Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

Purchasing Division of the City of Ft. Walton Beach are as follows: 2. 2. 1. Deal fairly and equitably with all vendors wishing to do business with the City. 131-  2. 2. 2. Provide professional procurement services for all departments and divisions within the City. 2. 2. 3. Assure adherence to all laws, regulations, and procedures related to City procurement. 2. 2. 4. Maximize competition for all procurements of the City. 2. 2. 5. Obtain maximum savings through innovative buying practices and application of value analysis techniques. 2. 2. 6. Administer and negotiate Contracts for the City. 2. 2. 7. Purchase goods and services from capable vendors at the lowest price, consistent with the quality, performance and delivery requirements of the City. 2. 3. Change Order — a modification to an executed contract due to unanticipated conditions or developments relating to that contract. 2. 4. City Personnel — employees of the City, including the City Manager and the City Clerk. 2. 5. Competitive Procurement — method of procurement used for all purchases greater than or equal to $ 1, 000. 2. 6. Cone of Silence — the period from the time of issuance of the competitive solicitation until the time the award is made, in which no City Employee is permitted to be in contact with bidders regarding an outstanding bid, with the exception of the Purchasing Division. 2. 7. Cooperative Procurement —combining of the requirements of two ( 2) or more political entities to obtain the advantages of volume purchases, improved specifications, reduced administrative costs, and increased intergovernmental cooperation. 2. 8. Credit Card — method of payment whereby charges are allocated to accounts based on receipts or invoices at month end. 2. 9. Designee — City employee who has received prior written approval by the Department Director and the Finance Director to act in the place of the Department Director in specific purchasing functions. 2. 10. Direct Payment form — alternate method of requesting a purchase from a vendor not already established in the City' s accounting system and to which the purchase is non -recurring. 2. 11. Emergency — situation that prompts a purchase when one of the following is occurrirLg: 2. 11. 1. Public health, welfare, or safety is threatened 2. 11. 2. Critical City operations are severely adversely affected 2. 11. 3. Delay in the procurement of goods /services is against the public interest 2. 12. Gratuity —A favor or gift, usually in the form of money, given in return for service. 2. 13. Immediate Family —spouse, brother, sister, parents, or children. 2. 14. Invitation to Bid ( ITB) — traditional 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 132-  location at a specific time, in accordance with the bid document, and the all responses received by the time and date set forth must be opened and read aloud in public. 2. 15. Local Merchant — A merchant whose primary place of business is located within the City of Fort Walton Beach and who possesses a valid City of Fort Walton Beach Business Tax Receipt. 2. 16. Lowest bidder —the bidder with the lowest price. 2. 17. Minority Business Enterprise — business certified by the Office of Supplier Diversity and that meets the criteria outlined by F. S. 288. 703. 2. 18. 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. 19. Petty Cash —method of payment governed by Administrative Policy FIN03. 2. 20. Purchase Order —the official legal record of contract between the City and a vendor. 2. 21. Piggyback — a term used to describe the accessing/use of a bid or contract issued by another State Agency when such bid contains language to allow other State Agencies other than the issuing Agency to access goods or services under the same terms, conditions, and pricing. 2. 22. Purchase Requisition —the preferred mechanism for requesting a purchase. 2. 23. Request for Proposal ( RFP) — a competitive procurement method used when the 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 specifications of the solicitation. 2. 24. 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. 2. 25. 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. 26. Responsive bidder —a bidder who is responsible and conforms in all material respects to the solicitation. 2. 27. Scope of Services —the details of the service requested to be purchased. 2. 28. State Contract — a contract for goods or services issued by the Florida Department of Management Services for use by all state agencies. 2. 29.. Task Order —supplementary contractual and obligating document that usually includes task description, and a budget scope and schedule. 3. POLICY /PROCEDURES 3. 1. Code of Ethics and Standards of Conduct 3. 1. 1. All City personnel engaged in purchasing and related activities shall conduct business dealings in a manner above reproach in every respect. 133-  3. 1. 2. All City personnel 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 Conflict of Interest 3. 2. 1. It shall be a breach of ethical standards for City personnel 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 Elected 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 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 a gratuity of any kind for the City Personnel' 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. Local Merchant will be a scheduled evaluation criteria in all competitive solicitations. 3. 4.3. If all bids /proposals received in response to a competitive solicitation are for the same total amount or unit price, quality and service being equal, the bid/proposal shall be awarded to a local vendor. 3. 5. Minority Business Enterprise 3. 5. 1. VEvery effort will be made to purchase from merchants who are Certified by the Office of Supplier Diversity and that meet the criteria outlined by F. S. 258. 3. 5. 2. Certification as a Minority Business Enterprise will be a scheduled evaluation criteria in all competitive solicitations. 134- 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. City Council 3. 6. 3. 1. Responsible for approving all regular and emergency purchases in amounts equal to or greater than $20, 000. 3. 6. 3. 2. Responsible for approving all Vehicle and Equipment repairs in amounts equal to or greater than $ 25, 000. 3. 6. 3. 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