[HISTORY: Adopted by the City Commission of the City of South Pasadena 7-16-1985 by Ord. No. 85-06 (Ch. 2, Art. IV, of the 1984 Code). Amendments noted where applicable.]
Article I Requirements and Procedure
Article II Bid Protest Procedure
[Amended 1-19-1988 by Ord. No. 87-26; 1-18-1992 by Ord. No. 92-01; 2-9-1993 by Ord. No. 93-02; 8-27-1996 by Ord. No. 96-06; 1-11-2000 by Ord. No. 99-08; 11-13-2001 by Ord. No. 2001-08]
Unless otherwise provided in this chapter, all expenditures for the procurement of commodities or contractual services which are estimated to exceed $35,000 shall be awarded by competitive sealed bid or proposal.
[Amended 10-9-2012 by Ord. No. 2012-02]
For expenditures over $35,000 the Finance Director shall determine whether to solicit sealed bids or a request for sealed proposals. For each expenditure which requires bids or proposals pursuant to this chapter, an invitation shall be issued which shall include a detailed description of the commodities or contractual services sought; the deadline for submittal and the criteria for selection which shall include but need not be limited to price. If the option to renew is contemplated it shall be so stated in the invitation. Advertising for all bids and proposals shall be conducted in a manner that encourages the largest number of responses for a reasonable cost. Advertising may include newspapers, City Web page, direct solicitation by e-mail, regular mail, City television station or any other means of communication. The contract shall be awarded by the City Commission to the qualified and responsive bidder who submits the lowest responsive bid or to the respondent who submits a proposal that is deemed in the best interest of the City. Nothing herein shall prohibit the City Commission from rejecting one or more bids or responses.
[Amended 10-9-2012 by Ord. No. 2012-02]
In accordance with Florida Statute § 112.08, group health and life insurance for City employees shall be awarded by competitive bid. For purposes of this subsection, "competitive bid" shall mean written premium quotes obtained from three or more insurance companies licensed to do business in Florida. The City shall meet the advertising requirement by having one or more insurance brokers solicit bids on behalf of the City and shall advertise the solicitation of bids on the City television channel.
Exceptions. Regardless of the amount of the contract, no competitive bids, proposals or quotes shall be required in the following circumstances:
The services or commodities are being provided by any other governmental entity pursuant to an interlocal agreement.
The services include any type of artistic endeavor not covered by Florida Statute § 287.055.
Legal services, including paralegals; expert witnesses, including appraisal services; and court reporters.
Grant match funds required to be paid to a specific corporation.
The commodities or services are available through an existing federal, state or county contract.
The commodities or services are available through an existing municipal contract, provided the contract was competitively bid.
The service or commodity is only available from a sole source as verified by the Finance Director.
The service or commodity is selected by another entity and required for conformity (i.e., county EMS radio equipment).
The commodities or services are determined by the City Commission to be needed immediately to avoid endangering public health, safety or welfare or to avoid other substantial loss to the city.
Professional architectural, engineering and surveying services covered by Florida Statute § 287.055, the Consultants' Competitive Negotiations Act.
The city shall not divide the procurement of commodities or contractual services so as to avoid the requirements of this chapter. In determining the value of a service contract the amount paid annually for the service shall be used.
For each contractual services contract awarded pursuant to this chapter, the City Commission shall designate an employee to function as contract manager. The contract manager shall be responsible for enforcing performance of the contract terms and conditions and to serve as liaison with the contractor. Said contract manager shall have the authority to approve change orders to contracts, provided the cumulative amount of the change orders on a single contract does not exceed $25,000 and there are funds available in the specific line item of the budget to cover the expense. The Director of Finance shall establish procedures to ensure that contractual services have been rendered in accordance with the contract terms prior to processing the invoice for payment.
[Amended 1-20-1987 by Ord. No. 86-19; 1-19-1988 by Ord. No. 87-26; 7-18-1989 by Ord. No. 89-16; 8-15-1989 by Ord. No. 89-19; 1-28-1992 by Ord. No. 92-01; 8-27-1996 by Ord. No. 96-06; 11-13-2001 by Ord. No. 2001-08]
The City is governed by and shall adhere to the Consultants' Competitive Negotiation Act set forth in Florida Statute § 287.055 and the thresholds established in Florida Statute § 287.017 for the procurement of professional architectural, engineering, landscape architectural, or surveying and mapping services.
[Amended 1-28-1992 by Ord. No. 92-01; 1-11-2000 by Ord. No. 99-08; 11-13-2001 by Ord. No. 2001-08; 10-9-2012 by Ord. No. 2012-02]
Expenditure for commodities or contractual services which are under $5,000 require authorization by the director of the department.
Expenditures over $5,000 and under $35,000 require the director of the department to procure three price quotes. Quotes or a written memo detailing oral quotes shall be furnished to the Finance Department. In the event the director of a department does not select the lowest quote, he or she shall prepare a memo explaining the reasons for selecting the higher price, and the memo shall be signed by the commissioner of his or her department before the expenditure is made. The Director of Public Works shall have the authority to waive the requirement of procuring quotes by declaring an expenditure of up to $10,000 an emergency. Before declaring an emergency, the Director of Public Works shall make every effort to consult with the Commissioner of Public Works. An emergency is an expenditure needed immediately to avoid endangering public health, safety or welfare or other substantial loss to the City. The Director of Public Works shall submit a memo to the Finance Department substantiating the emergency expenditure.
[Amended 8-15-1989 by Ord. No. 89-14; 5-15-1990 by Ord. No. 90-14; 1-28-1992 by Ord. No. 92-01]
Petty cash funds.
Petty cash funds are established to provide a ready source of funds for payments of miscellaneous expenses such as supplies, miscellaneous postage, etc., and should not be used for expenses which exceed $20 unless prior approval is obtained from the Director of the department. The petty cash fund eliminates the need for writing checks for small items and facilitates quick minor disbursements.
A petty cash voucher shall be prepared and signed by the employee and the Director of the department. If advance cash is received, the expenditure must be accounted for by each respective Director of the department for purchases made with a combination of cash returned and receipt (invoice) for materials. Advance amount is then changed to reflect actual expenditure. All petty cash receipt disbursements must be accounted for by a petty cash receipt (signed by employee and Director of the department) and materials receipt.
Travel expenses. The provisions of F.S. § 112.061 are superseded by the provisions of this section, and any provisions of F.S. § 112.061 which are not in direct conflict with this section are deemed to have been considered and specifically rejected by the City. Travel expenses for all authorized travel, including transportation, meals, lodging, communications and registration fees, shall be reimbursed at actual cost without regard to the limitations set forth in F.S. § 112.061. Any person authorized to travel at City expense shall complete an expense report on the forms provided by the Finance Department and shall attach receipts for all expenses. The Finance Department shall reimburse all properly documented expenses. Any individual who is authorized to travel may obtain a cash advance, based on the reasonable projected cost of the trip, by submitting a check request to the Finance Department. In cases where an advance is given, any money advanced but not expended shall be returned to the Finance Department within one week of returning from a trip, together with the required expense report and receipts for the expenses incurred.
[Amended 4-22-1997 by Ord. No. 97-05]
A City Visa/Master Card is available for use with the authority of any Director of any department or a Commissioner.
[Added 11-15-1988 by Ord. No. 88-28]
Under circumstances where materials, services or parts may be provided only by a sole-source provider, advertising for bid requests and the procurement of three quotations may be waived; however, all other provisions under this chapter shall be observed.
[Added 4-22-1997 by Ord. No. 97-05; amended 11-24-1998 by Ord. No. 98-12]
The City Commission (hereinafter Commission) has considered the subject of expenses, has considered the state law as it applies to travel and the expenditure of public funds and makes the following findings of fact:
It is in the best interest of the public for the City to reimburse members of the Commission for attending conferences, meetings and functions which the majority of the Commission feel provide an opportunity for education and sharing ideas with other community leaders.
The public benefits by having Commission members who are well educated in municipal affairs and have a good working relationship with other community leaders.
Commission members are less likely to attend important meetings and seminars if they are required to pay the expense of attending such functions from their personal funds.
Members of the Commission shall be entitled to receive reimbursement for the expense of attending any event, conference, seminar, meeting or other function which is approved for reimbursement by the Commission. The Commission shall, by resolution, set forth specific monthly and annual functions for which reimbursement is approved. In addition, the Commission may approve specific additional functions by motion. All expenses shall be accounted for and reimbursed as set forth in § 48-4B of this Code.
[Amended 8-25-2009 by Ord. No. 2009-02; 11-8-2016 by Ord. No. 2016-11]
Editor's Note: This ordinance also provided that it shall become effective 1-1-1999, provided that it was passed and adopted during the month of November.
[Adopted 5-10-2011 by Ord. No. 2011-04]
Bid/proposal protests. Any prospective bidder or prospective proposer who is allegedly aggrieved in connection with the issuance of a bid/proposal package may protest to the Finance Director. Any bidder or proposer may protest a pending award of a contract to the Director of Finance.
Requirements to protest.
If the protest relates to the content of the bid/proposal package, a formal written protest must be filed no later than 4:00 p.m. on the fifth full business day after issuance of the bid/proposal package. The protest must contain the name, address and phone number of the protestor as well as a detailed complaint stating specifically what language is being protested and what relief is being sought.
The City Clerk shall post a notice of contract award recommendation at least five business days prior to the City Commission awarding a contract. If the protest relates to the award recommendation, a formal written protest must be filed no later than 4:00 p.m. on the third full business day after posting of the contract award recommendation on the City's website. The formal written protest shall identify the protesting party and the solicitation involved; include a clear statement of the grounds on which the protest is based; refer to the statutes, laws, ordinances or other legal authorities which the protesting party deems applicable to such grounds; and specifically request the relief to which the protesting party deems itself entitled by application of such authorities to such grounds. Protests to a recommended award must be signed by the person who executed the bid or proposal on behalf of the protester. Protester shall have the burden of proof which shall be a preponderance of the evidence.
A formal written protest is considered filed with the City when the City Clerk's office receives it. Accordingly, a protest is not timely filed unless it is received within the time specified above. Failure to file a formal written protest within the time period specified shall constitute a waiver of the right to protest and result in relinquishment of all rights to protest by the bidder/proposer. Notice of the filing of a formal written protest shall be posted on the City's website and other bidders or proposers may intervene in the bid protest to protect their rights.
Authority to resolve. The Director of Finance shall resolve the protest in a fair and equitable manner. The Finance Director shall have the authority to gather facts by phone, electronic communications or in person from any source necessary and shall render a written decision to the protesting party and any interveners no later than 4:00 p.m. on the fifth full business day after the filing thereof.
Appeal of Finance Director's decision.
The protesting party may appeal the Finance Director's decision to the City Commission by delivering a written notice of appeal signed by an authorized agent of the party appealing. The notice of appeal must be filed at the office of the City Clerk by 4:00 p.m. on or before the fifth full business day after receipt of the Finance Director's written decision. The written notice of appeal shall include any written or physical materials, objects, statements, and arguments which the protesting party deems relevant to the issues raised in the appeal. No issue not raised in the original protest shall be raised during the appeal.
The City Clerk shall schedule a quasi-judicial hearing before the City Commission. All testimony before the City Commission shall be under oath. The appealing party shall present his case first, followed by the Finance Director, and finally any interveners. Each party shall have an opportunity to present witnesses and cross-examine any witnesses who testify on behalf of another party. The appealing party shall have the burden of proving by substantial competent evidence that the decision of the Finance Director was arbitrary, capricious, fraudulent or without basis in fact or law.
At the conclusion of the hearing the City Commission shall determine if the protesting party demonstrated by substantial competent evidence that the decision of the Finance Director should be reversed. If the City Commission determines the decision of the Finance Director should be reversed the contract will not be awarded to the protestor. The City Commission shall have the following protest remedies available:
Stay of procurement during protests. In the event of a timely protest and/or appeal, the City Commission will not award the contract unless it determines that delay will result in immediate danger to public health, safety or welfare.