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

bid/proposal. 3. 11. 5. Unique circumstances in which the City Council finds that competitive bidding is not in the best interest of the City. 3. 11. 6. 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. 11. 7. Situations of cooperative procurements, as defined by this Policy, whereby procurement may be made, subject to the purchasing authorities outlined in this Policy. 3. 11. 8. 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. 11. 9. Contracts in which the City elects to piggyback, as defined by this Policy. 3. 11. 10. Local utility services for City owned and operated facilities. 3. 11. 11. Other waivers as approved by City Council. 3. 11. 12. Under other documented and justified circumstances approved by the City Manager or the City Council. 3. 12. Vendor Protest 3. 12. 1. Bidders or respondants who do not agree with the City Council' s recommendation for award are afforded the opportunity to protest the recommendation by submitting written notice to the Purchasing Division within five ( 5) business days after notice of award or after the date the petitioner could reasonably be expected to have known of the City' s recommendation. 3. 12. 2. The written notice must state the grounds for the protest and the action requested. 141-  3. 12. 3. The Purchasing Division will conduct a review of the protest and submit a written response to the City Manager recommending either denial or approval of the petition. 3. 12. 4. The City Manager shall review and either approve or disapprove the Purchasing Division' s recommendation on the petition, employing any reasonable means to reach the decision. The protesting party will be provided written notice of the final decision. 3. 12. 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 five ( 5) business days from the date of the City Manager' s decision. 3. 12. 6. The written request for appeal must state the grounds for the appeal and the action requested by City Council. 3. 12. 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. 12. 8. A final decision under this section shall be conclusive and shall represent the position of the City. 3. 13. Contract Preparation 3. 13. 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. 13. 2. The Purchasing Division shall be responsible for all negotiations with vendors. 3. 13. 3. At no time shall a City employee, other than authorized in this policy, negotiate with a vendor regarding contract terms. 3. 13. 4. The user department shall coordinate with the Purchasing Division the expectations of the contract. 3. 13. 5. Upon approval of the contract by all parties, the user department shall generate a purchase requisition. 3. 13. 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. 14. Contract Extensions 3. 14. 1. Bid awards may be made for a term of one ( 1) year, with additional renewal options following the end of the intitial one ( 1) year term, when applicable. 3. 14. 2. When additional renewal options exist in a contract the following responsibilities exist: 3. 14. 2. 1. The Purchasing Division shall notify the user department of the pending expiration of the contract at least 45 days prior to the expiration date and inquire whether the user department desires to exercise the renewal option. 142-  3. 14. 2. 2. The user department will notify the Purchasing Division, in writing, regarding their desire to exercise the renewal option. 3. 14. 2. 2. 1. The written notification should include any changes in the specifications and any vendor evaluation criteria that would influence the decision. 3. 14. 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. 14. 2. 4. All contract extensions require signatures from the user department, the City Manager, and the City Clerk. 3. 15. Change Orders 3. 15. 1. The City Manager is authorized to approve and initiate work on change orders that fall within the guidelines previously established by this Policy. 3. 15. 2. 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. 15. 3. No claim against the City for extra work in furtherance of such change order shall be allowed unless said prior approval has been obtained, other position, contractual or notwithstanding any otherwise. 3. 15. 4. A change order may not substantially alter the character of the work contracted for. 3. 15. 5. A change order may not vary so substantially from the original specifications as to constitue a new undertaking. 3. 15. 6. All change orders must be reasonably and conscientiously viewed as being in fulfillment of the original scope of the contract. 3. 16. Receiving and Payment 3. 16. 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. 16. 2. If the goods /services are not acceptable, the user department must contact the Purchasing Division immediately to resolve the problem. 3. 16. 3. If the goods /services are acceptable, the user department must generate a receiving report immediately. 3. 16. 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. 16. 5. A check will be issued to the vendor when the proper documentation has been received by the Accounts Payable staff. 4.4. ADDITIONALADDITIONAL INFORMATION,INFORMATION, REQUIREMENTSREQUIREMENTS ANDAND RESPONSIBILITIESRESPONSIBILITIES 143-143-  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. 144- 1 RESOLUTION 2009 -42 2 3 4 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, 5 FLORIDA; APPROVING ADMINISTRATIVE POLICY FIN -09 FOR 6 PURCHASING; AND SETTING AN EFFECTIVE DATE. 7 8 9 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON 10 BEACH, FLORIDA AS FOLLOWS: 11 12 13 Pursuant to section 4. 01. 025, of the Code of Ordinances, the City Council must 14 approve the administrative practices for purchases above the established threshold 15 amounts of $ 20, 000 and $ 25, 000 for equipment and vehicle repairs. Therefore, the City 16 Council hereby approves the administrative practices for these purchases as set forth in 17 Administrative Policy FIN -09, Purchasing. 18 19 This Resolution shall take effect immediately upon approval by the City Council. 20 21 22 23 Adopted: 24 Mike Anderson, Mayor 25 26 27 28 Attest: Approved for form and legal sufficiency: 29 30 31 32 Helen Spencer, City Clerk Toni L. Craig, City Attorney 145-  City Council Regular Meeting October 13, 2009 This page is left intentionally blank 146-  CITY COUNCIL MEETING October 13, 2009 Discussion - Direction - Action Action: Approval to utilize up to $ 500 in CRA funds to assist with the Chester Pruitt Park Grand Opening event. Synopsis: Approved by Community Redevelopment Agency on September 2, 2009 Agenda Item Number: 9. 6  CITY OF FORT WALTON BEACH, FLORIDA