All goods, supplies, materials, equipment or services, except as otherwise provided herein, when the estimated annual cost thereof shall exceed $50,000, shall be procured by a formal solicitation process that may result in a written contract(s) and/or purchase order(s), after due public notice inviting bids or proposals. The CPO may require that the using agency obtain written quotes, pricing, and informal bids for purchases that do not exceed $50,000.
(A) Advertisement for bids required, amount. When any goods, supplies, materials, equipment or services are purchased and when the estimated purchase amount, whether annual or not to be paid by the City shall exceed $50,000, notice thereof shall be advertised as required by statute and published by the City requesting bids as set forth in § 38.43(C). At the option of the CPO, unless any provision of the law provides to the contrary, the City may satisfy any City requirement of public advertisement, public notice, and invitations to bid, requests for proposals, invitation to negotiate, requests for letters of interest, and other solicitations electronically. The notice shall specify that bids, proposals or other offers shall be received no earlier than a minimum of 21 days from the posting of the notice.
(B) Surety.
(1) Bid bond or substantial equivalent. When deemed necessary by the CPO, bid bonds or substantial equivalent shall be prescribed in the public notice inviting bids. Unsuccessful bidders shall be entitled to return of surety where the CPO has required such. A successful bidder shall forfeit any surety required by the CPO upon failure on its part to enter a contract within 15 days after the award.
(2) Sureties on performance. For all bids and/or proposals seeking goods, supplies, materials, equipment or services, except for construction projects, the CPO or appropriate staff person shall determine if a payment and performance bond is required. In compliance with F.S. § 255.05(1) for all construction projects, the CPO or appropriate staff person shall require a payment and performance bond for the total contract amount, after the award and prior to issuance of a notice to proceed. In compliance with F.S. § 255.05(1)(d), the City Manager may exempt a person entering into a construction project contract in an amount not in excess of $100,000 from executing a payment and performance bond, and the City Commission may exempt a person entering into a construction project contract in an amount in excess of $100,000 but not in excess of $200,000 from executing a payment and performance bond. The City Manager shall have the discretion to waive this requirement in the event of an emergency. Any bonding company used must be listed on the United States Department of the Treasury's Circular 570. Additionally, the bonding company must be rated at least "A," Class X, by "Best's Key Rating Guide," published by A.M. Best Company, and authorized to do business under the laws of the State of Florida.
(C) Bid opening procedures. Bids shall be opened publicly on the date and at the time and place designated in the solicitation. After opening each bid, the bid amount (if applicable by law) and the bidder or proposer's name shall be entered on a bid record and signed by the CPO or designee. Such bid record shall be open to public inspection to the extent permitted by F.S. Chapter 119, or other applicable law.
(1) Bid or proposal submissions shall be submitted sealed to the City Clerk or designee and shall be identified as bids/proposals on the envelope or package. A copy of the bid or proposal, whether electronic or hard copy, shall be provided to the City Clerk or designee.
(2) No late bids or proposals shall be accepted or opened, and, if received after the date and time called for in the bid notice, returned unopened to bidder or proposer.
(3) Unless otherwise provided by law and in lieu of the foregoing procedures, the City may receive bids, proposals and other offers electronically. Determination of which bid submittal procedure to be used is at the sole discretion of the City Manager or designee and shall be stipulated in bid/proposal specifications.
(4) The bid documents may allow for digital signature by the bidder or proposer. Failure to sign bids or proposals, as required by the bid documents, shall invalidate the bid or proposal.
(D) Cancellation or rejection of bids or proposals. When any goods, supplies, materials, equipment or services shall be purchased, and the estimated annual amount to be paid therefor by the City shall not exceed $100,000, the CPO shall have the authority to recommend to the City Manager the rejection or cancellation of all bids or proposals, parts of all bids or proposals, or all bids or proposals for any one or more goods, supplies, materials, equipment or services. When any goods, supplies, materials, equipment or services shall be purchased and the estimated annual amount exceeds $100,000, the CPO shall have the authority to recommend to the City Manager, for City Commission consideration, the rejection or cancellation of all bids or proposals, or parts of all bids or proposals for any one or more goods, supplies, materials, equipment or services.
(E) Waiver of irregularities.
(1) The CPO shall have the authority to waive all non-material irregularities in any and all bids, proposals, statements of qualifications, or any responses to any other competitive solicitation, except signature requirements. For the purpose of this paragraph, non-material irregularities are defined as those irregularities for which the waiver thereof would not provide any unfair advantage to the bidder or proposer for which the irregularities are waived. Additionally, the CPO shall have the authority to correct obvious math errors, subject to the right of the bidder or proposer to withdraw the bid or proposal.
(2) Withdrawal of erroneous bids and proposals. Withdrawal of erroneous bids and proposals after opening may be permitted where appropriate, as determined by the CPO. A bidder or proposer alleging a material mistake may be permitted to withdraw its bid if the mistake is clearly evident or the bidder or proposer submits evidence that clearly and convincingly demonstrates that a mistake was made. Withdrawal means the bidder or proposer will not be considered for selection unless the bid or proposal is resubmitted prior to the solicitation closing date and time.
(F) Contract award.
(1) When any goods, supplies, materials, equipment, or services shall be purchased and the estimated annual amount to be paid therefor by the City shall not exceed $100,000, the CPO shall have the authority to recommend the award of a contract to the City Manager. When the purchase amount exceeds $100,000, the CPO shall have the authority to recommend to the City Manager the award of a contract for City Commission consideration.
(2) Selection of bidder or proposer; best value.
(a) The selection of a respondent with whom to contract for a procurement solicitation shall be based on the best value to the City. The CPO, after considering the recommendation of the selection committee, if applicable, shall select the bid, proposal, or response that will provide the best value to the City. Best value may be determined by utilizing a point system based on the criteria, points and weights established in the request for proposals, when deemed appropriate by the CPO.
(b) Best value means the overall value to the City, in the City's sole and absolute discretion, as determined by consideration of the following:
(i) Skill, workmanship and experience demonstrated by the bidder or proposer in performing the same type of work or services as those sought by the City, or the experience, expertise, and quality of services demonstrated by the bidder or proposer for professional, consulting and other services;
(ii) Ability to meet the minimum qualifications or requirements of the solicitation;
(iii) Adherence to specifications, design, or the approach to the project or study, as applicable;
(iv) The bidder or proposer's capacity to perform in terms of personnel, equipment, facilities, licensing, and ability to meet time requirements and schedules;
(v) The bidder or proposer's capacity to perform in terms of financial viability, ability to provide required insurance and business tax receipts, and bonding capacity, if applicable;
(vi) Prices, costs, or rates in relation to the goods, supplies, materials, equipment or services sought to be procured, except as provided by CCNA and in compliance with § 38.53 of this Code (the prevailing wage program), as applicable. Lowest price is not the sole determining factor of best value;
(vii) Life cycle costs of the goods, supplies, materials, equipment or services to be procured;
(viii) Any other factor specific to the particular solicitation that is specifically described in the procurement solicitation document;
(ix) Compliance with the small business ordinance, if applicable;
(x) Any prior conviction for bribery, theft, forgery, embezzlement, falsification, or destruction of records, antitrust violations, honest services fraud or other offense indicating a lack of business integrity or honesty; any prior violation of the City's ethical standards;
(xi) Local preference pursuant to § 38.51 of this Code;
(xii) Compliance with the equal opportunity provisions of the Procurement Code, if applicable; and
(xiii) The total cost of ownership of the products or services and their impact on the City's budget in future years.
(3) Notice of intent to award a contract based on competitive bids and proposals shall be publicly posted electronically or via the City's bidding portal.
(4) When an award is not given to the lowest bidder or proposer, a memorandum indicating why this represents the best value to the City shall be prepared by the using agency and provided to the CPO.
(5) Tie bids. If the determination of best value results in a tie, the contract may be split when it is to the City's advantage. Otherwise, the contract shall be awarded by drawing lots.
(6) Contract negotiations. Upon selection of the proposal determined to be the best value to the City, contract negotiations may commence with the person or entity whose proposal was selected. If fair and reasonable compensation, contract requirements, and contract documents ("contract terms") can be agreed upon with the proposer, the City and the proposer shall enter into a contract, subject to appropriate approval. The CPO and/or designated staff shall serve as facilitator for the negotiation process.
If the contract terms cannot be agreed upon with the proposer, the CPO shall advise the proposer in writing of the termination of negotiations. After termination of negotiations with the proposer, negotiations may commence with such other proposer determined to be in the City's best interest (the next ranked or short-listed proposer).
If the contract terms can be agreed upon with the next proposer, City and the next proposer shall enter into a contract. If the negotiations do not result in an agreement, the CPO may terminate negotiations with that firm, and negotiations may continue with firms in the order that they are ranked, short-listed, or evaluated.
(G) Prohibition against subdivision. No contract of purchase shall be subdivided to avoid the requirements of this subchapter.
(H) City Attorney to review and approve form of purchasing contracts. Pursuant to the City Charter § 7.02(b)(2), the City Attorney or designee shall review all contracts awarded under this subchapter and shall approve all contracts as to form and legal sufficiency prior to their execution by appropriate City officials.
(‘72 Code, § 11½-35)
(Ord. O-75-18, passed 2-19-75; Am. Ord. O-89-11, passed 3-1-89; Am. Ord. O-93-33, passed 7-21-93; Am. Ord. O-93-62, passed 11-3-93; Am. Ord. O-94-17, passed 5-4-94; Am. Ord. O-95-19, passed 4-4-95; Am. Ord. O-98-09, passed 5-20-98; Am. Ord. O-2001-40, passed 10-17- 01; Am. Ord. O-2004-28, passed 11-3-04; Am. Ord. O-2005-20, passed 10-11-05; Am. Ord. O-2009- 11, passed 5-6-09; Am. Ord. O- 2011-08, passed 3-16-11; Am. Ord. O-2015-17, passed 8-26-15; repealed and replaced by Ord. O-2020-07, passed 7-1-20)