9460-21ORDINANCE NO. 9460-21
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE CODE OF ORDINANCES BY REPLACING DIVISION 3
OF ARTICLE VI, CHAPTER 2, IN ITS ENTIRETY WITH A REVISED
DIVISION 3 OF ARTICLE VI, CHAPTER 2; PROVIDING FOR DIVISION
3 PURCHASING; SUBDIVISION I. GENERALLY; SECTION 2.541
PURPOSE AND APPLICATION; SECTION 2.542 DEFINITIONS;
SECTION 2.543 PUBLIC ACCESS TO PROCUREMENT
INFORMATION; SECTIONS 2.544-2.547 RESERVED; SUBDIVISION
II. PROCUREMENT ORGANIZATION; SECTION 2.551 PURCHASING
AGENT; SECTION 2.552 ORGANIZATION OF PUBLIC
PROCUREMENT; SECTION 2.553 PROCUREMENT PROCEDURES;
SECTION 2.554 AUTHORITY FOR PURCHASES OF COMMODITIES,
SERVICES, AND CONSTRUCTION; SUBDIVISION III. SOURCE
SELECTION AND CONTRACT FORMATION; SECTION 2.561
METHODS OF SOURCE SELECTION; SECTION 2.562
DISQUALIFICATION, REJECTION, AND BID PROTEST; SECTION
2.563 EXCEPTIONS TO THE COMPETITIVE PROCESS; SECTION
2.564 SPECIFICATIONS PREPARATION; SECTION 2.565 AUTHORITY
TO DEBAR OR SUSPEND; SECTION 2.566 INTEGRITY OF THE
COMPETITIVE SOLICITATION PROCESS, NO -CONTACT PERIOD,
PUBLIC RECORDS AND MEETINGS; SUBDIVISION IV. ETHICS IN
PUBLIC PROCUREMENT; SECTION 2.571 STANDARDS OF
CONDUCT; SECTIONS 2.601-2.608 RESERVED; AMENDING THE
CODE OF ORDINANCES BY REPLACING DIVISION 4 OF ARTICLE VI,
CHAPTER 2, IN ITS ENTIRETY WITH A REVISED DIVISION 4 OF
ARTICLE VI, CHAPTER 2; PROVIDING FOR DIVISION 4 DISPOSAL
AND DISPOSITION OF SURPLUS TANGIBLE PERSONAL PROPERTY;
SECTION 2.621 DEFINITIONS; SECTION 2.622 SURPLUS SALES
OFFICER; SECTION 2.623 DISPOSAL AND DISPOSITION OF
SURPLUS TANGIBLE PERSONAL PROPERTY; SECTION 2.624
RESERVED; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Division 3 of Article VI, Chapter 2 governs the purchasing
procedures for the acquisition of commodities, services, and construction, and the
expenditure of those funds.
WHEREAS, Division 4 of Article VI, Chapter 2 governs the disposal and
disposition of surplus personal property.
2006.
WHEREAS, these Divisions have not been updated, revised, or amended since
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WHEREAS, this Ordinance is necessary to simply, clarify, modernize, and better
organize the City's procurement and surplus code.
WHEREAS, this Ordinance replaces and revises both Divisions.
WHEREAS, the City Council determines that the adoption of this Ordinance to be
in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA, THAT:
Section 1: Division 3 of Article VI, Chapter 2, Code of Ordinances, is amended as
follows:
DIVISION 3. PURCHASING
Subdivision I. Generally.
Sec. 2.541. Purpose and application.
(1) Purpose. The purpose of this division is as follows:
(a) To simplify, clarify, and modernize procurement by the city.
(b) To permit the continued development of procurement policies and practices.
(c) To provide for increased public confidence in the procedures followed in
public procurement.
(d) To ensure the fair and equitable treatment of all persons who deal with the
procurement system of the city.
(e) To provide increased economy in the city's procurement activities and
maximize the purchasing value of public funds of the city.
(f) To obtain in a cost effective and responsible manner the commodities,
services, and construction required by the city to better serve this city's
businesses and residents.
(2) Application. This division shall apply to every expenditure of public funds,
irrespective of their source, by the city for the procurement of commodities,
services, and construction. It shall apply to the disposal and disposition of the
city's tangible personal property. Nothing in this division shall prevent the city
from complying with the terms of any grant, gift, bequest, or cooperative
agreement.
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Sec. 2.542. Definitions.
Terms not defined in this section shall have the meaning customarily assigned to
them. Otherwise, the following words, terms, and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Business means any individual, consultant, contractor, firm, sole proprietorship,
partnership, corporation, joint stock company, joint venture, or any other private
legal entity.
Commodity means any of the various supplies, materials, goods, merchandise,
equipment, and other personal property purchased, leased, or otherwise
contracted for by the city, unless included within the definition of construction or
construction contracts. This term includes leases (as lessee) of structures on real
property.
Construction means the process of building, altering, repairing, improving, or
demolishing any public infrastructure facility, including any public structure, public
building, or other public improvements of any kind to real property. It does not
include the routine operation, routine repair, or routine maintenance of any
existing public infrastructure facility, including structures, buildings, or real
property.
Construction management at risk means a construction project delivery method
involving the commitment by the construction manager at risk to deliver the
project within a guaranteed maximum price (GMP). The construction
management firm will provide professional services and act as a consultant in the
design and construction phases. The construction management firm may provide
some of the actual construction of the project depending on the availability of
bidders and expertise of the firm. In addition to acting in the best interest of the
city, the construction management firm must manage and control construction
costs to not exceed the GMP. Any costs exceeding the GMP, including approved
change orders, will be the financial responsibility of the construction management
firm. A contingency for bid overages, reasonably inferred items, and other project
related items that may arise during construction will be included in the GMP. The
construction management firm will assume the risk of bidding.
Contract means all types of city agreements, regardless of what they may be
called, for the procurement of commodities, services, or construction.
Design -build means a construction project delivery method or approach involving
a single contract for both the design and construction of a project. Upon approval
of the city council, the award of a single design -build contract may, in addition to
the design and construction of the project, include the financing, operation, or
maintenance of the project over the contractually defined period of time.
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Designee means a duly authorized representative of a person holding a superior
position.
Lowest responsive and responsible bid means the lowest bid or quotation
received that best responds in quality, fitness, and capacity to the requirements
of the proposed work or usage, as specified, from a vendor deemed responsive
and responsible to the invitation to bid or solicitation for a quotation who has
offered the most advantageous pricing or cost benefit and representing the best
value to the city, based on the criteria stipulated in the bid documents. In
determining the lowest responsive and responsible bid, the following shall be
considered in addition to price:
(1) The quality of commodities, services, or construction offered.
(2) The ability, capacity, and skill of the vendor to perform the contract or
provide the commodities, services, or construction required.
(3) Whether the vendor can perform the contract or provide the
commodities, services, or construction promptly, or within the time
specified, without delay or interference.
(4) The sufficiency of the vendor's financial resources and the effect
thereof on the vendor's ability to perform the contract or provide the
commodities, services, or construction.
(5) The character, integrity, reputation, judgment, experience, and
efficiency of the vendor.
(6) The quality of vendor's performance on previous orders or contracts for
the city.
(7) Litigation by the vendor on previous orders or contracts with the city or
with other public entities.
(8) Compliance by the vendor with federal, state, and local laws and
ordinances relating to the purchase or contract.
(9) The ability of the vendor to provide future maintenance and service
where such maintenance and service is essential.
(10) Internal cost of vendor's proposal, including any additional
expenditure required by the city to complete the project or purchase.
(11) Life cycle costs, including costs of purchase, maintenance, and
disposal, Tess residual value over the expected life of the product.
Micro purchase means the purchase of commodities or services with a value of
two thousand five hundred dollars ($2,500.00) or less.
Procurement means all activities related to the acquisition of any commodity,
service, or construction, including, but not limited to, description of requirements,
selection and identification of sources, preparation and award of contract, and all
phases of contract administration.
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Purchase means buying, renting, leasing, or otherwise acquiring any commodity,
service, or construction. This term includes a lease.
Purchase description means the words used in a solicitation to describe the
commodities, services, or construction to be purchased, and includes
specifications attached to or made a part of the solicitation.
Purchasing agent means the city manager or any employee of the city to whom
the city manager has delegated some of the duties of the office.
Responsible bidder or offeror means vendor who has the capability in all
respects to fully perform the contract requirements, and the integrity and
reliability that will assure good faith performance.
Responsive bidder or offeror means vendor that has submitted a bid, proposal,
quotation, or response that conforms in all material respects to the solicitation.
Request for proposal (RFP) means a solicitation utilized to obtain proposals from
potential vendors.
Request for qualification (RFQ) means a solicitation utilized to obtain the
qualifications of potential vendors.
Service means the furnishing of labor, time, or effort by a vendor. This term shall
not include employment agreements or collective bargaining agreements.
Signature means a manual signature or an electronic signature that meets the
requirements of the Electronic Signature Act of 1996, F.S. § 668.001-6.
Small purchase means the purchase of commodities or services with a value of
more than two thousand five hundred dollars ($2,500.00) but less than or equal
to fifty thousand dollars ($50,000.00).
Solicitation means invitations to bid, requests for proposals, requests for
qualifications, and requests for quotations. The term also includes re -advertising
for bids, proposals, qualifications, and quotations.
Specification means a detailed description of the physical or functional
characteristics of a commodity, service, or construction item. It may include a
description of any requirement for inspecting, testing, preparing, or delivering a
commodity, service, or construction item.
Vendor means any person or business who submits a bid, proposal, quotation, or
response to the city for the sale of a commodity, service, or construction.
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Sec. 2.543. Public access to procurement information.
Procurement information shall be a public record to the extent provided in F.S. Ch. 119
and shall be available to the public as provided in such statutes.
Sec. 2.544-2.547. Reserved.
Subdivision II. Procurement Organization.
Sec. 2.551. Purchasing agent.
The city manager is the purchasing agent for the city, with ultimate responsibility for all
procurement, purchasing, and contracting functions. The city manager may delegate
some or all purchasing authority, except the authority to make the final decision
regarding administrative actions such as bid protests, to any city employee. The city
manager shall have the authority to do as follows:
(1) Serve as the chief procurement officer of the city.
(2) Adopt operational procedures governing the internal function of the procurement
division.
(3) Purchase or contract for the purchase of commodities, services, or construction
for the city.
(4) Negotiate and recommend execution of contracts for the purchase of
commodities, services, or construction.
(5) Act to procure for the city the needed quality in commodities, services, or
construction at best value.
(6) Discourage uniform bidding and encourage full and open competition on all
purchases.
(7) Prepare revisions and amendments to the purchasing ordinances set forth
herein, as necessary, and recommend such revisions and amendments to the
city council.
(8) Adopt policies and procedures governing the procurement, management, and
control of commodities, services, and construction procured by the city.
(9) Keep informed of current developments in the field of procurement, purchasing,
prices, market conditions and new processes.
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(10) Prescribe and maintain such forms as may be reasonably necessary to
the operation of the procurement division and other rules and regulations.
(11) Establish and maintain programs for the inspection, testing, and
acceptance of commodities, services, and construction purchased to ensure
conformance with specifications.
(12) Transfer surplus tangible personal property between city departments or
facilities as needed.
(13) Sell, trade, or otherwise dispose of surplus tangible personal property
which has become unnecessary or unfit for the city's use.
(14) Ensure compliance with this code and other policies and procedures by
reviewing and monitoring procurements conducted by any designee, department,
or city employee.
Sec. 2.552. Organization of public procurement.
(1) Centralization of procurement authority. Except as otherwise provided in this
division, all rights, duties, and authority relating to the procurement,
management, and control of commodities, services, and construction, and the
disposal and disposition of surplus tangible personal property now vested in or
exercised by the city are hereby transferred to the city manager as purchasing
agent.
(2) Authority to contract for legal services. No contract for the services of legal
counsel may be awarded without the approval of the city attorney.
Sec. 2.553. Procurement procedures.
(1) Procedures. Procedures shall be promulgated in accordance with the applicable
provisions of this code and other applicable laws, rules, regulations, and policies.
(2) Submittal of requests to purchase commodities or services. Departments shall
submit electronically requests to purchase commodities or services to the
purchasing agent according to procedures prescribed by the purchasing agent.
(3) Vendors list. The purchasing agent is authorized to maintain a vendor registration
resource for the purpose of providing notices inviting bids or soliciting quotations.
A vendor who desires to be included on the vendors list shall complete the
applicable procedure prescribed by the purchasing agent. An additional list of
"Pre -Qualified Contractors" may be maintained by the engineering department.
Contractors desiring to be included on that list shall complete the applicable
procedure prescribed by the engineering department. Inclusion on the vendors
list or the Pre -Qualified Contractors list is solely for convenience. Inclusion does
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not guarantee the award of any contract or purchase order nor are vendors and
contractors not included excluded from participation in the procurement process.
Sec. 2.554. Authority for purchases of commodities, services, and construction.
(1) Generally.
(a) All contracts or other documents related to the procurement of commodities,
services, construction, or the obligation of city funds, shall be facilitated by or
through the procurement division. The procurement division is authorized to
establish procedures governing the processing of all contracts.
(b) Purchases of commodities, services, construction, or the obligation of city
funds, where the cumulative total value per fiscal year exceeds one hundred
thousand dollars ($100,000.00) per vendor, for similar commodities or
services, shall be approved by the city council prior to the signing of any
contract or other related documents.
(c) Signature authority for all contracts or other documents specified in section
2.554(1)(b) shall be designated by the city council. Signature authority for the
purchase of commodities, services, or construction where the cumulative total
value per fiscal year is one hundred thousand dollars ($100,000.00) or less is
delegated to the city manager, as purchasing agent, or designee.
(d) As set forth herein, the city council delegates limited authority to the city
manager and department directors relating to the purchase of commodities,
services, or construction for the city, in compliance with federal and state
laws, city code, administrative rules, procedures, and guidelines.
(e) All purchases, unless specifically authorized or delegated under this code,
must be approved in advance by the city council. No person, unless
specifically authorized or delegated under this code, may make any purchase
or enter into any contract involving the use of city funds. Payment for any
unauthorized purchase may be the responsibility of the person placing the
order.
(f) Multi-year contracts are encouraged when it is determined to be
advantageous to the city. All multi-year contracts must contain a provision
that allows the city to terminate the obligation with thirty (30) days' advance
notice based on a limitation of funding availability, unless otherwise
determined by the purchasing agent to be in the city's best interest.
(2) Purchasing agent. Authority is delegated to the city manager, as purchasing
agent, or designee as follows:
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(a) The purchasing agent shall be responsible for the procurement of
commodities, services, or construction for the city. All purchases shall comply
with this code, applicable laws, rules, regulations, and policies.
(b) The purchasing agent may approve or reject the procurement of commodities,
services, or construction when the total amount does not exceed one hundred
thousand dollars ($100,000.00) per vendor per fiscal year. The purchase of
commodities, services, or construction exceeding one hundred thousand
dollars ($100,000.00) shall be approved by the city council.
(c) The purchasing agent shall have the authority to reject any or all bids,
proposals, quotations, or responses to any competitive solicitation and re -
compete or purchase the required commodities, services, or construction in
any manner authorized by this division.
(d) In the absence or non-availability of the city manager, the deputy city
manager, assistant city manager, or procurement manager shall be the city
manager's designee.
(3) Procurement manager. Authority is delegated to the procurement manager as
follows:
(a) Determine the appropriate and most cost-effective purchasing method of
contract procurement, competitive solicitations, direct negotiations, or
methods that allow the city to take advantage of value discounts and special
pricing agreements, where appropriate.
(b) Retain responsibility for conducting the sourcing process to ensure an
objective effort to identify sufficient competition or determine if there is no
competition.
(c) Approve the evaluation criteria for procuring commodities, services, and
construction, including any preference required or allowable by law or this
code.
(d) Oversee and facilitate the competitive solicitation process in collaboration with
the end user to create the competitive solicitation document; approve the
specifications, terms, and conditions; select members of the evaluation
committee; and receive, open, tabulate, and evaluate solicitations in
accordance with the provisions of this code.
(e) Receive and process notices of protest and formal written protests for the
purpose of determining whether the notices or written protests are timely and
have timely and properly posted bond; and dismiss any invalid bid protests as
determined by the legal department.
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(f) Approve and issue purchase orders for purchases made in accordance with
this code.
(g) Oversee negotiations with vendors when appropriate.
(h) Establish a process by which vendors are determined to be responsive to the
solicitation process and responsible with respect to their capability to perform
the required work.
(i) Oversee the purchasing card (P -Card) program.
(j) Monitor delegated authority compliance.
(4) Department directors. Department directors may issue and approve direct
disbursements, utilize purchasing cards, or purchase commodities and services
up to two thousand five hundred dollars ($2,500.00) per purchase. Department
directors may not divide the approval of the purchases of commodities or
services to avoid this delegated monetary threshold.
(5) Construction contracts. Contracts for construction projects exceeding one
hundred thousand dollars ($100,000.00) shall be awarded by the city council to
the lowest responsive and responsible bidder. Contracts for construction projects
of one hundred thousand dollars ($100,000.00) or less shall be awarded by the
city manager.
(6) Change orders. Following the award of a contract by the city council, the city
manager may approve and execute written change orders without city council
approval, subject to the following:
(a) The city manager may increase any contract up to a total award of one
hundred thousand dollars ($100,000.00).
(b) The city manager may approve any increase of contract up to a maximum of
ten percent (10%) over the most recent award of the city council.
(c) No contract price increase shall be approved unless sufficient funds are
available for such purpose.
(d) Contract price decreases may be approved without limitation.
(e) The time for completion may be extended up to ninety (90) days, in any one
change or cumulatively for the same project, beyond the most recent city
council approved completion time.
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Subdivision Ill. Source Selection and Contract Formation.
Sec. 2.561. Methods of source selection.
(1) Methods of source selection. Unless otherwise authorized by law, all city
contracts shall be procured by one of the following methods:
(a) Competitive sealed bidding
(b) Competitive sealed proposals
(c) Request for qualifications
(d) Small purchases
(e) Professional services subject to CCNA
(f) Construction management at risk and design -build contracts
(g) Invitation to negotiate
(h) Job order contracting
(i) Reverse auctions
(j) Exceptions pursuant to section 2.563
(2) Competitive sealed bidding. Except as otherwise provided in this division, the
purchase of commodities, services, or construction of an estimated value over
fifty thousand dollars ($50,000.00) shall be by written contract with the vendor
submitting the lowest responsive and responsible bid whose bid has been
solicited, received, and approved pursuant to the following procedures:
(a) Invitation to bid (ITB). An invitation to bid shall be requested from three (3) or
more vendors for commodities, services, or construction when the estimated
value exceeds $50,000.00. Award through this process is based solely on
bids received and is not subject to negotiation following bid opening. The
contract may not be divided to avoid this monetary threshold. An invitation to
bid must include a purchase description of the commodities, services, or
construction sought; the time and date for the receipt of bids and the public
opening; and all contractual terms and conditions applicable to the
procurement, including the criteria to be used in determining acceptability of
the bid. If the city contemplates renewal of the contract, that fact must be
stated in the ITB. In the alternative, the city council or designee may award to
the responsive, responsible bidder offering the lowest cost as the primary
awardee and the next responsive, responsible bidder offering the next lowest
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cost as an alternate awardee(s), meeting all specifications, terms, and
conditions. Nothing herein is meant to prevent multiple awards to the
responsive and responsible bidders when such multiple awards are clearly
stated in the bid solicitation documents. In the case of identical responsive
and responsible bids, the decision as to the winning bid(s) must be made in
accordance with the terms contained in the competitive solicitation.
(b) Notice inviting bids. Notice for an invitation to bid shall be published at least
twenty-one (21) days prior to the bid opening date. Publication may be
accomplished on the city's website, a newspaper of general circulation, or
other means.
(c) Notice inviting bids for construction projects. Construction projects with an
estimated cost of five hundred thousand dollars ($500,000.00) or less shall be
published at least twenty-one (21) days prior to the established opening date
and at least five (5) days prior to any scheduled pre-bid conference.
Construction projects exceeding five hundred thousand dollars ($500,000.00)
shall be published at least thirty (30) days prior to the established opening
date and at least five (5) days prior to any scheduled pre-bid conference.
Publication may be accomplished on the city's website, a newspaper of
general circulation, or other means.
(d) Security (bid bonds). When the estimated cost of a construction contract is
one hundred fifty thousand dollars ($150,000.00) or higher, or when otherwise
deemed necessary by the city manager, security in the form of a bid bond
issued by a surety company licensed to do business in Florida or a cash bond
in an amount equal to ten percent of the bid shall be prescribed in the public
notices inviting bids. A vendor shall forfeit a bid security upon a refusal or
failure to execute the contract within ten days after the notice of award of
contract has been posted on the city's website unless the city is solely
responsible for the delay in executing the contract. The city council may, upon
the refusal or failure of the vendor to execute the contract, award the contract
to the next lowest vendor. In such event, the amount of the forfeited security
shall be applied by the city to the contract price differential between the
lowest bid and second lowest bid, and the surplus, if any, shall be returned to
the forfeiting vendor.
(e) Performance and payment bonds. A performance bond and a payment bond,
or a "contract bond" combining the elements of a performance and a payment
bond, issued by a surety company licensed to do business in Florida, may be
required before entering in a contract, in an amount at least equal to the
contract price or such higher amount as may be found necessary to protect
the best interests of the city except in limited circumstances, such as
incremental services contracts or blanket purchase orders, where it has been
determined by the city manager that the potential liability resulting from the
performance or payment under the contract is an amount less than the full
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(f)
contract price. The city manager shall approve the requirement of a bond for
less than the full contract price before proceeding with the bid process. If such
bond is required, the form and amount of the bond shall be described in the
notice inviting bids. Bonds required hereunder shall be subject to all other
provision of this division and code.
Security in lieu of performance and payment bonds. In lieu of the bond
required by this section, a vendor may file with the city, an alternative form of
security in the form of cash, money order, certified check, cashier's check,
irrevocable letter of credit, or a security of a type listed in F.S. Ch. 625. Any
such alternative form of security shall be for the same purpose and be subject
to the same conditions as those applicable to the bond required herein. The
determination of the value of the alternative form of security shall be made by
the purchasing agent or designee.
(g) Bid opening procedures. Sealed written bids shall be returned to the city and
identified as bids on the envelope, together with other information as may be
specified in the invitation to bid. Bids shall be opened publicly, in the presence
of one or more witnesses, on the time and at the time and place stated in the
public notices. A tabulation of all bids received, including the amount of each
bid, the name of each bidder, and such other relevant information as may be
specified, shall made available to the public as required by law.
(3) Competitive sealed proposals. Except as otherwise provided in this division, the
purchase of commodities or services of an estimated value over fifty thousand
dollars ($50,000.00) shall be written contract with the vendor submitting the
lowest responsive and responsible proposal whose proposal has been solicited,
received, and approved pursuant to the following procedures:
(a) Request for proposals (RFP). Request for proposals shall be requested from
three (3) or more vendors for commodities or services when the estimated
value exceeds $50,000.00. The purchase may not be divided to avoid this
monetary threshold. A best value decision may result from this process where
price is not the sole determinant for award. To procure commodities or
services through an RFP, the procurement division must first determine that
the use of an ITB is not practicable. The RFP must include a purchase
description of commodities or services sought; the relative importance of price
and other evaluation criteria; the time and date for the receipt of proposals
and of the public opening; and all contractual terms and conditions applicable
to the procurement, including the criteria to be used in determining
responsiveness and acceptability of the proposal. In awarding to a vendor
pursuant to an RFP, the city council or designee may award to one or more
responsive, responsible vendor in accordance with the selection criteria
published in the RFP.
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(b) Notice of proposals. Projects with an estimated cost of five hundred thousand
dollars ($500,000.00) or less shall be published at least twenty-one (21) days
prior to the established opening date. Projects exceeding five hundred
thousand dollars ($500,000.00) shall be published at least thirty (30) days
prior to the established opening date. Publication may be accomplished on
the city's website, a newspaper of general circulation, or other means.
(c) Receipt of proposals. A register of proposals shall be prepared and shall be
open for public inspection as required by law.
(d) Evaluation factors. The RFP shall state the relative importance of price and
other factors and subfactors, if any.
(e) Discussions with responsible offerors and revisions to proposals. As provided
in the RFP, discussions may be conducted with responsible offerors, who
submitted proposals reasonably determined to be selected for award, to
clarify and assure the full understanding and responsiveness to the RFP
requirements. Offerors shall be accorded fair and equal treatment with
respect to any opportunity for discussion and revision of proposals, and such
revisions may be permitted after submissions and prior to award for the
purpose of obtaining best and final offers. When conducting discussions,
there shall be no disclosure of any information derived from proposals
submitted by competing offerors.
(f) Award. Award shall be made to the responsible offeror whose proposal
conforms to the RFP and is determined in writing to be the most
advantageous to the city taking into consideration best value and the
evaluation factors set forth in the RFP. No other factors or criteria shall be
used in the evaluation. Written notice of the award of a contract to the
successful offeror shall be promptly given to all offerors.
(4) Request for qualifications (RFQ). An RFQ is a qualifications -based selection
process. Pursuant to F.S. § 287.055, an RFQ is required for the selection of
professional services involving architecture, professional engineering, landscape
architecture, or registered surveying and mapping. An RFQ may be issued to
establish a roster of responsive and responsible firms utilized on an as -needed
basis. Projects utilizing an RFQ shall follow the same procedures as set forth in
section 2.561(3).
(5) Small purchases. Purchases of commodities or services with a value of more
than $2,500.00 but Tess than or equal to $50,000.000 require competition.
Purchases may not be divided to avoid this monetary threshold. Small purchases
will follow the following procedures:
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(a) Quotations. Quotations shall be obtained from at least three (3) vendors.
Small purchases shall be awarded to the lowest responsive and responsible
vendor whose quotation provides best value to the city.
(b) Notice inviting quotations. Quotations shall be solicited either by written
request or orally. Acceptable means include but are not limited to facsimile
transmissions, electronic mail, telephone, in person, internet, or through an
approved electronic procurement or supplier relationship management
system.
(c) Sealed written quotations. In the event the procurement manager determines
that sealed written quotations are in the best interest of the city, quotations
received shall be opened in public at the time and place designated in the
notice inviting quotations.
(d) Award of contract. Except as otherwise provided in this subdivision, each
contract shall be awarded to the lowest responsible and responsive vendor.
(6) Professional services subject to CCNA. Professional services within the scope of
the practice of architecture, professional engineering, landscape architecture, or
registered surveying and mapping shall be procured in accordance with F.S. §
287.055, referred to as the Consultants' Competitive Negotiation Act (CCNA).
(a) Public announcement. The public notice must include a general description of
the project and must indicate how the interested firms may apply for
consideration. Publication may be accomplished on the city's website, a
newspaper of general circulation, or other means.
(b) Competitive selection. The city shall select in order of preference no fewer
than three firms deemed to be the most highly qualified to perform the
required services. In determining whether a firm is qualified, the city shall
consider such factors as the ability of professional personnel; past
performance; experience; capabilities; whether a firm is a certified minority
business enterprise; willingness to meet time and budget requirements;
location; recent, current, and projected workloads of the firms; and the volume
of work previously awarded to each firm by the city. The city may request,
accept, and consider proposals for the compensation to be paid under the
contract only during competitive negotiations. If less than three firms respond
to the solicitation, and every effort was made to comply with the requirements
of F.S. § 287.055, the city may proceed with the evaluation process.
(c) Competitive negotiations. The city shall negotiate a contract with the most
qualified firm for professional services at compensation which the city
determines is fair, competitive, and reasonable. In making such
determination, the city shall conduct a detailed analysis of the cost of the
professional services required in addition to considering their scope and
15
complexity. Should the city be unable to negotiate a satisfactory contract with
the firm considered to be the most qualified at a price the city determines to
be fair, competitive, and reasonable, negotiations with that firm must be
formally terminated. The city shall then undertake negotiations with the
second most qualified firm. Failing accord with the second most qualified firm,
the city must terminate negotiations. The city shall then undertake
negotiations with the third most qualified firm. Should the city be unable to
negotiate a satisfactory contract with any of the selected firms, the city shall
select additional firms in the order of their competence and qualification and
continue negotiations in accordance with this subsection until an agreement is
reached.
The city shall require the firm receiving the award to execute a truth -in -
negotiation certificate stating that wage rates and other factual unit costs
supporting the compensation are accurate, complete, and current at the time
of contracting. Any professional service contract under which such a
certificate is required must contain a provision that the original contract price
and any additions thereto will be adjusted to exclude any significant sums by
which the city determines the contract price was increased due to inaccurate,
incomplete, or noncurrent wage rates and other factual unit costs. All such
contract adjustments must be made within 1 year following the end of the
contract.
(d) Continuing contract. Nothing in this section shall prohibit a continuing
contract, as defined in F.S. § 287.055, between a firm and the city. The city
may issue an RFQ to establish a roster of responsive and responsible firms
utilized on an as -needed basis, pursuant to F.S. § 287.055.
(7) Construction management at risk and design -build contracts. Construction
management and design -build services, as defined in F.S. § 255.103 and §
287.055, respectively, shall be procured pursuant to the process defined in the
CCNA, unless the purchasing agent or designee elects to bid construction
management at risk and design -build contracts through an invitation to bid or
request for proposal process, as provided in F.S. § 255.20(1), where price is
considered in the award process. Contracts for construction management and
design -build services shall follow the same procedures as set forth in section
2.561(6).
(8) Invitation to negotiate (ITN). When procurement for commodities or services is
not practicable through an ITB or an RFP, competitive sealed replies may be
solicited throuqh an ITN. The procurement division must first determine, in
writing, why negotiation with one or more vendors may be necessary for the city
to achieve specific goals or solve a particular problem and receive best value.
Objective factors may include but are not limited to price, quality, design, and
workmanship. The ITN must include a purchase description of the commodities
or services sought, the time and date for the receipt of replies and of the public
16
meeting, including the criteria to be used in determining the acceptability of the
reply. Typically, price is not an evaluation criterion and is not addressed until the
negotiation phase of the procurement. Projects utilizing an ITN shall follow the
same notice procedures as set forth in section 2.561(3).
(9) Job order contracting (JOC). Job order contracting is a project delivery method
utilized to get numerous, commonly encountered construction projects done
quickly and easily through multi-year contracts for a wide variety of renovation,
repair, and minor construction projects. A job order contract is a competitively
bid, fixed price, multi-year construction contract based on established or
published unit prices from a unit price book or a price list with a multiplier applied
to the unit prices. The unit prices are used to price construction tasks associated
with the scope of work. The contract is an IDIQ (indefinite delivery indefinite
quantity) contract for on-call construction services and serves as an umbrella
contract with a potential maximum amount of work over a specified term such as
annual or multi-year term. JOC is an appropriate delivery method for any type of
repetitive work, especially small renovation jobs. It allows for a longer relationship
with the selected vendor. Projects may include, but not be limited to, electrical,
mechanical, plumbing, painting, roofing, landscape improvements, data
communication, audio visual, signing, flooring, etc. Firms shall be selected
through one of the source selection methods as authorized in sections 2.561(2)-
(4).
(10) Reverse auctions. Reverse auction is a procurement method wherein
bidders are invited to bid on specified commodities or services through real-time
electronic bidding, with the award being made to the lowest responsive and
responsible bidder. During the bidding process, bidders shall only be informed as
to whether the bid is in the lead, meaning the lowest priced, or whether the bid is
lagging. If a bid is lagging, the bidder is provided a good faith opportunity to
modify the bid prices for the duration of the bidding period established at bid
opening. Reverse auctions will not be used for construction.
Sec. 2.562. Disqualification, rejection, and bid protest.
(1) Disqualification of bids. Any bid, proposal, quotation, or vendor response to a
competitive solicitation may be disqualified and rejected if it is determined by the
purchasing agent or designee that any of the following circumstances exist:
(a) The bid, proposal, quotation, or vendor response did not strictly conform to
the requirements set forth in the solicitation, provided, however, the city
reserves the right to waive inconsequential deviations where a change does
not result in an increase in price to the city.
(b) A vendor has demonstrated, through documented performance in the industry
or through prior dealings with the city, to be unable to satisfactorily meet the
responsibilities and capabilities of a successful vendor.
17
(c) A vendor's product has demonstrated, through documented performance in
the industry or through prior dealings with the city, to be unable to
satisfactorily meet the accepted demands placed upon the product.
(d) A vendor's product is different from the city's standard.
(2) Rejection of bids. The purchasing agent may:
(a) Reiect any or all bids, proposals, quotations, or vendor responses to a
competitive solicitation; or
(b) Reject all bids, proposals, quotations, or vendor responses, and re -advertise
the solicitation, pursuant to the procedures prescribed in this division; or
(c) Reject all bids, proposals, quotations, or vendor responses, and direct that
the project or service in question be performed by city forces upon
determining that the proiect or service can be timely performed for an amount
less than each of the solicitations submitted.
(3) Bid protest. A vendor who submitted a response to a competitive solicitation and
was not selected may appeal the decision through the bid protest procedures, a
copy of which shall be available in the procurement division. A protesting vendor
must include a fee of one percent (1%) of the amount of the bid or proposed
contract to offset the city's additional expenses related to the protest. This fee
shall not exceed five thousand dollars ($5,000.00) nor be less than fifty dollars
($50.00). Full refund will be provided should the protest be upheld. No partial
refunds will be made.
Sec. 2.563. Exceptions to the competitive process.
(1) The competitive bidding requirements set forth in this division may be waived
when one of the following conditions exist:
(a) Single source. Commodities or services are available only from a single
source.
(b) Micro purchases. Purchases of commodities or services with a value of
$2,500.00 or less do not require competition.
i) Departments will attempt to obtain the lowest price available, consistent
with time and effort involved.
ii) Whenever possible, the purchase shall be made using a purchasing card
or direct disbursement.
18
iii) If necessary, a purchase order for a micro purchase may be requested
through the procurement division.
(c) Piggyback or cooperative purchasing. Purchases of commodities or services
at or below the specified prices from contracts previously awarded by other
governmental entities or to purchase commodities or services in cooperation
with another governmental entities in Florida.
(d) Non-competitive purchases. The purchasing agent or designee determines
that the nature of the commodity or service is such that competitive bidding is
impossible, impractical, or cannot be obtained.
(e) CCNA professional services contracts. Professional service contracts for
projects with an estimated cost Tess than the threshold amounts as set forth in
F.S. § 287.055.
(f)
(g)
Professional services not subject to CCNA. Services for or rendered by
medical, health, legal, appraisals, mediators, auditors, academics, artists, and
lecturers, or services provided by persons with disabilities under not-for-profit
corporations.
Legal. Commodities or services purchased by the city or its representatives
when necessary to the prosecution or defense of any claim or lawsuit in which
the city is a party or in which it is anticipated by the city attorney, the risk
manager, or the third -party administrator of the city's self-insurance program
that the city will become a party.
(h) Workers' compensation. Commodities or services purchased by the city or its
representatives to comply with F.S. Ch. 440, Florida Workers' Compensation,
or when necessary to the defense of any workers compensation claim
asserted against the city.
(i)
Insurance. Contracts for insurance, except when competitive bidding is
required by statute.
(j) Owner direct purchases (ODP). Purchase of construction materials included
in the scope of an awarded construction contract to realize sales tax savings,
pursuant to F.S. § 212.08(6).
(k) Emergencies. The purchasing agent may authorize an emergency purchase
of any commodity, service, or construction without competitive bidding.
Procurement requirements may be suspended upon declaration of
emergency by the city manager, or upon written certification by a department
director to the purchasing agent that a threat exists to the public health,
welfare, safety, or other interests of the city and that any delay because of
competitive bidding would be detrimental to the interests of the city.
19
Emergency procurements exceeding one hundred thousand dollars
($100,000.00) must be ratified by the city council at the next regular or special
public meeting.
(1) Copyrighted materials. Purchases for copyrighted materials including, but not
limited to, computer software, films, filmstrips, videotapes, dvds, recordings,
reference books, or similar items when such materials are procured directly
from the producer or publisher, the owner of the copyright, an exclusive agent
within the state, governmental agency, or recognized educational institution.
(m)Requlated utilities. Procurement of regulated utilities or government -franchise
services.
(n) Resale commodities or services. Commodities or services purchased for
resale are excluded from the competitive bidding provisions of this division.
The market survey or competitive price comparison approach will be used to
determine best value. Award of contract for resale commodities or services
shall be made by the department director with procurement manager
approval. City council approval is not required.
(2) Competition is favored even though this section may allow an exemption. Such
exemptions shall be submitted as a formal request from the requesting
department director and include a detailed justification for the exemption. The
purchasing division may establish procedures that support the competitive
process regardless of the exemption status.
(3) Purchases over one hundred thousand dollars ($100,000.00) made pursuant to
this section shall be submitted to the city council for approval.
Sec. 2.564. Specifications preparations.
(1) Specifications preparations. Standards shall be established for the preparation,
maintenance, and content of specifications for commodities, services, and
construction for the city. The purchasing agent or designee shall monitor the use
of specifications for commodities, services, and construction for the city.
(2) Maximum practicable competition. All specifications shall seek to promote overall
economy for the purposes intended and encourage competition in satisfying the
city's needs and shall not be unduly restrictive.
(3) Specifications prepared by those other than city personnel. The requirements of
this section regarding the purposes and non -restrictiveness of specifications shall
apply to all specifications prepared by those other than city personnel, including,
but not limited to, those prepared by architects, engineers, and designers.
20
Sec. 2.565. Authority to debar or suspend.
(1) Debarment or suspension. After reasonable notice to the vendor involved and
reasonable opportunity for that vendor to be heard, the purchasing agent is
authorized to debar or suspend a vendor for cause from further consideration for
award of contracts with the city. The debarment or suspension shall not be for a
period of more than three (3) years.
(2) The causes for debarment or suspension include one of the following:
(a) Conviction for commission of a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract.
(b) Conviction under state or federal statutes of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property, or any
other offense indicating a lack of business integrity or business honesty which
seriously and directly affects responsibility as a city vendor.
(c) Conviction under state or federal anti-trust statutes arising out of the
submission of bids or proposals.
(d) Violation of contract provisions, as set forth below, of a character which is
reqarded by the purchasing agent to be so serious as to justify debarment
action:
(i) Deliberate failure without good cause to perform in accordance with the
specifications or within the time limit provided in the contract; and
(ii) Recent failure to perform or unsatisfactory performance in accordance
with the terms of one (1) or more contracts; provided that failure to
perform or unsatisfactory performance caused by acts beyond the control
of the vendor shall not be considered to be a basis for debarment.
(e) Any other cause the purchasing agent determines to be so serious and
compelling as to affect responsibility as a city vendor, including debarment or
suspension by another governmental entity for any cause listed in this
section.
Sec. 2.566. Integrity of the competitive solicitation process; no -contact period;
public records and meetings.
(1) From the time a competitive solicitation is posted until such time as the contract
is awarded by the city or the solicitation is cancelled, all bidders, offerors,
respondents, including their employees, representatives, and other individuals
acting on their behalf, shall be prohibited from lobbying city officers, city
21
employees, and evaluation committee members. Violation of this section may
result in rejection/disqualification from award of the contract arising out of the
competitive solicitation. All questions regarding the competitive solicitation must
be directed to the procurement manager or designee, who will respond in writing
and post such response to ensure that all respondents receive the same
information during the No -Contact Period. The penalty for violating the No -
Contact Period may include suspension or debarment.
(2) Pursuant to F.S. § 119.071(1)(b), sealed bids, proposals, or replies received in
response to a competitive solicitation are exempt from F.S. § 119.07(1) and §
24(a), Article I of the State Constitution until such time as the city provides notice
of an intended decision or until thirty (30) days after opening of the bids,
proposals, or replies, whichever is earlier. If the city rejects all bids, proposals, or
replies submitted in response to a competitive solicitation and provides notice of
its intent to reissue the competitive solicitation, the rejected bids, proposals, or
replies remain exempt until such time as the city provides notice of an intended
decision concerning the reissued competitive solicitation or until the city
withdraws the reissued competitive solicitation. A bid, proposal, or reply is not
exempt for longer than 12 months after the initial city notice rejecting all bids,
proposals, or replies.
(3) Pursuant to F.S. § 286.0113, any portion of a meeting at which a negotiation with
a vendor is conducted pursuant to a competitive solicitation, at which a vendor
makes an oral presentation as part of a competitive solicitation, or at which a
vendor answers questions as part of a competitive solicitation is exempt from
F.S. § 286.011 and § 24(b), Article I of the State Constitution. Any portion of an
evaluation committee meeting at which negotiation strategies are discussed is
exempt from F.S. § 286.011 and § 24(b), Article I of the State Constitution. A
complete recording shall be made of any portion of an exempt meeting. No
portion of the exempt meetings may be held off the record.
Subdivision IV. Ethics in Public Procurement.
Sec. 2.571. Standards of conduct.
(1) Code of ethics. The city is committed to a procurement process which promotes
fair and open competition, implements the highest ethical standards, and
maintains the confidence of the public. To achieve these objectives, all city
officers and city employees who purchase commodities, services, construction,
or otherwise involved in the procurement process for the city, shall be subject to
the following:
(a) Regard public service as a trust and support the professional principles of
public procurement.
22
(b) Be governed by the highest ideals of honor and integrity in all public and
personal relationships to merit the respect and inspire the confidence of the
city and the public being served.
(c) Conduct procurements in good faith and demand honesty and ethical
practices from all participants in the procurement process.
(d) Avoid unfair practices by granting all vendors equal consideration insofar as
federal, state, and local laws require.
(e) Promote positive vendor relationships by affording vendor representatives
courteous, fair, and ethical treatment.
(f) Avoid involvement in any transaction or activity considered to be a conflict
between personal interest and the interests of the city.
(g) Strive to continually increase competition in vendor selection and endeavor to
prevent any collusion among vendors.
(h) Avoid political considerations or other conflicting outside influences from
entering relationships with vendors or their representatives.
(2) Conflict of interest. It shall be a breach of ethical standards for any city officer or
city employee to participate directly or indirectly in a procurement as follows:
(a) The officer or employee, or any member of their immediate family, has a
financial interest pertaining to the procurement; or
(b) The officer or employee, or any member of their immediate family, holds
employment or contractual relationship with any business entity that has a
financial interest pertaining to the procurement; or
(c) The officer or employee, or any member of their immediate family, is
negotiating or has an arrangement concerning prospective employment with
any vendor that is involved in the procurement.
(3) Discovery of actual or potential conflict of interest and disqualification. Upon
discovery of an actual or potential conflict of interest, an employee shall promptly
file a written statement of disqualification and shall withdraw from further
participation in the procurement involved.
Sec. 2.601-2.608. Reserved.
• . _
•
23
Terms not defined in this section shall have the meaning customarily assigned to
•• .._..
shall have the m aning ascribed to them in this section, except where the context
clearly indicates a different meaning:
by the city, unless coming within the definition of Public works contracts. However,
commodities purchased for resale are excluded from the bidding provisions of this
division. Award of contract for resale commodities shall be made by the responsible
department director.
construction of the project, include the financing, operation and/or maintenance of the
project over the contractually defined period of time.
minimum, the design and construction of a public construction project.
{1)
Is certified under section F.S. § 189.119, to engage in contracting through a
{2) Is certified under F.S. § 171.023, to practice engineering; certified under F.S.
§ 181.219, to practice or to offer to practice architecture; or certified under F.S.
§ 481.319, to practice or to offer to practice landscape architecture.
Design criteria package or the design requirements shall mean concise,
performance oriented drawings or specifications of the public construction project. The
purpose of the design criteria package is to furnish sufficient information so as to permit
design build firms to prepare a bid or response to a request for proposal, or to permit
the city to enter into a negotiated design build contract. The design criteria package
shall specify such performance based criteria for the public construction project,
including, but not limited to, the legal description of the site; survey information
the project; cost and budget estimates for design, construction and, if applicable,
requirements as may be applicable to the project.
Design criteria professional means an individual or firm who holds a current
Ch. 171, to practice engineering and who is employed by or under contract to the city
for the providing of professional architect services, landscape architect services, or
•
24
addition to price:
{1) The quality of commodities or services offered;
•
the commodities or services required;
{3) Whether the vendor can perform the contract or provide the commodities or
services promptly, or within the time specified, without delay or interference;
{11) The sufficiency of the vendor's financial resources and the effect thereof on
soniines-
•
(5) The character, integrity, reputation, judgment, experience and efficiency of the
vendor;
city;
(7) Litigation by the vendor on previous orders or contracts with the city;
{8) Compliance by the vendor with federal, state and local laws and ordinances
relating to the subject of the purchase or contract;
such maintenance and service is essential;
less residual value over the expected life of the product.
has contracted is not exempt from the competitive bidding procedure as set forth in this
upon.
Purchase includes a purchase or a lease of more than one year.
25
Service m ans labor rendered for thc benefit of thc city or thc public at large
pursuant to a contract with the city. As used herein, unless thc context clearly indicates
otherwise, the term includes but is not limited to public works contracts.
Standardization means criteria utilized to support the purchase of specified
product(s) or product lines; to include training, service support, repair parts availability
Vendor means a prospective vendor who submits a bid, a proposal, or a quotation
bid/quote.
Sec. 2.542. System adopted.
In order to establish efficient procedures for the acquisition or use of commodities,
services, and public works projects; at the lowest possible cost commensurate with
quality needed; to exercise positive financial control over purchases; to clearly define
and implement thc purchasing function and to assure the quality of purchases, a
purchasing system is hereby adopted as provided in this division.
Sec. 2.543. Centralized purchasing office.
There is hereby created a centralized purchasing office.
Sec. 2.5'1'1. Purchasing agent.
The city manager is the purchasing agent for the city, with ultimate responsibility
under the charter. The city manager may delegate some or all of the purchasing
authority, except the authority to make the final decision, to any city employee. The city
manager shall have the authority to do as follows:
and procedures as the city manager may prescribe for internal management
and operation of the purchasing office;
{2) Negotiate and recommend execution of contracts for the purchase of
commodities or services;
{3) Act to procure for the city the needed quality in commodities or services at
(5)
least expense;
Discourage uniform bidding and encourage full and open competition on all
purchases;
Prepare revisions and amendments to the purchasing regulations set forth
•
city commission;
•
services for the city;
26
(7)
(8)
{9)
Keep informed of current developments in the field of purchasing, prices,
Prescribe and maintain such forms as may be roosonably nececcary to the
Supervise the inspection of all commodities and services purchased to ensure
(10) Transfer surplus commodities between departments as needed;
(12) Conduct all sales of excess property which the city commission may
. 0 _ - e _
•
the fixed asset control level.
Sec. 2.515. Submittal of requests to purchase commodities or services.
provided in this division, no purchase order shall be issued unless the prior approval of
funds shall be signed by the purchasing agent. Construction contracts exceeding
1gee 11 -
Sec. 2.517. - Vendors list.
-ires to be included on the vendors mailing list shall complete
27
•
Except as otherwise provided in this division, the purchase of commodities or
cervices of an estimated value over $50,000 shall be by purchase order and/or other
been solicited, received and approved, pursuant to the following procedures:
(1) Notice inviting bids.
r,
least one time in a newspaper of general circulation within the city and shall
include a general description of thc commodities or services to be
purchased, a statement of where the bid documents may be obtained, and
the date, timc, and place of thc public opening of bids. The publication shall
be not less than ten calendar days before the bid opening date. Sealed bids
or a registered vendor's list.
(b) Notices inviting bids for construction projects where the cost of the project
is more than $200,000.00 shall be publicly advertised at least once in a
at least 30 days prior to thc established bid opening and at least five days
prior to any pre bid conference.
$150,000.00 or higher, or when otherwise deemed necessary by the city
percent of the bid shall be prescribed in the public notices inviting bids. A
contract within ten days after the notice of award of contract has been mailed,
event, the amount of the lowest vendor's bid security shall be applied by the city
bid, and the surplus, if any, shall be returned to the lowest bidder.
(3) Bid opening procedures. Sealed written bids shall be returned to the city and
at thc timc and place stated in thc public notices. A tabulation of all bids
received shall be made available to the public.
(1) Rejection of bids. The city manager may:
(a) Reject all bids; or
28
prescribed in this section.
(c) Reject all bids and direct that the project or service in question bo
city commission to the lowest responsible vendor. Contracts of $100,000.00 or
less shall be awarded by the city manager, assistant city manager and may bo
further delegated to the purchasing manager.
or a "contract bond" combining the elements of a performance and a payment
required before entering into a contract, in an amount at least equal to the
..re4eos-Gentr-aGts or blanket purchase orders, where it has been
determined by the department director that the potential liability resulting from
with the bid process. If such bond is required, the form and amount of the bond
shall be described in the notice inviting bids. Bonds required hereunder shall be
subject to all other provisions of this section and the Code.
(7) Security in lieu of performance and payment bonds. in lieu of the bond
bond required hereunder. The determination of the value of the alternative form
of security shall be made by the appropriate representative of the city as
described above.
{8) Change orders. Any change in the contract price, scope of work or time for
change order, approved by the city commission and executed with the same
formalities as the contract. However, the city manager may approve and
{a) Contract price increases may be approved to a total award of $100,000.00
manager may approve any increase of contract up to a maximum of ten
percent over the most recent award of the city commission. The scope of
any project may not be changed without prior approval of the city
29
•••• •. .. . _ . _ .. •_ . _
sufficient funds available for such purpose.
(b) Contract price decreases may be approved without limitation.
(c) The time for completion may not be extended by more than 60 days, in
any one change or cumulatively for the same project, beyond the most
(d) No change order shall changc the scope of the work unless approved by
the city commi-cion.
(e) City manager approved contracts may not exceed ten percent
cumulatively, inclusive of all change orders.
999 99 _ -
Except as otherwise provided in this division, purchases of commodities or services
of a value of $50,000.00 or Ics✓, may be made in the open market, pursuant to the
following procedure and without observing the procedure prescribed in section 2.561:
(1) Minimum number of quotations. Open market purchases shall be based on at
least three quotations and shall be awarded to the vendor making the lowest
responsible quote.
(2) Notice inviting quotations. Quotations shall be solicited either by written
request, which may include facsimile transmission, electronic mail or by
telephone.
(3) Sealed written quotations. Sealed written quotations received in response to
who shall keep a record of all open market orders and quotes.
(il) Written quotation opening procedures. Whcn formal writtcn quotations aro
requested and received, the quotations shall be opened in public at the time
and place designated by the purchasing agent.
{5) Rejection of quotations. The city manager as purchasing agent may:
(a) Reject all quotations; or
(b) Reject all quotations and re obtain quotations pursuant to the procedures
pre.,cribed in this subdivision.
{6) Award of contracts. Except as otherwise provided in this division, each
contract shall be awarded to the lowest responsible vendor.
Sec. 2.563. Disqualification of apparently lowest responsible bid or quotation.
An apparently lowest responsible bid or quotation may be disqualified as such and
the bid may be rejected if it is determined by the purchasing agent that any or all of the
{1) A bid or quotation submitted by a vendor did not strictly conform to the
30
{2) A vendor has demonstrated, through documented performance in the industry
{3) A vendor's product has been demonstrated, through documented
performance in the industry, or through prior use by the city, to be incapable of
(4) A vendor's product that is different from the city's standard.
related to the protest. This fee shall not exceed $2,500 nor be Tess than $50. Full refund
Sec. 2.564. Exceptions to bid and quotation procedure.
{1) The bidding requirements set forth in this subdivision may be waived when one of
regard to the purchase of any commodity or service and that the delay incident
of the city. The responsible department director shall provide a detailed
summary outlining the facts demonstrating the existence of an emergency.
Upon determining that an emergency exists the purchasing agent may
from the department director requesting the purchase.
(c) The amount of the purchase is $2,500.00 or less.
(d) It is to the advantage of the city to purchase commodities or services in
cooperation with another governmental entity in Florida or to purchase
commodities or services from contracts previously awarded by other
is such that competitive bidding is impossible, impractical, or cannot be
Negotiations -Act,
31
(g) Services rendered by h alth services including mental health; legal services
including paralegal, expert witness, appraisal or mediator services; auditors;
academic and lecturers; or services provided by persons with mental or
e et
is a party or in which it is anticipated by the city attorney, the risk manager, or
become a party.
(j) Contracts of insurance.
Section 212.08(6), F.S.
(2) Purchases over $100,000.00 made pursuant to this section shall be submitted to
the city commission-fof -approval,
Sec. 2.565. Reserved.
Subdiyicio 111. ecerved
Sec. 2.601. Award of design build contracts.
(1) Purpose. This ordinance establishes uniform rules for the procurement and
F.S. § 287.055.
(2) Selection of the design criteria professional. The design criteria professional shall
be selected and contracted in accordance with the requirements of F.S. §
287.055(4) and (5), unless he or she is an employee of the city. The design criteria
services under the design build contract.
(3) Design criteria package requirements. A design criteria package shall be prepared
for the city by the design criteria professional. It shall specify performance criteria
ee
location, material quality standards, cost, construction schedule, site development
32
requirements, landscaping, grading, utility provisions for water, power, telephone,
storm water disposal and parking provisions. The purpose of the package is to
which negotiations may be based. The firm to whom the design build contract is
{6) Certification and competitive selection.
{a) The city shall determine the relative ability of ach firm to perform the services
required for each project. Determination of ability shall be based on staff
the agency, financial capacity, past performance, and current and projected
• -
firms to determine the firms' ability to provide services and commitment to meet
time and budget requirements.
(b) The city shall select no Tess than thrcc nor more than six firms deemed to be
most highly qualified to perform the required services, after considering the
factors in (1) above. Each of these firms will be eligible for consideration in
{c) The city may determine that it is in the best interest of the city to negotiate
eee
a storage warehouse; or
ii. The project requires special expertise; or
iii. There is a need to complete the project on an accelerated schedule.
(7) Competitive proposals for design build services.
{a) Unless negotiation is authorized, proposals will be received from those
qualified firms determined eligible under subsection (f), supra. Proposals shall
criteria package. The city shall establish a relative weighing factor, that is, a
33
maximum permissible score (the weighing factor) for the component.
(b) The city will then total the score given for each proposed component and
divide that score into the price proposed. The quotient will be the adjusted price.
The low qualified proposer will then be that proposer whose adjusted pricc is
project budget.
(8) Competitive negotiation for design build services.
{a) If negotiation is authorized, the city shall select no less than three firms in
order of preference from those deemed to be most qualified to puler -FR -the
required services under subsection (e), supra. In making its determination the
city shall interview no less than three firms to determine their relative ability to
merits of each firm's approach to managing and scheduling the project. The city
will then attempt to negotiate a contract with the most qualified firm.
(b) When authorized, the city shall negotiate and enter into a contract for design
build services for thc project with the firm authorized at compensation
reimbursable costs plus fixcd lump sum fees for design, project management,
overhead and profit.
(c) Should the city be unable to negotiate a satisfactory contract with the firm
considered to be the most qualified, at a price the city determines to be fair,
competitive and reasonable, negotiations with that firm shall be formally
selected firms, additional firms shall be selected in accordance with the
provisions of this section. Negotiations shall continue in accordance with this
section until an agreement is reached.
{e) The award of a negotiated contract shall be approved by the City.
(9) Public emergency exception. In the case of public emergencies, the city may
declare an emergency and authorize negotiations with thc best qualified design
build firm available at that timc. An emergency is a set of circumstances caused by
a sudden unexpected turn of events (c.g., acts of God, riot, fires, floods, accidents
of its business) where the delay incident to publication of the announcement and
34
If the city manager determines that it is in the best interest of the city to proceed
with a city council's construction project using the services of a construction manager,
services may be procured by means other than the procedures specified in this division.
The purchasing manager is authorized to prepare the alternate procedures, which shall
be included in the purchasing procedures which are approved by the city council by
resolution from time to time.
Secs. 2.603 2.608. Reserved.
Coding: Words in strikeout type are deletions from existing text.
Words in underline type are additions.
Section 2: Division 4 of Article VI, Chapter 2, Code of Ordinances, is amended as
follows:
DIVISION 4. DISPOSAL AND DISPOSITION OF SURPLUS TANGIBLE PERSONAL
PROPERTY
Sec. 2.621. Definitions.
Terms not defined in this section shall have the meaning customarily assigned to
them. Otherwise, the following words, terms, and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Tangible personal property means all goods, fixtures, furniture, equipment, and
other items of value capable of manual possession and whose chief value is
intrinsic to the item itself. This term does not include real property.
Sec. 2.622. Surplus sales officer.
(1) The city manager is the surplus sales officer. The city manager may delegate
some or all of this authority to any other city employee, except as to those
matters which, under the charter or this article, are the express responsibility of
the city manager.
(2) The surplus sales officer or designee shall develop, implement, and administer
procedures for the disposal of tangible personal property in accordance with
applicable laws and regulations. Said procedures shall include provisions for the
keeping of records regarding authorization of the disposal of any tangible
personal property.
35
Sec. 2.623. Disposal and disposition of surplus tangible personal property.
(1) The surplus sales officer may classify as surplus any tangible personal property
owned by the city, provided that such property is not otherwise lawfully disposed,
when that property is determined to be obsolete, or the continued use of the
property is uneconomical or inefficient, or the property serves no useful function
to the city.
(2) Tangible personal property that is excess to department needs must enter the
surplus disposal process and shall be disposed in the manner prescribed by F.S.
Ch. 274.
(3) Initial efforts will be made to redistribute any tangible personal property to other
city facilities or departments.
(4) In accordance with F.S. § 274.06, after the initial efforts to redistribute are
exhausted, tangible personal property may be disposed as follows:
(a) If the property is without commercial value, it may be donated, destroyed,
traded, abandoned, or otherwise disposed at the discretion of the surplus
sales officer.
(b) If the market value of the property to be disposed is not estimated to
exceed the current fixed asset control level, it may be donated, destroyed,
abandoned, or otherwise disposed at the discretion of the surplus sales
officer.
(c) At the discretion of the surplus sales officer, tangible personal property
may be offered without bids to the state, any governmental unit, or any
political subdivision of the state.
(5) Tangible personal property not disposed by the methods described in sections
2.623(3) or 2.623(4), and valued at five thousand dollars ($5,000) or less,
whether single item or batch of common bulk items shall be sold through public
auction or open market sales, pursuant to the following procedure:
(a) Minimum number of bids. Open market sales shall, whenever possible, be
based on at least three (3) bids and shall be awarded to the highest
responsible bidders.
(b) Notice inviting bids. Bids shall be solicited either by written request to
prospective buyers or by telephone.
(c) Rejection of bids. The surplus sales officer may:
(1) Reject all bids; or
36
(2) Reject all bids and reobtain bids pursuant to the procedures
prescribed in this section.
(d) Award of contracts. Except as otherwise provided in this division, each
contract for the sale of surplus property as authorized by this subsection
(5) shall be awarded by the city manager to the highest responsible
bidder.
(6) Tangible personal property not disposed by the methods described in sections
2.623(3) or 2.623(4), and valued at more than five thousand dollars ($5,000),
whether single item or batch of common bulk items shall be sold through public
auction or open market sales, pursuant to the following procedure:
(a) Notice inviting bids (open market only). Notices inviting bids shall be
published and shall include a general description of the items to be sold,
shall state where bid blanks and all specifications may be obtained, and
shall state the time and place for opening of bids.
(b) Bid opening procedures (open market only). Sealed written bids shall be
returned to the procurement division and shall be identified as bids on the
envelope. Bids shall be opened in public at the time and place stated in
the public notices. A tabulation of all bids received shall be made available
to the public.
(c) Rejection of bids (open market only). The surplus sales officer may:
(1) Reject all bids; or
(2) Reject all bids and readvertise for bids pursuant to the
procedures prescribed in this section.
(d) Award of contracts. Except as otherwise provided in this division, each
contract for the sale of surplus property as authorized by this subsection
(6) shall be awarded by the city council to the highest responsible bidder.
(7) The bidding requirements set forth in this division may be waived when one or
more of the following conditions exist:
(a) The market value of items to be disposed is not estimated to exceed the
current fixed asset control level and may be disposed as the surplus sales
officer deems necessary.
(b) The surplus sales officer determines that the items can be sold or
otherwise disposed through only one source.
37
(c) Local, state, or federal law requires that the items be disposed via public
auction.
(d) The surplus sales officer determines that a donation to charitable/not-for-
profit organizations is in the best interest of the city.
(e) The department director recommends trade-in as being in the best interest
of the city.
(8) When authorized or required, the surplus sales officer may utilize the services of
auctioneers at city facilities, provider facilities, or online auctions.
(9) When the tangible personal property being disposed was purchased through a
federal, state, or other grant or award, the surplus sales officer shall ensure that
any disposal requirements contained in the grant or award are met.
(10) When property being disposed includes electronic equipment with data
storage capabilities, disposal shall be through a provider capable of ensuring and
providing a certificate of complete data destruction for such equipment.
Sec. 2.624. Reserved.
DIVISION SALE OF SURPLUS PERSONAL PROPERTY
Sec. 2.621. Surplus sales officer.
The city manager shall be the surplus sales officer. He shall have the power to
delegate some or all of his authority to any other city employee, except as to those
manager.
...
commission, the sale of an item or of common bulk items of an estimated value greater
... ..
procedure:
{1) Notice inviting bids (open market only). Notices inviting bids shall be published
and shall include a general description of the items to be sold, shall state where
place for opening of bids.
{2) Bid opening procedures (open market only). ScIcd writtcn bids shall be
of all bids received shall be made available to the public.
38
{3)
._-_
the city manager as surplus sales officer may:
{a) Reject all bids; or
(b) Reject all bids and readvertise for bids pursuant to the procedures
prescribed in this section.
to the highest responsible bidder.
Sec. 2.623. Surplus sales under $5,000.
Except as otherwise provided in this division, following authorization by the city
procedure and without observing the procedure prescribed in section 2.622:
{1) Minimum number of bids. Open market sales shall, whenever possible, be
bidder.
(2) Notice inviting bids. Bids shall be solicited either by written request to
prospective buyers or by telephone.
{a) Reject all bids, or
this section.
{1) Award of contracts. Except as otherwise provided in this division, each
be awarded to the highest responsible bidder.
or more of the following conditions exist:
deems necessary.
(2) It is to the advantage of the city to sell the items to or otherwise dispose of
{3) The surplus sales officer determines that the items can be sold or otherwise
disposed of through only one source.
(4) --Lela state or federal law requires that the items be disposed of via public
auction.
39
{5) The city manager determines that a donation to charitable/not for profit
organizations is in the best interest of the city.
(6)
best interest of the city.
Coding: Words in strikeout type are deletions from existing text.
Words in underline type are additions.
Section 3: Should any of the clauses, sentences, paragraphs, sections, or parts of
this Ordinance be deemed invalid, unconstitutional, or unenforceable by a
court of law or administrative agency with jurisdiction over the matter, such
action shall not be construed to affect any other valid portion of this
Ordinance.
Section 4: This Ordinance shall become effective immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Ote/C
Owen Kohler
Assistant City Attorney
40
APR 1 5 2021
MAY 0 6 2021
Nry
rank Hibbard
Mayor
Attest:
6 � lel O
Rosemarie Call
City Clerk