The sealed competitive bidding procedures below shall be followed:
(A) Presentation to City Commission. All sealed competitive solicitations as defined in § 35.18 shall be presented to the City Commission for their consideration prior to advertisement.
(B) Advertisement for bids required. Notice of the sealed competitive solicitation shall be advertised in accordance with the requirements of the Florida Statutes, as may be amended from time to time.
(C) (1) Bid deposits. When deemed necessary by the Chief Procurement Officer, bid deposits or sureties shall be prescribed in the public notice inviting bids. Unsuccessful bidders shall be entitled to return of the deposit or surety where the Chief Procurement Officer has required same. A successful bidder shall forfeit any deposit or surety required by the Chief Procurement Officer upon failure on its part to enter a contract within 15 days after the award.
(2) Sureties on performance. Pursuant to F.S. § 255.05, for all competitive solicitations for the construction of a public building or public work in excess of $200,000 the Chief Procurement Officer or appropriate staff person shall include as a requirement of such advertised bids a payment and performance bond in the total contract amount. The Chief Procurement Officer, in his or her discretion, may require such payment and performance bonds for bids seeking commodities or services in an amount of $200,000 or less. The City Manager shall have the discretion to waive the performance bond requirement in the event of an undue hardship or emergency. Pursuant to F.S. § 255.05, the city shall not require a contractor to secure a surety bond from a specific agent or bonding company. The requirements of the bonding company such as ratings, shall be determined by the city’s Risk Manager or designee.
(D) Addenda. Written addenda will be issued when changes, clarification or amendments to the sealed competitive solicitations are deemed necessary.
(E) Bid opening procedure.
(1) Bids shall be submitted online via the city’s electronic procurement system, or at such location as otherwise designated in the bid.
(2) Bids shall be opened in public at City Hall by the City Clerk or designee at the time and place stated in the public notice. The names of all bidders shall be publicly announced at the time of opening.
(3) A tabulation of all bids received shall be available for public inspection upon completion of the specified time frame in applicable state law, and in accordance with F.S. Ch. 119 and Ch. 286, as said statutes may be amended from time to time.
(4) No late bids shall be accepted or opened.
(5) The city reserves the right to waive any irregularities in the bids, as determined by the Chief Procurement Officer and approved by the City Manager.
(F) Rejection of bids. The City Manager and City Commission may reject any bids, parts of all bids or all bids for any one or more commodities or services included in the proposed contract when the public interest will be served thereby. The Chief Procurement Officer shall not accept a bid from a contractor who is in default on the payment of taxes licenses or other moneys due the city.
(G) Contracts shall be awarded to the lowest responsive, responsible bidder, which provides the best value to the city. In determining the “lowest responsive, responsible bidder,” the Chief Procurement Officer shall consider:
(1) The prices contained in the bid;
(2) The ability, capacity and skill of the bidder to perform the contract or provide the service required;
(3) Whether the bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference;
(4) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(5) The quality of performance of previous contracts of services, including, but not limited to, city contracts;
(6) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
(7) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
(8) The quality, availability and adaptability of the commodities or services to the particular use required;
(9) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
(10) The number and scope of conditions attached to the bid;
(11) The overall cost to the city;
(12) Whether the bidder is involved in any pending litigation with the city; and/or
(13) The best interests of the city.
(H) Determination and findings statement. When the award is not given to the most responsive, responsible bidder, a determination and findings statement shall be prepared by the Chief Procurement Officer and filed with the other papers relating to the transaction.
(I) Tie bids.
(1) If the determination of lowest responsive, responsible bidder results in a tie, the contract may be split when it is to the city’s advantage as determined by the Chief Procurement Officer.
(2) If the Chief Procurement Officer determines not to split the bid, the contract shall be awarded by first preference to businesses with drug-free workplace programs as described in § 35.30 and then by publicly drawing lots.
(J) Prohibition against subdivision. No contract of purchase shall be subdivided to avoid the requirements of this section.
(K) Inspection of bids. Inspection of the city’s formal bids and proposals shall be conducted in accordance with applicable state law, including F.S. Ch. 119, as said statutes may be amended from time to time.
(Ord. 1409, passed 6-19-02; Am. Ord. 1684, passed 3-16-11; Am. Ord. 1924, passed 5-15-19)