ORDINANCE 2009-10
AN ORDINANCE OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, AMENDING VARIOUS SECTIONS OF ARTICLE VIII, CHAPTER TWO OF THE TOWN’S CODE OF ORDINANCES REGARDING PURCHASING POLICIES; REQUIRING TOWN COUNCIL APPROVAL FOR PURCHASES WITH AN ESTIMATED VALUE OF $10,000 OR MORE; REQUIRING THAT FINAL DECISION IN THE SELECTION PROCEDURE FOR PROFESSIONAL SERVICES IS TO BE MADE BY TOWN COUNCIL, EXCEPT IN CERTAIN LIMITED CIRCUMSTANCES; PROVIDING FOR CODIFICATION, SEVERABILITY, AND CONFLICTS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Section 6.11 of the Town’s Charter requires the Town Council to enact regulations regarding purchasing and bidding; and
WHEREAS, Article VI of the Town’s Charter reflect the wishes of the citizens that all purchases and expenditures be transparent, responsible, and accountable; and
WHEREAS, public policy in Florida favors competitive procurement, whenever possible, to prevent favoritism, afford public protection, and encourage accountability; and
WHEREAS, by Ordinance 2006-11 and by Ordinance 2009-02, the Council amended Sections 2-362 and 2-363 and other sections of Chapter 2 to allow informal purchasing procedures for purchases of $25,000 or less; and
WHEREAS, upon further consideration, and in light of reduced revenues to the Town and other local governments, it is in the best interest of the Town for the purchasing policies under Chapter 2 be amended to express the intent of the Council that expenditures of $10,000 be approved to Town Council ; and
WHEREAS, similarly, it is in the best interest of the Town to require the final decision in the selection procedure for professional services be made by Town Council, and that the Code be clarified to except certain professional services from the formal selection process under certain limited circumstances.
NOTE: Underlined words constitute additions to the Town of Ponce Inlet Code of Ordinances, strikethrough constitutes deletions from the original Code of Ordinances, and asterisks (***) indicate an omission from the existing text which is intended to remain unchanged.
NOW, THEREFORE, BE IT ENACTED by the Town Council of the Town of Ponce Inlet, Florida as follows:
SECTION 1. Article VIII of Chapter Two, “Administration,” of the Ponce Inlet Code of Ordinances shall be amended to read:
Sec. 2-356.~ Definitions.
Purchases or purchasing~ includes purchases of supplies, goods, commodities, and services (excluding professional services), and professional services unless otherwise specified in this article.~
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Sec. 2-357.~ Sole source; standardization/piggybacking.
(a)~~~Where there is a sole source, where standardization (also known as "piggybacking") is determined to be in the best interest of the town, or where solicitation of bids is otherwise deemed to be inappropriate, the purchase may be made by negotiation without regard to the estimated cost.
(b)~~~Sole source~ is defined as:~
(1)~~~It is the only item or service that will produce the desired result or fulfill the town's specific need. Compatibility with existing equipment shall be in acceptable justification for waiver of bidding requirements, provided the item or service is only available from a sole source; or
(2)~~~The item or service is available from only one source of supply; or
(3)~~~The item or service is available from more than one supplier, but due to extreme circumstances, only one supplier is suited to provide the goods or services.
(4)~~~The town manager or designee shall attempt to locate competition or other sources of supply prior to making the decision to award based upon sole source and shall document attempts made. No award to a sole source may be given for an estimated purchase in excess of $25,000 $10,000 without town council approval. Town council approval is not required for contracts under this section for amounts of $25,000.00 $10,000 or less.
(5)~~~Standardization, or "piggybacking," is defined as purchasing, without town invitation to bid or request for proposal, by utilizing an existing contract of the town or other public entity when such contract was awarded as a result of a procurement process similar to that of this article. The vendor-party of the existing contract must be willing to extend the contract to the town under the same terms and conditions as the existing contract. Contracts which have expired more than 24 months cannot be piggybacked. No piggyback award may be given for an estimated purchase in excess of $25,000 $10,000 without town council approval. Town council approval is not required for contracts under this section for amounts of $25,000.00 $10,000 or
less.
Sec. 2-358.~ Emergency purchases.
(a)~~~In case of any apparent emergency which requires immediate purchase of supplies, equipment or contractual services (excluding legal services), the town manager, or the manager's designee, is authorized to secure by open market procedure as herein set forth, at the lowest obtainable price, any such supplies, equipment or contractual services.
(b) Emergency is defined as:
(1) an incident or accident or equipment breakdown, which jeopardizes public health, welfare, and safety. ; or
(2) an incident, accident, or equipment breakdown which could result in adverse financial consequences for the town, and sufficient time is not available to follow the bid requirements of this article.
(c) During working hours, a verbal authorization by the town manager, or the manager's designee, is required without a purchase order being required. If an emergency occurs during nonworking hours or on weekends, the appropriate department head or his designee is authorized to correct the problem. Proper paperwork must follow within one working day. "Emergency" is further defined as a situation where probable legal problems and/or adverse financial consequences could result and sufficient time is not available to follow the bid requirements of this article. In a situation such as this,
(d) Tthe town manager is granted authority to correct the problem even if the price exceeds $25,000.00 $10,000. Unless sole source, at least three telephone bids are required and an immediate written report must be made to the town council if the price exceeds $25,000.00 $10,000.
(e) Where possible, council approval must be received prior to authorization.
Sec. 2-359.~ Authority of town manager; contracts in writing.
(a)~~~Purchases of an estimated value of $25,000.00 $10,000.00 or less may be made by the town manager in the open market without newspaper advertisement and without observing the formal bidding and proposal procedures set forth in this article.
(b)~~~The town manager is hereby granted authority to adopt any and all such additional administrative policies and procedures supplemental to the provisions of this article that are in the best interests of the town, and not inconsistent with the intent of this article.
(c)~~~All purchases of goods in the amount of $500.00 or more must be in writing, must identify both parties, the contract's subject matter, terms and conditions of the contract, sale amount, and the signature of the town manager.
DIVISION 2.~ PURCHASING THRESHOLDS
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Sec. 2-362.~ Small purchases in excess of one thousand dollars and up to and including twenty-five ten thousand dollars.
(a)~~~For all purchases in excess of $1,000.00 up to and including $25,000.00 $10,000, no less than three businesses shall be solicited to submit quotations. Businesses within the town shall be used to the maximum extent feasible. Award shall be made to the business offering the lowest acceptable quotation.
(b)~~~The town manager is authorized to make purchases or amend contracts as provided for in this section. For purchases in excess of $1,000.00 but less than and including $3,500.00, quotations may be verbal or written. For purchases in excess of $3,500.00 and up to and including $25,000.00 $10,000, all quotations shall be in writing and the names of the businesses submitting quotations and the date and amount of each quotation shall be recorded and maintained as a public record.
Sec. 2-363.~ Large purchases.
All purchases, except as otherwise provided herein, when the estimated cost thereof exceeds $25,000.00 $10,000.00, shall be made by formal written contract from the lowest responsible bidder, after due notice formally inviting proposals or bids.
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Sec. 2-365.~ Professional services.
Professional services, other than those included within the scope of the Consultants' Competitive Negotiation Act, with an estimated cost in excess of $10,000, $25,000.00 shall be procured in accordance with the selection procedures specified in division 5 of this article. Professional legal services shall be procured in accordance with the selection procedures set forth in division 5 of this article, regardless of the estimated cost.
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DIVISION 5.~ PROFESSIONAL SERVICES
Sec. 2-396.~ Selection procedure.
(a) Professional services shall be procured in accordance with this subsection.
(1)~~~Statement of qualifications.~ Persons engaged in providing the types of professional services desired may submit statements of qualifications and expressions of interest in providing such professional services. A uniform format for statements of qualifications may be specified by the town. Persons may amend these statements at any time prior to any specified deadline by filing a new statement.~
(2)~~~Public announcement and form of request for proposals.~ Adequate notice of the need for such services shall be given by the town through a request for proposals. The request for proposals shall describe the services required and list the types of information and data required of each offeror.~
(3)~~~Advertisement.~ The town manager shall advertise the town's request for proposals in a publication, which in his or her opinion, will lead to the greatest number of inquires by qualified persons. A copy of the request for proposals shall also be posted and available at town hall.~
(4)~~~Quotation of proposed fees.~ All those interested persons submitting proposals shall include a quotation of their proposed fees for the performance of their services on behalf of the town. The quotation of proposed fees shall include rates, fees, charges and other detailed cost proposal or cost breakdown information as may be required by the town's request for proposals. The fees quoted shall be considered as one factor in determining the person to render services to the town.~
(5)~~~Discussions.~ The department head procuring the required professional services or a designee of such officer may conduct discussions with any offeror who has submitted a proposal to determine such offeror's qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other offerors.~
(6)~~~Opening of submittals.~ All proposals received from interested parties shall remain sealed until the deadline, as specified in the request for proposals, at which time they shall be opened, distributed to the town council members and made available for review by the public.~
(7)~~~Town council determination.~ At a meeting of the town council, to which all those submitting proposals may attend, the town council shall review the proposals and hear presentations, from those individuals or entities wishing to make them, and shall make a selection based upon considerations of qualifications, experience, scope of services, fee and such other information and data as set out in the request for proposals.~
(8)~~~Contract.~ A contract shall be prepared between the individual or entity selected by the town council and the town.~
(9)~~~Rejection of all proposals.~ If, for some reason, the contract cannot be entered into, the town council shall reconsider the remaining proposals until such time as an individual or entity is brought under contract. However, if for any reason the town council is dissatisfied, in any way, with the proposals submitted, the town council may, at its complete and absolute discretion, elect to terminate the selection process and request that it be reinitiated.~
(b) The procurement process set forth in subsection (a) herein shall not be required when:
(1) The town manager, appropriate department director, and town attorney agree that the services of another attorney is required in a quasi-judicial proceeding to represent staff or a quasi-judicial board.
(2) The town manager determines that legal advice or services are needed from a labor and employment attorney who provides such services to the town on an on-going basis.
(3) The town manager, appropriate department director, and town attorney agree, or the town council determines, that the services of another attorney is necessary to defend a public officer, employee, or agent of the town, or the town, in an imminent or pending lawsuit.
(4) Legal services are provided by the town’s insurer.
(5) An attorney or other consultant representing or retained by the town has a conflict of interest on a matter, and the town manager, appropriate department director, and town attorney agree, or the town council determines that another attorney or consultant is required for that matter.
(6) The town manager, appropriate department director, and town attorney agree that an expert is necessary in a quasi-judicial proceeding or imminent or pending litigation.
(7) In all instances set forth in this subsection, when possible, council approval must be received prior to hiring an attorney or other consultant. If council approval cannot be received prior to hiring an attorney or consultant, an immediate report to town council must be made.
Sec. 2-397.~ Designated professional services.
The town council may establish by resolution specific selection procedures and criteria for designated professional services.
Sec. 2-398.~ Cooperative purchasing and retention of professional services.
The town manager may elect to join with other state, federal or local governmental units in cooperative purchasing and retention of professional services ventures when the best interests of the town would be served thereby, provided the same is in accordance with all applicable laws. Town council approval is not required for contracts under this section for amounts of $25,000.00 $10,000.00 or less. Contracts under this section for amounts in excess of $25,000.00 $10,000.00 require town council approval.
SECTION 2. Codification. It is the intention of the Town Council of the Town of Ponce Inlet, Florida, that this Ordinance shall be codified into the Code of the Town of Ponce Inlet. The codifier is granted broad and liberal authority in codifying the provision of this Ordinance.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 4. Conflicting Ordinances. All ordinances in conflict herewith are hereby repealed.
SECTION 5. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption.
It was moved by Vice-Mayor Davis and seconded by Mayor Goudie that said Ordinance be passed on first reading. A roll call vote of the Town Council on said motion resulted as follows:
Mayor Goudie, Seat #1 Yes
Councilmember Derr, Seat #2 Yes
Councilmember McCormick, Seat #3 No
Vice-Mayor Davis, Seat #4 Yes
Councilmember Sturno, Seat #5 Yes
Passed on first reading this 15th day of July, 2009.
It was moved by Councilmember Sturno and seconded by Mayor Goudie that said Ordinance be adopted on second reading. A roll call vote of the Town Council on said motion resulted as follows:
Mayor Goudie, Seat #1 Yes
Councilmember Derr, Seat #2 Yes
Councilmember McCormick, Seat #3 Yes
Vice-Mayor Davis, Seat #4 Yes
Councilmember Sturno, Seat #5 Yes
Passed upon second reading and adopted this 20th day of August, 2009.
Town of Ponce Inlet, Florida
Tony Goudie, Mayor
ATTEST:
______________________________
Jeaneen P. Clauss,
Interim Town Manager/Town ClerkTown Manager
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