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HomeMy WebLinkAboutBack-Up from Law DeptMunicode Page 1 of 3 Sec. 18-86. Competitive negotiations/competitive sealed proposals. (a) Conditions for use. (1) 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. (2) 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: (b) (c) https ://library.municode, corn/print. aspx?h=&clientlD=1093 3 &HTMRequest=https%3 a%2... 9/10/2014 Municode Page 2 of 3 (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 1,8485 (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. https://library.municode. corn/print.aspx?h=&clientID=10933&HTMRequest=https%3a%2... 9/10/2014 Municode Page 3 of 3 (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 such services and obtain information from said individuals or 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) https://library. inunicode,coin/print. aspx?h=&clientID-1093 3 &HTMRequest=hti ps%o3 a%2... 9/10/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 3 Select Year: The 2014 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, • AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.08 Group insurance for public officers, employees, and certain volunteers; physical examinations.— (1) As used in this section, the term "local governmental unit" means any county, municipality, community college district, school board, or special district or any county officer listed in s. 1(d), Art. VIII of the State Constitution. (2)(a) Notwithstanding any general law or special act to the contrary, every local governmental unit is authorized to provide and pay out of its available funds for all or part of the premium for life, health, accident, hospitalization, legal expense, or annuity insurance, or all or any kinds of such insurance, for the officers and employees of the local governmental unit and for health, accident, hospitalization, and legal expense insurance for the dependents of such officers and employees upon a group insurance plan and, to that end, to enter into contracts with insurance companies or professional administrators to provide such insurance, Before entering any contract for insurance, the local governmental unit shall advertise for competitive bids; and such contract shall be let upon the basis of such bids. If a contracting health insurance provider becomes financially impaired as determined by the Office of Insurance Regulation of the Financial Services Commission or otherwise fails or refuses to provide the contracted -for coverage or coverages, the local government may purchase insurance, enter into risk management programs, or contract with third -party administrators and may make such acquisitions by advertising for competitive bids or by direct negotiations and contract, The local governmental unit may undertake simultaneous negotiations with those companies which have submitted reasonable and timely bids and are found by the local governmental unit to be fully qualified and capable of meeting all servicing requirements. Each local governmental unit may self -insure any plan for health, accident, and hospitalization coverage or enter into a risk management consortium to provide such coverage, subject to approval based on actuarial soundness by the Office of Insurance Regulation; and each shall contract with an insurance company or professional administrator qualified and approved by the office to administer such a plan. (b) In order to obtain approval from the Office of Insurance Regulation of any self -insured plan for health, accident, and hospitalization coverage, each local governmental unit or consortium shall submit its plan along with a certification as to the actuarial soundness of the plan, which certification is prepared by an actuary who is a member of the Society of Actuaries or the American Academy of Actuaries. The Office of Insurance Regulation shalt not approve the plan unless it determines that the plan is designed to provide sufficient revenues to pay current and future liabilities, as determined according to generally accepted actuarial principles. After implementation of an approved plan, each http://www.leg.state.fl.us/Statutes/index.cfnl?App_mode=Display_Statute&Search String... 9/10/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 3 local governmental unit or c4rtsortium shall annually submit to the Office of Insurance Regulation a report which includes a statement prepared by an actuary who is a member of the Society of Actuaries or the American Academy of Actuaries as to the actuarial soundness of the plan. The report is due 90 days after the close of the fiscal year of the plan. The report shall consist of, but is not limited to: 1. The adequacy of contribution rates in meeting the levet of benefits provided and the changes, if any, needed in the contribution rates to achieve or preserve a level of funding deemed adequate to enable payment of the benefit amounts provided under the plan and a valuation of present assets, based on statement value, and prospective assets and liabilities of the plan and the extent of any unfunded accrued liabilities. 2. A plan to amortize any.unfunded liabilities and a description of actions taken to reduce unfunded liabilities. 3. A description and explanation of actuarial assumptions. ' 4. A schedule illustrating the amortization of any unfunded liabilities. 5. A comparative review illustrating the level of funds available to the plan from ,rates, investment income, and other sources ,realized over the period covered by the report with the assumptions used. 6. A statement by the actuary that the report is complete and accurate and that in the actuary's opinion the techniques and assumptions used are reasonable and meet the requirements and intent of this subsection. 7. Other factors or statements as required by the office in order to determine the actuarial soundness of the plan. All assumptions used in the report shall be based on recognized actuarial principles acceptable to the Office of Insurance Regulation. The office shalt review the report and shall notify the administrator of the plan and each entity participating in the plan, as identified by the administrator, of any actuarial deficiencies. Each local governmental unit is responsible for payment of valid claims of its employees that are not paid within 60 days after receipt by the plan administrator or consortium. (c) Every local governmental unit is authorized to expend funds for preemployment physical examinations and postemployment physical examinations. (3) Each local governmental unit is authorized to commingle in a common fund, plan, or program all payments for life, health, accident, hospitalization, or annuity insurance or all or any kinds of such insurance whether paid by the local governmental unit, officer or employee, or otherwise. The local governmental unit may determine the portion of the cost, if any, of such fund, plan, or program to be paid by officers or employees of the local governmental unit and fix the amounts to be paid by each such officer or employee as will best serve the public interest. (4)(a) A local governmental unit may, at its discretion, provide group insurance consistent with the provisions of this section for volunteer or auxiliary firefighters, volunteer or auxiliary law enforcement agents, or volunteer or auxiliary ambulance or emergency service personnel within its jurisdiction. No insurance provided to volunteer personnel shall be used in the computation of workers' compensation benefits or in the determination of employee status for the purposes of collective bargaining. (b) Benefits provided under group insurance policies pursuant to paragraph (a) shall not exceed benefits provided to employees under subsection (2) and ss. 112.19 and 112.191, (5) The Department of Management Services shall initiate and supervise a group insurance program providing death and disability benefits for active members of the Florida Highway Patrol Auxiliary, with coverage beginning JuLy 1, 1978, and purchased from state funds appropriated for that purpose. The Department of Management Services, in cooperation with the Office of Insurance Regulation, shall http://www.leg. state.fLus/Statutes/index. cfin?App_mode=Display_Statute&S earch_String... 9/10/2014 Statutes & Constitution :View Statutes ; Online Sunshine Page 3 of 3 prepare;specifications necessary to implement the program, and the Department of Management Services shall receive bids and award the contract in accordance with general law. (6) The Financial Services Commission is authorized to adopt rules to carry out the provisions of this section as they pertain to its duties. (7) All medical records and medical claims records in the custody of a unit of county or municipal government relating to county or municipal employees, former county or municipal employees, or eligible dependents of such employees enrolled in a county or municipal group insurance plan or self- insurance plan shall be kept confidential and are exempt from the provisions of s. 119.07(1). Such records shall not be furnished to any person other than the employee or the employee's legal representative, except upon written authorization of the employee, but may be furnished in any civil or criminal action,, unless otherwise prohibited by law, upon the issuance of a subpoena from, a court of competent jurisdidtiori and proper notice to the employee or the employee's legal representative by the party seeking such -records.' (8) patient medical •records and medical claims records of water management district employees, - former employees, and eligible dependents in the custody or control of the water management district under its group insurance plan established pursuant to s, 373.605 are confidential and exempt from s. 119.07(1). Such records shall not be furnished to any person other than the employee or the employee's legal representative, except upon written authorization of the employee, but may be furnished in any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice to the employee or the employee's legal representative by the party seeking such records. History.—s. 1, ch. 20852, 1941; s. 1, ch. 69.300; s. 1, ch. 72-338; s. 1, ch. 76-208; s, 1, ch. 77-89; s. 50, ch. 79-40; s, 1, ch. 79-337; s. 67, ch. 79-400; s. 3, ch, 83-292; ss. 1, 2, ch. 84-307; s. 4, ch. 86-180; s. 26, ch. 90-360; s, 41, ch. 92-279; s. 55, ch. 92-326; s. 687, ch. 95-147; s. 33, ch. 96-406; s. 1, ch, 2001-123; s. 124, ch. 2003-261; s. 6, ch. 2004-305; s. 13, ch. 2005-2. 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