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Sec. 18-85. Competitive sealed bidding.
(a) Conditions for use. Competitive sealed bidding shall be used for the award of all contracts for
goods, equipment and services over $25,000.00, except as otherwise provided for in this
article, where it is both practicable and advantageous for the city to specify all detailed plans,
specifications, standards, terms and conditions so that adequate competition will result and
award may be made to the lowest responsive and responsible bidder principally on the basis
of price; provided, however, when a responsive, responsible non -local bidder submits the
lowest
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lowest bid price, and u he bid submitted by of ie or iiilore r CSpui isive, responsible local bidders
who maintain a local office, as defined in section 18-73, is within 15 percent of the price
submitted by the non -local bidder, then that non -local bidder and each of the aforementioned
responsive, responsible local bidders shall have the opportunity to submit a best and final bid
equal to or lower than the amount of the low bid previously submitted by the non -local bidder.
Contract award shall be made to the lowest responsive, responsible bidder submitting the
lowest best and final bid. In the case of a tie in the best and final bid between a local bidder
and a non -local bidder, contract award shall be made to the local bidder. Notwithstanding the
foregoing, the city manager may waive competitive sealed bidding methods by making a
written findinkwhich shall contain reasons supporting the conclusion that competitive sealed
bidding is not practicable or is not advantageous to the city, which finding must be ratified
and the award approved by an affirmative vote of four -fifths of the city commission or an
(b)
unanimous vote of the quorum that exists because of either abstentions or vacancies
resulting from resignation, death, suspension, or physical incapacitation after a properly
advertised public hearing. When competitive sealed bidding methods are waived, other
procurement methods shall be followed except for the cone of silence provisions, which shall
not be applicable. This section shall not apply to transfers to the United States or any
department or agency thereof, to the state or to any political subdivision or agency thereof.
Invitation for bids. An invitation for bids shall be issued and shall include, but not be limited
to:
(1) Instructions and information to bidders concerning the bid submission requirements,
including the time and date set for receipt of bids, the address of the office to which
bids are to be delivered, the maximum time for bid acceptance by the city, the right of
the city manager to reject all offers or bids, and any other special information;
(2) The purchase description, qualification factors, delivery or performance schedule, and
such inspection and acceptance requirements as may not be included in the purchase
description;
(3) The contract terms and conditions, including warranty and bonding or other security
requirements, as applicable;
(4) The date, time and place at which any prebid conference may be held and whether
attendance at such conference is a condition for bidding; and
(5) The place where any documents incorporated by reference may be obtained.
(G) Bidders lists. Bidders lists may be compiled to provide the city with the names of businesses
which may be interested in competing for various types of city contracts. Unless otherwise
provided, inclusion or exclusion of the name of a business does not indicate whether that
business is responsible in respect to a particular procurement or otherwise capable of
successfully performing a particular city contract.
(d)
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Public notice. Notice inviting bids shall be published at least once in a newspaper of general
circulation in the city a reasonable time prior to bid opening; but in any event at least 15
calendar days shall intervene between the last date of publication and the final date for
submitting bids. Such notice shall state the general description of the goods or services to be
purchased, the place where a copy of the invitation for bids may be obtained, and the time
and place for opening of bids. In addition, the chief procurement officer may solicit bids from
all responsible prospective suppliers listed on a current bidders list by sending such bidders
copies of the notice to acquaint them with the proposed purchase.
(e) Prebid conferences. Prebid conferences may be conducted to explain the requirements of
the proposed procurement and shall be announced to all prospective bidders known to have
received an invitation for bids. Conferences should be held long enough after the invitations
for bids have been issued to allow prospective bidders to become familiar with the proposed
procurement, but sufficiently before bid submission to allow consideration of the conference
results in preparing their bids. Nothing stated at a prebid conference shall change the
invitation for bids unless a change is made by written addendum, which shall be supplied to
all those prospective bidders known to have received an invitation for bids. All prebid
conferences shall be recorded, and, if a transcript is made, such transcript shall be a public
record.
(f) Bid opening. All bids shall be submitted sealed to the city clerk and shall be opened publicly
by the city clerk or designee in the presence of one or more witnesses at the time and place
stated in the public notice and in the invitation for bids. The amount of each bid and such
other relevant information as may be deemed desirable, together with the name of each
bidder, shall be recorded; the record and each bid shall be open to public inspection.
(g) Bid acceptance and evaluation. Bids shall be evaluated based on the requirements set forth
in the invitation for bids, which may include criteria to determine acceptability such as
inspection, quality, workmanship, delivery and suitability for a particular purpose. Those
criteria that will affect the bid price and be considered in evaluation for award, such as
discounts, transportation costs, and total or life cycle costs shall be measured objectively. No
criteria may be used in bid evaluation which were not set forth in the invitation for bids. The
results of the evaluation and tabulation of bid prices shall be transmitted by the chief
procurement officer to the city manager.
(h) Award. The procurement shall be awarded with reasonable promptness by written notice to
the lowest responsive and responsible bidder, whose bid meets the requirements and criteria
set forth in the invitation for bids except as otherwise provided in this section. For any
procurement, including contracts, a bid to be awarded which exceeds $25,000.00 shall be
awarded by the city manager only upon certification of the results of the evaluation and the
bid tabulation by the chief procurement officer as being in compliance with competitive
sealed bidding methods, except as otherwise provided in this article. Copies of the city
manager's award shall be delivered to the chief procurement officer and all affected
department directors.
All bid awards in excess of $50,000.00 must be approved by the city commission upon
recommendation by the city manager. The decision of the city commission shall be final. Threshold
amounts referenced herein shall include the values associated with potential options of renewal.
Awards made by the city manager or by the city commission shall include authority for all
subsequent options of renewal, if any. The aforementioned options of renewal shall be exercisable
at the option of the city manager if, after review of past performance under the contract, the city
manager determines, in his/her sole discretion, that exercise of the option of renewal is in the best
interest of the city.
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The city commission or the city manager shall have the authority to reject any or all bids or
portions of bids, or to negotiate with the lowest bidder for better pricing.
In the event only one bid is received, the city may award to the sole bidder, negotiate for
better pricing or may re -bid, whichever is in the best interest of the city.
The city manager shall submit to the city commission on a monthly basis a list of
procurements or contracts awarded by the city manager.
(Ord. No. 12271, § 2, 8-22-02; Ord. No. 13170, § 2, 5-13-10; Ord. No. 13275, § 2, 7-14-11)
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Sec. 18-86. Competitive negotiations/competitive sealed proposals.
(a) Conditions for use.
(b)
(c)
Competitive negotiations/competitive sealed proposals shall be used in those
circumstances in which it is both practicable and advantageous for the city to consider
a range of competing plans, specifications, standards, terms and conditions so that
adequate competition will result and award be made not principally on the basis of
price, but to the respondent whose proposal contains the most advantageous
combination of price, quality or other features. All contracts shall be signed by the city
manager.
A contract may be entered into by use of the competitive negotiation/competitive
sealed proposal methods when:
a. The chief procurement officer determines that the complex specialized nature
or technical details of a particular procurement make the use of competitive
sealed bidding either not practicable or reasonable, or not advantageous to the
city; or
b. Specifications or scope of work cannot be fairly or objectively prepared so as to
permit competition in the invitation for bids; or
c• Technology, electronic, software, and system applications are available from a
limited number of sources; or
d. Qualifications and the quality of the service to be delivered can be considered
more important than price.
(3) Competitive negotiations/competitive sealed proposals shall be used in the
procurement of personal and professional services except for:
a. Professional services as defined in Florida Statute § 287.055, as amended
from time to time.
b. Legal services.
C. Services related to the cultural, educational, recreational or park activities
provided by non-profit organizations within city parks. These services may be
awarded without competitive negotiations if the city manager makes a written
finding, supported by reasons, to the city commission that competitive
negotiation methods are not practicable or advantageous. Such finding must be
ratified and the award approved by an affirmative vote of four -fifths of the
commission after a properly advertised public hearing.
d. Maintenance agreements to support proprietary software applications.
Competitive negotiations method. Where the contract does not exceed $50,000.00, at least
three written proposals shall be sought and the city shall enter into competitive negotiations
to determine which proposal is most advantageous to the city. The written proposals
received and the results of the evaluation shall be maintained as a public record. The
contract may be awarded by the city manager upon certification of compliance with
competitive negotiations method by the chief procurement officer. The city manager shall
submit to the city commission on a monthly basis a list of contracts awarded by the city
manager.
Competitive sealed proposal method. Where the contract exceeds $50,000.00, the city may
utilize the following competitive sealed proposal method:
(1)
(2)
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(1) Request for proposals (RFP) or request for letters of interest (RFLI) or request for
qualifications (RFQ) setting forth the terms and conditions of the professional or
personal services sought, including but not limited to, scope of work and evaluation
factors, shall be issued. The RFP, RFLI or RFQ, as applicable, may, in the exercise of
the reasonable professional discretion of the city manager, director of the using
agency, and the chief procurement officer, include a five percent evaluation criterion in
favor of proposers who maintain a local office, as defined in section 18-73. In such
cases, this five percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it
will not apply.
(2) Mailing lists. Lists of prospective proposers/respondents may be compiled pursuant to
section 18-85 (competitive sealed bidding).
(3) Public notice. Adequate public notice in a newspaper of general circulation shall be
provided pursuant to section 18-85.
(4) Pre -proposal conference. A pre -proposal conference may be conducted to explain the
requirements of the proposed procurement and shall be announced to all prospective
proposers known to have received an RFP, RFLI, or RFQ. Conferences should be
held long enough after the RFP, RFLI, or RFQ has been issued to allow prospective
proposers to become familiar with the proposed procurement, but sufficiently before
receipt of proposal to allow consideration of the conference results in preparing their
proposals. Nothing stated at a pre -proposal conference shall change the RFP, RFLI,
or RFQ unless a change is made by written addendum, which shall be supplied to all
those prospective proposers known to have received an RFP, RFLI, or RFQ. All pre -
proposal conferences shall be recorded, and, if a transcript is made, such transcript
shall be a public record.
(5) Receipt of proposals. Sealed proposals must be received by the city clerk no later
than the time and date specified for submission in the request for proposals or request
for letters of interest or requests for qualifications. The name of each proposer shall
be recorded by the city clerk or its designee, and the record and each proposal, to the
extent consistent with applicable state law, shall be open to public inspection.
(6) Proposal evaluation. An evaluation committee shall be appointed by the city manager
for the purpose of evaluating proposals based upon the criteria contained in the RFP,
RFLI or RFQ. No other factors or criteria shall be used in the evaluation. As may be
provided in the RFP, RFLI or RFQ, proposers may be invited to make oral
presentations regarding their Proposals. The recommendations of the evaluation
committee shall be submitted to the city manager.
In the event only one proposal is received, the evaluation committee may proceed with the
evaluation, or request the city manager to reject all proposals, whichever is in the best interests of
the city.
a. After reviewing the evaluation committee's recommendation, the city manager may:
1. Approve the recommendation of the evaluation committee, written notice of
which shall be provided to all proposers, and the city manager shall then
submit his or her recommendation to the city commission;
2. Reject the evaluation committee's recommendation and instruct the evaluation
committee to re-evaluate and make further recommendations;
3. Reject all proposals; or
4. Recommend that the city commission reject all proposals.
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(7) Award. Award shall be made to the responsive and responsible proposer whose
proposal is most advantageous to the city as determined by the city commission in
accordance with the evaluation criteria contained in the RFP, RFLI or RFQ.
b. After reviewing the city manager's recommendation, the city commission may:
1. Approve the city manager's recommendation and authorize contract
negotiations;
2. Reject all proposals;
3. Reject all proposals and instruct the city manager to reissue a solicitation; or
4. Reject all proposals and instruct the city manager to enter into competitive
negotiations with at least three individuals or firms possessing the ability to
perform 111 bUl:l1 services and obtain information I I Idl1Ul 1 11 UI I1 said individuals UI firms
relating to experience, qualifications and the proposed cost or fee for said
services, and make a recommendation to the city commission.
The decision of the city commission shall be final. Written notice of the award shall be given
to the successful proposer.
Threshold amounts referenced herein shall include the values associated with potential
options of renewal. Awards made by the city manager or by the city commission shall include
authority for all subsequent options of renewal, if any. The aforementioned options of renewal shall
be exercisable at the option of the city manager if, after review of past performance under the
contract, the city manager determines in his/her sole discretion that exercise of the option of
renewal is in the best interest of the city.
(Ord. No. 12271, § 2, 8-22-02; Ord. No. 13275. § 2, 7-14-11)
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