newspaper advertisement and without observing the procedure prescribed by
this ordinance for formal purchasing or sales procedures.
1. Minimum Number of Quotes: All open market purchases or sales shall,whenever
possible, be based on at least three (3) competitive quotes and shall be awarded to
the lowest responsive, responsible bidder in accordance with the standards set
forth in this Ordinance, or the highest responsive, responsible bidder in case of a
sale.
2. Invitation for Quotes: The Agent and/or Department Head may solicit either oral
or written quotes for open market pricing or sale, but shall use all reasonably
available and current vendors and suppliers lists. All oral quotes in excess of One
Thousand Five Hundred and 01/100 Dollars ($1,500.01) but less than Ten
Thousand and 00/100 ($10,000.00) 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 (3) or more sources are waived for the purchase of fuel, library books, education
and/or personnel tests, textbooks, printed instructional materials, films, video tapes,
disc or tape recordings, and for reference books, periodicals, and similar materials,
where such materials are purchased directly from the producer, publisher or
authorized distributor, the owner of the copyright or patent, an exclusive agent within
the State, a governmental agency, or a recognized educational institution, provided
they are in the best interest of the City and approved as set forth in Section 12 above.
SECTION 21. CANCELLATION OF INVITATION FOR BIDS
An invitation for bids, a request for proposals, or other solicitation may be cancelled, or
any or all bids or proposals may be rejected in whole or in part, when it is in the best interest of
the City, by the Agent upon recommendation of the operating department. Each solicitation
issued by the City shall state that the solicitation may be cancelled and that any bid or proposal
may be rejected in whole or part when it is in the best interest of the City. Notice of cancellation
or rejection shall be sent to all businesses solicited. The notice, in addition, will state that an
opportunity will be given to compete on any resolicitation or any future procurement of similar
items.
r OR BK 5770 PG 385
8 of 10
SECTION 22. EMERGENCY PURCHASES
A. By City Manager or his designee. In case of an apparent emergency which requires
immediate purchase of supplies or contractual service, the City Manager or his
designee shall be empowered to authorize the Department Head to secure, by open
market procedure as herein set forth, at the lowest obtainable price, any supplies or
contractual services. The City Manager or his designee shall have the authority to act
in the case of any emergency that might affect the health, safety, and welfare of the
City. If such purchase exceeds Ten Thousand and 00/100 ($10,000.00), it shall be
reported at the next regularly scheduled meeting of the City Council if possible, but
no later than the second regularly scheduled meeting of the City Council following
the date of the emergency purchase.
B. Disaster Preparedness. In a potential disaster, the City Manager may give the
Purchasing Agent or Department Head unequivocal authority to bypass the
purchasing procedures set forth in this Ordinance to seek items required for a disaster
at maximum competition. Awards for the supply of foods, goods, and services made
in contemplation and preparation for the occurrence of a natural or manmade disaster
or of civil unrest, where availability rather than price is the controlling factor, are
exempt from this Ordinance.
SECTION 23. ALTERNATIVE PROCEDURE FOR PUBLIC WORKS,
UTILITIES, SOLID WASTE AND IMPROVEMENTS
Unless otherwise precluded by State or Federal law, construction contracts for public
works,utilities and associated improvements,may be awarded by the City Council in accordance
with the following procedures in lieu of utilizing the formal contract procedures set forth herein.
A. Solicitation of Competitive Quotes. Upon authorization from the City Council, the
City Manager or his designee may solicit competitive quotes for the construction of
public works and improvements based upon.a request for proposals prepared by or,.on
behalf of the City outlining the nature and scope of the particular public works or
improvement. Said competitive quote shall be received from those persons or
companies which have been prequalified through a qualification process, in the event
the City elects to prequalify vendors, or in the event the City does not prequalify
vendors, such quotes shall be solicited in the same manner as competitive bids are
requested in accordance with Section 9 (A) of this Ordinance. The Purchasing Agent
shall maintain an accurate record of all quotes received pursuant to the City's request
for proposal. All such competitive quotes shall be sealed quotes and delivered on or
before the time specified in the City's request.
B. Negotiations. Upon acquisition of the competitive quotes in accordance with the
above procedures, the City Council may accept the lowest and best quote, or
authorize the City Manager to conduct further negotiations with any or all of the
vendors submitting competitive quotes. The City Council mayrequire that
negotiations be conducted based upon a priority ranking of vendors or simultaneously
with those vendors approved by the City Council to participate in negotiations. Upon
authorization by the City Council, the City Manager or his designee, shall conduct
negotiations with vendors authorized by the City Council to participate in such
negotiations in order to_determine whether the public works or improvements may be
acquired at a price lower than the lowest quote received or upon terms more
advantageous to the City than those set forth within the City's request for proposal.
In the event such negotiations are commenced, the following guidelines shall apply:
1. A record of any change in specification requirements as a result of negotiations
shall be maintained.
2. A record of all negotiated prices lower than the lowest quoted price shall be
maintained.
3. A negotiated price which is higher than the lowest and best quote obtained in the
competitive quote process shall not be accepted unless the City Council
• OR BK 5770 pc 386
9 of 10
determines additional advantageous terms and conditions of the negotiated price
outweigh any price differential.
4. The lowest responsive and responsible quote or negotiated price with the most
advantageous terms shall be reduced to a written offer and submitted to the City
Council for consideration of award.
C. Award of Contract. Upon receipt of the lowest responsive and responsible quoted or
negotiated price, the City Council shall determine the award of the contract for the
public works or improvement project and execute a formal written agreement
containing the specific terms and conditions of construction. The City Council
specifically reserves the right to reject any and all-quotes, negotiated prices, or other
formal offers submitted to the City. In any event, the City Council shall not be
required to make the award to the vendor with the lowest quote or negotiated price,
but shall determine, in its own discretion, the lowest responsive and responsible quote
or negotiated price which is most favorable to the City.
SECTION 24. DESIGN-BUILD CONTRACTS
Procedures and definitions for design-build contracts shall be as set forth in Section
287.055,Florida Statutes, as amended.
SECTION 25. 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 by
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 Fifty Thousand and 00/100
Dollars ($50,000.00) or more unless and-until--the-land-and-improvements-have-been-appraised-by ----- -
two competent appraisers.
SECTION 26. INSPECTION AND TESTING
The Department Head or his designee shall inspect, or assure the inspection of, all
deliveries of supplies or contractual services to determine their conformance with the
specifications set forth in the order or contract.
SECTION 27. SURPLUS STOCK
A. Report of Surplus Stock. Pursuant to Chapter 274, Florida Statutes, as amended, all
departments shall submit to the Purchasing Agent, at such time and in_such form as
shall be prescribed, reports showing stocks of all supplies which are no longef used or
which have become obsolete, worn out or scrapped. -
B. Transfer. The Agent shall have the authority to transfer surplus stock to"other using
agencies or non-profit organizations pursuant to Florida law.
C. Sale. The Agent shall have authority to sell all supplies of a-.value less than Five
Thousand and 00/100 Dollars ($5,000.00), which have become-unsuitable for City
use, or to exchange the same for, or trade in the same on, new supplies. Sales under
this section shall be made to the highest responsive, responsible bidder and in
conformance with Florida Statutes and competitive conditions. Sales of supplies of a
value in excess of Five Thousand and 00/100 Dollars ($5,000.00), but not exceeding
Ten Thousand and 00/100 Dollars ($10,000.00), shall require approval of the City
Manager. Sales in excess of Ten Thousand and 00/100 Dollars ($10,000.00) shall
require approval of the City Council.
SECTION 28. PROTEST PROCEDURE
. .
0 OR BK 5770 PG 387
10 of 10
A. Bid Protests. Any actual or prospective bidder, offeror, proposer, vendor, or
contractor who is aggrieved in connection with the solicitation or award of a contract
must file a bid protest with the circuit court within ten (10) business days from the
date of the protested award.
B. Debarment Protests. Any actual or prospective bidder, offeror, proposer, vendor, or
contractor who is aggrieved in connection with being debarred from the City's bid list
may protest in writing to the City Council.
SECTION 29. RETENTION OF CONSULTANTS
Procedures for retention of consultants shall be as authorized by Section 287.055, Florida
Statutes, as amended, and Ordinance No. 719, as amended.
SECTION 30. SEVERABILITY
If any one or more of the provisions of this Ordinance should be held contrary to any
express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such
provisions shall be null and void and shall be deemed severable from the remaining provisions of
this Ordinance and in no way shall affect the validity of all other provisions of this Ordinance.
SECTION 31. REPEALER
Upon the effective date of this Ordinance, any other ordinances or resolutions in conflict
herewith are hereby repealed in their entirety.
SECTION 32. EFFECTIVE DATE
This Ordinance shall become effective immediately upon passage on the second reading
and-signing by the Mayor.
- Thfo gggi
e Ordinance No. 867-04 was read and passed on the first reading by the City
Counci `d the•Citg -oE -"hyrhills, Florida, on this 23rd day of February, 2004.
Attest: I
43:.Lin D. Bean;City.Clerk LANC•. A . S I HH,Council President
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Th€19,r.....
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rdinance No. 867-04 was read and passed on the second reading by the
City.Council of the City of Zephyrhills,Florida, on this 8th day of March, 2004.
Attests C%�i�-r�4 . / 040, nip
1.i
I : Liida, . Boan, it Clerk L A • A . S'.•1 H, CouncifPresident
CThe f regoing Ordnance No. 867-04 was approved by me this 8d'day of March, 2004.
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W. Cliff'tcD ffie, •- yor
Approved t ga f and legal content
Karla S. Owens, City Attorney