Fort Walton Beach Ordinance — 2191--Amending COO Chapter 4 Finance & Taxation, Purchasing Related to Spending Thresholds — reading text

safety is threatened 2. 14. 2. Critical City operations are severely adversely affected 2. 14. 3. Delay in the procurement of goods/ services is against the public interest 2. 15. Gratuity —A favor or gift, usually in the form of money, given in return for service. 2. 16. Immediate Family— spouse, brother, sister, parents, children, in-laws. Page 2 of 14 2. 17. Invitation to Bid( ITB)— a method of soliciting bids for the acquisition of goods and/ or services when specification requirements are precise and stated in fairly exact terms, including the terms and conditions of the bid document. The responses to an ITB must be returned to a specific location at a specific time, in accordance with the bid document, and all responses received by the time and date set forth must be opened and read aloud in public. 2. 18. Local Merchant — A merchant whose primary place of business is located within the City of Fort Walton Beach and who has possessed a valid City of Fort Walton Beach Business Tax Receipt for a minimum of one ( 1) year prior to the issuance of the procurement mechanism. 2. 19. Lowest bidder— the bidder with the lowest price. 2. 20. Minority Business Enterprise — business certified by the Office of Supplier Diversity and that meets the criteria outlined by F. S. 288. 703. 2. 21. Non- Competitive Purchases ( Sole Source) — award of contracts for goods/ services available from only one source, such as unique, patented, proprietary, or franchised supplies, or by the unique nature of the requirement or vendor, the impracticality of obtaining competition, or market conditions. 2. 22. Petty Cash— method of payment governed by Administrative Policy FIN03. 2. 23. Purchase Order— the official legal record of contract between the City and a vendor. 2. 24. Piggyback — a method of procuring goods or services via utilizing a bid or contract issued by another public agency that has fulfilled the requirements of competitive solicitation. 2. 25. Purchasing Card — method of payment whereby charges are paid based on receipts or invoices at month end utilizing a credit card and not requiring a purchase order. 2. 26. Purchase Requisition— an electronic document detailing the goods or services being requested, and from which quotes will normally be obtained and a purchase order subsequently issued. This is the preferred mechanism for requesting a purchase. 2. 27. Request for Proposal ( RFP) — a competitive procurement method used when the specifications or scope of work which the commodities or contractual service requires cannot be specifically defined, and/ or when a qualified bidder is requested to propose commodities or contractual services to meet the desired outcome described in the solicitation. 2. 28. Request for Qualifications ( RFQ) — a competitive procurement method used when the required service is of a professional and/ or highly technical nature and is issued and evaluated in accordance with F. S. 287. 055. Focuses on determining qualifications of bidders or providers of professional services. 2. 29. Responsible bidder— a bidder who has the capability, in all respects, to fully perform the contract requirements and the integrity and reliability to assure good faith in performance. 2. 30. Responsive bidder— a bidder who is responsible and conforms in all material respects to the requirements of the solicitation. 2. 31. Scope of Services — detailed description of the service requested to be performed in a contract. 2. 32. State Contract — a contract for goods or services issued by the Florida Department of Management Services for use by all state agencies. Page 3 of 14  2. 33 Task Order— supplementary contractual and obligating documents that usually include task description, task schedule, and a budget scope for the completion of a specific task under a broader contract for professional services. 3. POLICY/PROCEDURES 3. 1. Code of Ethics and Standards of Conduct 3. 1. 1. All City personnel and officials engaged in purchasing and related activities shall conduct business dealings in a manner above reproach in every respect. 3. 1. 2. All City personnel and officials engaged in the purchasing cycle are bound by the standard of conduct for public officers and employees set forth in F. S. 112. 313. 3. 2. City Personnel and Officials Conflict of Interest 3. 2. 1. It shall be a breach of ethical standards for City personnel or officials to participate directly or indirectly in the purchasing process when the employee knows that: 3. 2. 1. 1. He/she or any member of his/her immediate family will benefit from a City purchasing transaction. 3. 2. 1. 2. A business or organization in which he/she or any member of his/her immediate family has a financial interest and will benefit from a City purchasing transaction. 3. 2. 1. 3. Any other person, business or organization with whom he/she or any member of his/her immediate family is negotiating or has an arrangement for employment and will ultimately benefit from a City purchasing transaction. 3. 2. 2. All individuals taking part in the development or selection of criteria for evaluation, the evaluation process and the contract award process in any purchase shall be independent of and have no conflict of interest in the entities evaluated and selected. 3. 2. 3. No goods or services shall be purchased from any City Personnel or Official except during an emergency as defined by this policy or as approved in advance by the Finance Director. 3. 2. 4. Violations of breach of ethical standards and/ or Conflict of Interest policies. as stated in Sections 3. 2 or 3. 3. may result in disciplinary ction, up to and including termination, 3. 3. Gratuities 3. 3. 1. It shall be a breach of ethical standards for City Personnel or Officials to accept, solicit, or agree to accept a gratuity of any kind for personal gain in connection with any contract for commodities or services. 3. 3. 2. Current or potential contractors are prohibited from offering City Personnel or Officials a gratuity of any kind for the City Personnel' s or Official' s personal gain to influence the development of a contract or potential contract for commodities or services. 3. 4. Local Merchant Preference 3. 4. 1. The lowest responsive, responsible bidder who meets the definition of a local merchant, as established by this policy, who is within 2% or Page 4 of 14  2, 500, whichever is less, of the bid of the lowest responsive, responsible non- local merchant bidder, will be afforded the opportunity to match the bid submitted by the non-local merchant bidder, and thereby receive award of the competitive procurement. 3. 4.2. If all bids/ proposals received in response to a competitive procurement are for the same total amount or unit price, quality and service being equal, the procurement shall be awarded to the local merchant, as defined in this policy. 3. 4. 3. Local merchant will be a scheduled evaluation criteria in all Request for Proposal ( RFP) competitive solicitations and will be assigned a weight of 5%. If the proposal meets the definition of a local merchant, as established by this policy, the proposal will be awarded 5 points by each evaluation committee member. 3. 4.4. Exception to this Local Merchant Preference policy shall apply to: 3. 4. 4. 1. Purchases or contracts made under an emergency situation, as defined by this policy. 3. 4. 4.2. Purchases funded in whole or part by a governmental agency grant purchases). 3. 5. Certified Minority Business Enterprise 3. 5. 1. Certification as a Minority Business Enterprise ( MBE) will be a scheduled evaluation criteria in all Request for Proposal ( RFP) competitive solicitations and will be assigned a weight of 5%. If the proposal meets the definition of a Minority Business Enterprise, as established by this policy, the proposal will be awarded 5 points by each evaluation committee member. 3. 6. Purchasing Approvals and Authorization 3. 6. 1. All purchases must be approved, as stated below, and authorized via a purchase requisition, direct payment request, or credit card, as provided for in this policy, prior to the purchase being made or the service being rendered to the City. 3. 6. 2. Failure to receive required approval prior to the purchase being made or the service being rendered may result in disciplinary action, up to and including teHnination. 3. 6. 3. Exceptions to this policy may be granted in the event of an emergency situation, as defined by this policy. 3. 6.4. City Council is: 3. 6. 4. 1. Responsible for approving all regular and emergency purchases in amounts equal to or greater than $5100,000. 3. 6. 4. 2. Responsible for approving all single Change Orders in amounts equal to or greater than $ 5100, 000 ( or equal to or greater than 10% in the aggregate of project total). 3. 6. 5. City Manager is: 3. 6. 5. 1. Responsible for approving all regular and emergency purchases in amounts up to $499, 999. 3. 6. 5. 2. Responsible for approving single Change Orders up to 499,999, multiple Change Orders up to an aggregate of 10% of the project total, and all Change Orders decreasing the cost of a