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HomeMy WebLinkAbout1407-20 Amending Financial Policy - Purchasing INSTR#2020181364 OR BK 10204 PG 2285 Page 1 of 4 10/28/2020 08:37 AM Rcpt 2220112 Rec:35.50 DS:0.00 IT:0.00 Nikki Alvarez-Sowles,Esq.,Pasco County Clerk&Comptroller I ORDINANCE NO.1407-20 1 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 Florida that: SECTION ONE: 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$250,000,or when the consultant's fee is estimated to cost in excess of$50,000,the City shall publish a legal advertisement requesting proposals from qualified firms. The F.: publication shall include a general description of the project,and the scope of services L,_ 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 from • 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$250,000 or the consultant's estimated fee does not exceed$50,000." SECTION TWO: 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: I i "§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 $50,000,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 last day set for the receipt of the bids. - 1 - 1 OR BK 10204 PG 2286 Page 2 of 4 (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 AgentIhas 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 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: 132.61.AWARD OF CONTRACT. (A) All contracts,when the sum is$50,000 or less,shall be awarded 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$50,000,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. I , (3)The character,integrity,reputation,judgment,experience,and efficiency of the bidder. (4)The quality of performance of previous contracts. (5)The previous and existing compliance by the 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 adaptability of 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. _2_ OR BK 10204 PG 2287 Page 3 of 4 i I (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: 132.62. THE BIDS. Award of all the bids with a value of$50,000 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: 132.69. OPEN MARKET PROCEDURES. (A) Generally,all purchases of supplies and contractual services of°total estimated value of more than$5,000 and less than$50,000 maybe made in the open market without newspaper advertisement and without observing the procedure prescribed by this subchapter 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 competitive quotes and shall be awarded to the lowest responsive,responsible bidder in accordance with the standards set forth in this subchapter,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 dale,but shall use all reasonably available and current vendors and suppliers lists. All oral quotes in excess of $5,000 but less than$50,000 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,video products, 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 agent with 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§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: 132.74. 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 by gift,purchase,lease,or otherwise in such amounts as may be necessary. The City Council is further authorized to enter -3- I OR BK 10204 PG 2288 Page 4 of 4 I I into exclusive or nonexclusive contracts with established public or private agencies or firms,and to appropriate such funds as it deems advisable or necessary. Thel,City Council shall not purchase land and/or improvements for$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 be 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 foregoing Ordinance No. 1407-20 was read and passed on the first reading in an open and regular mee�ip •-of the City Council of the City of Zephyrhills, Florida, on this 12th day of Octo)r, Q20!''?k, Atfest:: �r y Loh•L.Hillman,Pity Clerk Charles E.Proctor, ouncil President ••=z 57 0 ©Q The fare oin ( llnance No. 1407-20 was read and passed on the second reading,following a public IleaVikion an open and regular meeting of the City Council of the City of Zephyrhills, Florida,on this 26th day•of October,2020. AtCest©� (jf .� .GG.tJf1711-G�� OF Lori L.Ht11m City Clerk harles E.Proctor,Com it President I • The fore jtoing'Ordinannc No.1407-20 was approved by me this 26th day of October,2020. • Ge Whitfield,Mai I Approved as to legal form and legal content for the reliance of the City of Zep yrhil�ly: Matthew E.Maggard,Cif}'Attorney -4 • -