Fort Walton Beach Ordinance — 1838 - Amend Code - Repeal local merchant preference — reading text

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 orany 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. 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. In accordance with Section 4. 01.02 of the City of Fort Walton Beach Code of Ordinances, in operating within the policy of purchasing quality to suit the intended purpose at the least expense, every effort will be made to purchase from merchants located within the City. 3.4. 2. The lowest responsive, responsible bidder who meets the definition of a local merchant, as established by this policy, who is within 2% or $ 1, 000, 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. 3. 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. 3.4.4. 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. 5. Exception to this Local Merchant Preference policy shall apply to purchases: 3.4. 5. 1. Purchases or contracts made under an emergency situation, as defined by this policy. 3.4. 5. 2. Funded in whole or part by a governmental agency ( grant purchases ). 3.4. 6. TheCity Council may waive application of the local merchant preference. 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, 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 termination. 3. 6. 3. Exceptions to this policy may be in the event of granted an emergency situation, as defined by this policy. 3. 6.4. City Council 3. 6.4. 1. Responsible for approving all regular and emergency purchases in amounts equal to or greater than $20,000. 3. 6.4. 2. Responsible for approving all Vehicle and Equipment repairs in amounts equal to or greater than $ 25, 000. 3. 6.4.3. Responsible for approving all single Change Orders in amounts equal to or greater than $ 20, 000 ( or equal to or greater than 10% in the aggregate of project total). 3. 6. 5. City Manager 3. 6. 5. 1. Responsible for approving all regular and emergency purchases in amounts up to $ 20,000. 3. 6. 5. 2. Responsible for approving all Vehicle and Equipment repairs in amounts up to $ 25, 000. 3. 6. 5. 3. Responsible for approving single Change Orders up to 20,000, multiple Change Orders up to an aggregate of 10% of the project total, and all Change Orders decreasing the cost of a contract, providing such change orders do not materially alter the scope of work defined by the contract. 3. 6. 5.4. Must review and approve all requests for purchases that have an associated lease agreement or contract requirement, including contract extensions. 3. 6. 6. Finance Director 3. 6. 6. 1. Responsible for approving all regular and emergency purchases in amounts up to $ 6, 000. 3. 6. 6. 2. Responsible for approving all Vehicle and Equipment repairs in amounts up to $ 7, 500. 3. 6. 7. Department Directors ( or designee) 3. 6. 7. 1. Responsible for approving all regular, emergency, and vehicle/ equipment repair purchases in amounts up to 1, 500. 3. 6. 7. 2. Directors wishing to assign a designee must send a written request to the Finance Director for approval. 3. 6. 8. IT Director ( or designee) 3. 6. 8. 1. Must approve the purchase of all cell phones and telephones, including repairs, replacements, adding/ deleting lines, and changing phone features and cell phone/telephone accessories. 3. 6. 8. 2. Must approve the purchase of all copying and duplicating equipment, including ordering new equipment and changing features on existing machines. 3. 6. 8.3. Must approve the purchase of all computers, printers,  computer equipment and peripherals, and software, including ordering new computers and printers, developing, purchasing, and installing new software and changing locations of computer equipment and peripherals. 3. 6. 9. Engineering and Utility Services Director 3. 6. 9. 1. Responsible for monitoring and ordering fuel for the City, maintaining fuel dispensing equipment and ensuring that all environmental regulatory requirements are met. 3. 6. 10. Administrative Services Director 3. 6. 10. 1. Must review and approve all requests for purchases and contracts which have an associated insurance requirement. 3. 6. 11. City Attorney 3. 6. 11. 1. Must review and approve all requests for purchases that have an associated lease agreement or contract