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

involving a particular skill, ability, experience, or expertise, which are in their nature unique. 3. 12. 5. Non-Competitive purchases ( Sole Source) supplies or services, available only from one source, such as unique, patented, or franchised supplies, as defined by this Policy. 3. 12. 6. No qualified bids received after public advertisement of a bid/proposal. 3. 12. 7. Unique circumstances in which the City Council finds that competitive bidding is not in the best interest of the City. 3. 12. 8. Circumstances in which the City Council finds that using formal written contracts or competitive solicitations of other governmental entities is in the best interest of the City. 3. 12. 9. Situations of cooperative procurements, as defined by this Policy, whereby procurement may be made, subject to the purchasing authorities outlined in this Policy. 3. 12. 10. Supplies, materials, equipment and services included as a State Contract as set forth in F. S. 287, as amended from time to time, or with the United States Government. 3. 12. 11. Contracts in which the City elects to piggyback, as defined by this Policy. 3. 12. 12. Local utility services for City owned and operated facilities. 3. 12. 13. Other waivers as approved by City Council. 3. 12. 14. Other documented and justified circumstances approved by the City Manager or the City Council. 3. 13. Vendor Protest 3. 13. 1. Bidders or respondents who do not agree with the City Council' s award are afforded the opportunity to protest the recommendation by submitting a written vendor protest to the Purchasing Division within three ( 3) business days after City Council has awarded the purchase. Failure to file a written vendor protest within three ( 3) business days shall constitute a waiver of proceedings under this policy. 3. 13. 2. The written vendor protest must state the grounds for the protest and the action requested. 3. 13. 3. The Purchasing Division will conduct a review of the written vendor protest and submit a written response to the City Manager recommending either denial or approval of the written vendor protest. 3. 13. 4. The City Manager shall review and either approve or disapprove the Purchasing Division' s recommendation on the written vendor protest, employing any reasonable means to reach the decision. The protesting party will be provided written notice of the final decision. Page 12 of 14  3. 13. 5. Decisions made by the City Manager may be appealed to the City Council by submission to the City Clerk of a written request for a hearing within three ( 3) business days from the date of the City Manager' s decision. Failure to file an appeal within three( 3) days will constitute a waiver of proceedings under this policy. 3. 13. 6. The written request for appeal must state the grounds for the appeal and the action requested by City Council. 3. 13. 7. In the event of a timely protest and/ or appeal, the City shall not proceed with award unless the City Manager justifies the award in order to protect public health, welfare, and safety. 3. 13. 8. A final decision under this section shall be conclusive and shall represent the position of the City. 3. 14. Contract Preparation 3. 14. 1. The Purchasing Division shall work, in conjunction with the City Attorney, to draft a contract for the award of a competitive solicitation or other purchase, when applicable. 3. 14. 2. The Purchasing Division shall be responsible for all negotiations with vendors, unless specifically directed otherwise by City Council decision. 3. 14. 3. At no time shall a City employee, other than authorized in this policy, negotiate with a vendor regarding contract terms. 3. 14. 4. The user department shall coordinate with the Purchasing Division the expectations of the contract. 3. 14. 5. Upon approval of the contract by all parties, the user department shall generate a purchase requisition. 3. 14. 6. The purchase order will be forwarded by the Purchasing Division to the vendor and the Purchasing Division will secure an acknowledged copy of the purchase order, indicating agreement to the Purchase Order Terms and Conditions. 3. 15. Contract Extensions 3. 15. 1. Bid awards may be made for a term of up to three ( 3) years, with additional renewal options following the end of the initial term, when applicable. 3. 15. 2. When additional renewal options exist in a contract the following responsibilities exist: 3. 15. 2. 1. The Purchasing Division shall notify the user department of the pending expiration of the contract at least 60 days prior to the expiration date and inquire whether the user department desires to exercise the renewal option. 3. 15. 2. 2. The user department will notify the Purchasing Division, in writing, regarding their desire to exercise the renewal option. 3. 15. 2. 2. 1. The written notification should include any changes in the specifications and any vendor evaluation criteria that would influence the decision. Page 13 of 14  3. 15. 2. 3. The Purchasing Division shall negotiate the renewal option with the Vendor and notify the user department and the Finance Director prior to issuing a contract extension. 3. 15. 2.4. All contract extensions require signatures from the user department, the City Manager, and the City Clerk. 3. 16. Change Orders 3. 16. 1. All Change Orders must be submitted to the Purchasing Division. 3. 16. 2. The City Manager is authorized to approve and initiate work on change orders that fall within the guidelines previously established by this Policy. 3. 16. 3. All other change orders, unless specifically authorized by the City Council, must be formally approved by the City Council before work is authorized to begin. 3. 16. 4. No claim against the City for extra work in furtherance of such change order shall be allowed unless said prior approval has been obtained, notwithstanding any other position, contractual or otherwise. 3. 16. 5. A change order may not substantially alter the character of the work contracted for. 3. 16. 6. A change order may not vary so substantially from the original specifications as to constitute a new undertaking. 3. 16. 7. All change orders must be reasonably and conscientiously viewed as being in fulfillment of the original scope of the contract. 3. 17. Receiving and Payment 3. 17. 1. It is the responsibility of the user department to inspect all goods/ services received to determine their conformance with the specifications set forth in the contract. 3. 17. 2. If the goods/ services are not acceptable, the user department must contact the Purchasing Division immediately to resolve the problem. 3. 17. 3. If the goods/ services are acceptable, the user department must generate a receiving report immediately. 3. 17. 4. The user department must forward all signed packing slips and/ or invoices to the Accounts Payable staff in the Financial Services Department immediately upon receipt. 3. 17. 5. A check will be issued to the vendor within 45 days from the date of the invoice or when the proper documentation has been received by the Accounts Payable staff 4. ADDITIONAL INFORMATION, REQUIREMENTS AND RESPONSIBILITIES 4. 1. It is the responsibility of the Purchasing Agent and the Finance Director to monitor and update this policy as necessary. 5. AUTHORITY 5. 1. Direction of the City Manager. 5. 2. Approval by the City Council— Ordinance 2191. Page 14 of 14