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HomeMy Public PortalAbout20-07 Purchasing1st Reading/Public Hearing: 2nd Reading/Public Hearing: Adopted: Effective Date: Sponsored By: 03/11/2020 04/08/2020 04/08/2020 04/08/2020 City Manager ORDINANCE NO. 2020-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, AMENDING ARTICLE IV, DIVISION I, ENTITLED "PURCHASING" OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES, SPECIFICALLY AMENDING SECTION 2-315 TO DELETE THE DEFINITION OF COMMIDITY; TRANSFER CERTAIN LANGUAGE PERTAINING TO EXCLUSIONS FOR CONTRACTUAL SERVICE TO SECTION 2-318 OF THE CITY'S CODE OF ORDINANCES; PROVIDING FOR A DEFINITION OF "SUPPLIES" AND REPLACING THE WORD "COMMODITIES" WITH THE WORD "SUPPLIES" IN SECTION 2-315; PROVIDING FOR A DEFINITION OF REQUEST FOR LETTERS OF INTEREST (RFLI); PROVIDING FOR A DEFINITION FOR REQUEST OR QUALIFICATIONS; AMENDING SECTION 2-316 TO CLARIFY THE AUTHORITY OF THE CITY MANAGER RELATING TO PURCHASES OF SUPPLIES AND CONTRACTUAL SERVICES; AMENDING, REPLACING AND RENUMBERING SECTIONS 2-317, 2-318, 2-319, 2- 320, 2-323 AND 2-324 OF THE CITY'S CODE OF ORDINANCES; RENUMBERING ALL OTHER SECTIONS AS APPROPRIATE; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka ("City") desires to amend Article IV of its Code of Ordinances in order to improve the effectiveness of City purchases and clarify authority for the City Manager; and WHEREAS, certain provisions of the City's Code have been determined by the City Commission to be outdated or in need of clarification; and ORDINANCE NO. 2020-07 WHEREAS, the City Commission has determined that the following amendments to the Purchasing Code are in the best interest of the City of Opa-locka. NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka, Florida hereby amends Article IV of its Purchasing Code as set forth herein: DIVISION 1. - GENERALLY Sec. 2-314. - Legislative intent. The city commission recognizes that fair and open competition is a basic tenet of public procurement; that such competition reduces the appearance and opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically; and that documentation of the acts taken and effective monitoring mechanisms are important means of curbing any improprieties and establishing public confidence in the process of which contractual services are procured. It is essential to the effective and ethical procurement of contractual services that there be a system of uniform procedures to be utilized by city agencies in managing and procuring contractual services; that detailed justification of department or division decisions in the procurement of contractual services be maintained; and that adherence by the department or division and the consultant to specific ethical considerations be required. To assure efficient and economical purchasing practices, the city manager shall prepare and submit proposed rules and regulations as necessary for city purchases to the city commission for their consideration-. Such rules shall have the force and effect of law when adopted by a majority of the city commission by separate resolution. Amendments thereto may be made in the same manner. The rules and regulations shall cover administrative procedures and policies to govern the various phases of the city's purchasing practices. Sec. 2-315. - Definitions. The following definitions shall apply to this division: (1) Agency means any of the various city officers, departments, divisions, bureaus, and any other unit of organization, however designated, of the city government. ORDINANCE NO. 2020-07 (2) Artist means an individual or group of individuals who profess and practice a demonstrated creative talent and skill in the area of music, dance, drama, folk art, creative writing, painting, sculpture, photography, graphic arts, craft arts, industrial design, costume design, fashion design, motion pictures, television, radio, or tape and sound recording or in any other related field. (3) Commodity means any of the various supplies, materials, goods, merchandise, printing, equipment, and other personal property purchased, leased, or otherwise contracted for by the city and its agencies. However, commodities purchased for resale arc excluded from this definition. (3) a Contractual service means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities supplies. The term applies only to those services rendered by individuals and firms who are independent contractors, and such services may include, but are not limited to, evaluations; consultations; maintenance; accounting; security; management systems; management consulting; educational training programs; research and development studies or reports on the findings of consultants engaged thereunder; and professional, technical, and social services. b. "Contractual service" does not include: 1. Artistic services. 2. Academic program reviews or lectures by individuals. 3. Auditing services. 4. Legal services including paralegals, expert witnesses including appraisal cervices, and court reporters. c. The acquisition of services from other governmental agencies and the performance of services in house, other than those performed by an employee in an authorized position, wherein the rate of pay for the performances of such serviees-dees--ilet-e-xeeed-the-rate-ef-pay-fer-an-equivalent-auther-i-zed-pesition shall not be subject to the provisions of this division. (54) (a) Extension means an increase in the time allowed for the contract period due to circumstances which, without fault of either party, make performance impracticable or impossible, or which prevent a new contract from being executed, with a proportional increase in the total dollar amount, which increase is to be based on the method of rate previously established in the contract. (65) Invitation to bid (ITB) means a written solicitation for sealed competitive bids with the title, date, and hour of the public bid opening designated and specifically defining the commodity supplies, group of commodities supplies, or services for which bids are sought. It includes instructions prescribing all conditions for bidding and shall be distributed to all prospective bidders ORDINANCE NO. 2020-07 simultaneously. The invitation to bid is used when the agency is capable of specifically defining the scope of work for which a contractual service is required or when the agency is capable of establishing precise specifications defining the actual commodity supplies or group of commodities supplies required. (76) Qualified bidder or qualified offeror means a person who has the capability in all respects to perform fully the contract requirements and has the integrity and reliability which will assure good faith performance. (87) Renewal means contracting with the same contractor for an additional contract period after the initial contract period, only if pursuant to contract terms specifically providing for such renewal. (98) Request for letter of interest (RFLI) means a formal invitation from the city to submit an offer. It identifies in general terms the work required and directs respondents to provide a letter regarding their interest in working with City on a project. Respondents provide a statement of experience and qualifications of key personnel. Costs are not part of the response. Responses are evaluated by an evaluation committee. If there are a large number of respondents, a short list of three to five most qualified respondents are identified. Interviews are conducted by the evaluation committee and are ranked. This ranking is presented to the city commission with a request for the city manager to be authorized to negotiate and execute a contract which then is then brought back to the city commission for final approval. (109) Request for proposals (RFP) means a written solicitation for sealed proposals with the title, date, and hour of the public opening designated. The request for proposals is used when the agency is incapable of specifically defining the scope of work for which the commodity supplies, group of commodities supplies, or contractual service is required and when the agency is requesting that a qualified offeror propose a commodity supplies, group of commodities, supplies, or contractual service to meet the specifications of the solicitation document. A request for proposals includes, but is not limited to, general information, applicable laws and rules, functional or general specifications, statement of work, proposal instructions and evaluation criteria. Requests for proposals shall state the relative importance of price and any other evaluation criteria. (114-0) Request for qualifications (RFQ) is a formal invitation to vendors to submit a statement of qualifications. This differs from a RFP in that it places greater emphasis on the qualification of the bidder and his/her track record rather than how well the bidder responds to detailed project specifications and requirements. The RFQ identifies the desired minimum qualifications of the firm, a scope of work statement, any project requirements and states the relative importance of selection criteria that will be used in compiling the short ORDINANCE NO. 2020-07 list of prospective bidders for further consideration. Responses are evaluated by an evaluation committee. If there are a large number of bidders, a short list of three to five most qualified bidders are identified. Interviews are conducted by the evaluation committee and are ranked. This ranking is presented to the city commission with a request for the city manager to be authorized to negotiate and execute a contract which then is then brought back to the city commission for final approval. (124-1) Responsive bidder or responsive offeror means a person or firm who has submitted a bid which conforms in all material respects to the invitation to bid or request for proposals. (131-2) Supplies: All personal property, including but not limited to, supplies, goods, equipment, material, and printed goods, purchased, leased, or otherwise contracted for by the city. Sec. 2-316. - Administrative policies; powers, duties and functions of city manager. The city manager shall develop such administrative policies as necessary for the city purchases to assure efficient and economical purchasing practices. He/She shall have the following powers, duties and functions: (1) (a) To canvass all sources of supply supplies, establish and maintain a vendor list, and contract for the purchase, lease, or acquisition in any manner, including purchase by installment sales or lease -purchase contracts which may provide for the payment of interest on unpaid portions of the purchase price, of all commodities supplies required by the city government or any of its agencies under competitive bidding or by contractual negotiation. Any contract providing for deferred payments and the payment of interest shall be subject to specific rules adopted by the city manager. (b) The city manager may remove from the vendor list any source of supplies or services which fails more than once to fulfill any of its duties specified in a contract with the city. He/She may reinstate any such source of supplies or services when he/she is satisfied that further instances of default will not occur. (2) To plan and coordinate purchases in volume and to negotiate and execute purchasing agreements and contracts under which the city manager shall require city agencies to purchase budgeted commodities supplies. (a) Provided, however, that city agencies may, pursuant to Section 287.042(2) Flees es €rom-a stat„ r „chasing a n,- rtract a d Such purchases shall be exempt from the competitive bid requirements applying to their purchases. (b) Provided, however, that city agencies may, pursuant to Section 210.1 Metropolitan Dade County Codc, purchase from a county purchasing ORDINANCE NO. 2020-07 agreement or contract and such purchases shall be exempt from the competitive bid requirements applying to their purchases. (3) To establish a system of coordinated, uniform procurement policies, procedures, and practices to be used by agencies in acquiring contractual services which shall include, but are not limited to: (a) Development of a list of interested vendors to be maintained by classes of contractual services. This list shall not be used to prequalify vendors or to exclude any interested vendor from bidding. All vendors listed in a particular class shall be mailed, by the agency, at the address provided to the city by the vendor, a notice of the invitation for bid or request for proposals ITB, RFP, RFQ or RFLI at least twenty-eight (28) days prior to the date set for submittal of bids or proposals. Notice of invitation to bid shall be mailed at lest ten (10) days prior to the date set for submittal of bids. (b) Development of procedures for the releasing of an invitation for bids and request for proposals ITB, RFP, RFQ or RFLI which shall include, but not be limited to, notice in a local newspaper of general circulation twenty-eight (28) days prior to the date set for submittal of bids or proposals. (c) Development of procedures for the receipt of responses; and. (d) Development of procedures to be used by an agency in deciding to contract, including, but not limited to, identifying and assessing in writing project needs and requirements, availability of agency employees, budgetary constraints or availability, facility equipment availability, current and projected agency work load capabilities, and the ability of any other city agency to perform the services. (e) Development of procedures to be used by an agency in maintaining a contract file for each contract which shall include, but not be limited to, all pertinent information relating to the contract during the preparatory stages, a copy of the invitation for bids and request for proposals ITB, RFP, RFQ or RFLI, documentation relating to the bid process, opening of bids, evaluation and tabulation of bids, and determination and notice of award of contract. (4) To prescribe the methods of securing bids or negotiating and awarding commodity supplies contracts, unless otherwise provided by law. To prescribe specific commodities supplies and quantities to be purchased locally. (6) To govern the purchase by any agency of any commodity supplies; to establish standards and specifications for any commodity supplies; and to set the maximum fair prices that shall be paid for any supplies. (5) ORDINANCE NO. 2020-07 (7) To establish definitions and classes of contractual services. The authority of the city manager under this section shall not be construed to impair or interfere with the determination by city commission of their need for, or their use of, services including particular specifications. (8) Negotiations and informal bids for purchases not to exceed twenty five thousand dollars ($25,000.00). To purchase supplies, equipment or services in the amounts not exceeding twenty five thousand dollars ($25,000.00), by negotiations and informal bids. (98) Except as otherwise provided herein, to adopt rules necessary to carry out the purposes of this section, including the authority to delegate to any city agency any and all the responsibility for supervision thereof. Such purchasing of commoditic;, supplies and procurement of contractual services by city agencies shall be in strict accordance with the rules and procedures prescribed by the city manager and this law. (10) To use competitive bids of other public entities within the State of Florida, including, but not limited to, Federal CSA, Florida Sheriffs' Association, Dade County Cooperative Purchasing Croup, and any other governmental entity within the State of Florida, for purchasing purposes for the city when it is determined to be in the best interest of the city either in the savings of time for d livery of ntiai materials edu t on in th„ d„llar a nt nt by the a.ia v c.i city for such purposes (9) Award contracts for the purchase of supplies and contractual services as provided below: a. Any contract for supplies and contractual services not exceeding one thousand dollars ($1,000.00) may be made in accordance with the small purchase procedures. Supplies purchases shall not be artificially divided so as to constitute a purchase under this section. b. Purchases of supplies and contractual services when the estimated value is between one thousand dollars and one cent ($1,000.01) and two thousand, five hundred dollars ($2,500.00) may be made upon receipt of two (2) documented telephone quotes. Purchase shall be made from the most responsive and responsible quoter. c. Purchases of supplies and contractual services when the estimated value is between two thousand, five hundred dollars and one cent ($2,500.01) and seven thousand, five hundred dollars ($7,500.00) may be made upon receipt of not less than three (3) documented telephone quotes. In order to ORDINANCE NO. 2020-07 determine a fair and reasonable price, additional quotes may be solicited. Purchase shall be made from the most responsive and responsible quoter. d. Purchases of supplies and contractual services when the estimated value is between seven thousand, five hundred dollars and one cent ($7,500.01) and twenty-five thousand dollars ($25,000.00) may be made upon receipt of not less than three (3) written quotes. In order to determine a fair and reasonable price, additional quotes may be solicited. Purchase shall be made from the most responsive and responsible quoter. e. Purchases of supplies and contractual services when the estimated value is greater than twenty-five thousand dollars ($25,000.00) will be acquired through formal bidding procedures unless exempted as defined in Section 2-318. All purchases of supplies and contractual services must be approved the city commission before the purchase is made. (10) Renew contracts below twenty-five thousand dollars ($25,000.00) for supplies and contractual services provided that the following criteria are all satisfied. a. The terms and conditions of the original contract expressly provide for the city's right to renew the contract at the same prices as originally awarded by the city commission or within price adjustment clause parameters as defined in the solicitation documents or agreement. b. A market survey and/or contract quality review has been conducted to determine if renewal of the contract is in the best interest of the city. For supplies and contractual services originally procured through the request for proposals or letter of interest processes, a market survey shall be performed only if it is determined that, due to a significant change in the industry or profession providing the services, an evaluation of current market conditions would be effective. c. An evaluation of the performance of the contractor under the preceding contract term has determined, in writing, that such performance meets established criteria regarding service, responsiveness and quality levels. (11) Delegate purchasing authority to procure supplies and contractual services relating to the maintenance and repair of city equipment in an amount not to exceed one thousand dollars ($1,000.00) to city staff in accordance with established purchasing procedures. In the case of an emergency situation declared by either the federal government, state government, or city ORDINANCE NO. 2020-07 commission, delegated purchasing authority may be increased to an amount not to exceed seven thousand five hundred dollars ($7,500.00). (12) Sell, trade or otherwise dispose of surplus and obsolete property belonging to the city either by sale, barter or exchange, by sealed bid, public auction, cannibalization, trade in, or other means of disposal as may be appropriate and in the best interests of the city. Disposal of surplus or obsolete property for sums in excess of twenty thousand dollars ($20,000.00) per item, shall be made only after approval by the city commission. (13) The city manager shall have no authority to purchase, lease or sell real property without prior city commission authorization and approval. Sec. 2-317. Formal competitive procurement required. All initial awards of contract for supplies and contractual services when the estimated total cost thereof shall exceed twenty-five thousand dollars ($25,000.00) shall be awarded by the city commission through the process of competitive sealed bidding, competitive request for proposals and qualifications, or request for Letters of Interest, except as otherwise provided herein. Sec. 2-318. Exceptions to competitive procurement requirement. The following are exempt from the requirements of formal competitive procurement: (1) Sole source procurement. a. All specifications shall be drafted so as to promote overall economy for the purposes intended, to encourage competition in satisfying the city's need and shall not be unduly restrictive. Brand name specifications are restrictive of competition and shall only be used as specifically provided in this article. b. A contract may be awarded without competition when the city manager makes a written determination, after conducting a good faith review of available sources, that there is only one (1) source for the required supplies or contractual service. The city manager shall conduct negotiations as appropriate to price, delivery and terms. A record of sole source procurement shall be maintained as a public record and shall list each contractors name, amount and type of each contract, and the identification number of each contract file. ORDINANCE NO. 2020-07 c. All sole source procurements, where the cost of the supplies or contractual services exceeds twenty-five thousand dollars ($25,000.00), shall be authorized by the city commission. (2) Emergency procurements. The city manager may make emergency (3) procurements of supplies or contractual services where the cost exceeds twenty-five thousand dollars ($25,000.00) when there exists a clear and present threat to public health, property, welfare, safety or other substantial loss to the city, provided, however, that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. As soon as practicable, a record of the emergency procurement shall be made and shall set forth the contractor's name, the amount and type of the contract, a listing of the supplies or contractual service procured under this contract, and the number of the purchase order, if any. The city commission must be notified, after the fact, of such procurements in excess of twenty-five thousand dollars ($25,000.00) at the next scheduled commission meeting. In any event any increase over the original amount of an emergency procurement reported to the city commission exceeding ten (10) percent must be reported to the city commission to be noted for the record. Purchases and acquisitions under contracts of the federal government, the State of Florida or its political subdivisions and also municipal co-operative purchasing organizations and programs. Purchases of supplies or contractual services under the provisions of local, state, and federal purchasing contracts as well as municipal co-operative purchasing organizations and programs shall be exempt from the competitive procurement requirements, provided that the following criteria are all satisfied: a. The terms and conditions of the original contract by federal, state, local government or municipal co-operative purchasing organization or program are satisfactory to the city and such terms and conditions are extended to other governmental bodies. b. The original contract by the federal, state, local government or municipal co-operative purchasing organization or program for supplies purchases or procurement of contractual services is current and in effect at the time of the proposed purchase of supplies or services by the city. c. The city manager has determined that the prices of the original contract are competitive and reasonable. ORDINANCE NO. 2020-07 d. The city commission must authorize such procurement when the cost of the supplies or contractual services exceeds twenty-five thousand dollars ($25,000.00). (4) Exempt contractual services not subject to the competitive procurement requirement are defined as: a. Services involving special skill, ability, training, or expertise, which in their nature are unique, original or creative. b. Legal services including paralegals, expert witnesses, appraisal services, investigative services and court reporters. c. Actuarial services. d. Auditing services. e. Academic program reviews or lectures or seminars by individuals. f. Health services involving examination, diagnosis, treatment, prevention, medical consultation or administration. g. Artistic services which are original and creative in character and skill in a recognized field of artistic endeavor such as music, dance, drama, painting, and sculpture, photography, culinary arts, fashion design and the like provided however, that contracts for artistic instructors, coaches, teachers, aides, and assistants are deemed contractual services subject to the requirements of competitive procurement. h. Performing artists and entertainers hired to provide entertainment for the benefit of the citizens of Oakland Park and the general public at any city facility. i. Maintenance service of equipment. When considered to be in the best interest of the city and recommended by the using department and the services to be performed are by the equipment manufacturer, manufacturer's service representative, a distributor of the manufacturer's equipment or when at least three (3) responsible services have been evaluated, the services may be procured without bid. j. Advertising. k. Utilities including but not limited to electric, water and telephone. 1. Goods and services provided by other government entities or not -for -profit - organizations. ORDINANCE NO. 2020-07 m. Copyrighted materials (books, videotapes, etc.) except computer software. n. Food, clothing and other promotional items purchased for resale or distribution to the public. o. The foregoing enumeration of services deemed to be exempt from the competitive procurement requirements is not intended to be an exhaustive or exclusive list. The city manager or his designee may determine if a contractual service must be procured through the competitive procurement process, if not expressly indicated above. Sec. 2-319. Contracts for professional services. All contracts for professional services as that term is defined in the Consultants Competitive Negotiations Act, Florida Statutes 287.055 (1991), as amended from time to time, shall be awarded in accordance with the procedures set forth in that Act and any city purchasing procedures adopted in furtherance of that Act. Selection and negotiation committees shall be created to evaluate the qualifications and performance capabilities of offerors responding to the solicitation for professional services, and to competitively negotiate contracts therefore, in accordance with the requirements of the Consultants Competitive Negotiations Act. The city manager shall have the authority to appoint the members of the selection and negotiation committees for each procurement of professional services made pursuant to the Consultants Competitive Negotiations Act. Sec. 2 317. Purchase of insurance. Insurance, while not a commodity, neverthcle shall be purchased by following the procedures as set forth herein for the purchase of commodities or as may be mandated by Florida law. (Ord. No. 90 7, §§ 1, 2, 7 25 90) Sec. 2 318. Contracts for acquisition or purchase of commodities. Commodities shall not be acquired by any agency pursuant to any contract for cervices or incidental to the services performed thereunder. Any contract providing for the acquisition of both services and commodities shall be deemed to be a contract for the acquisition or purchase of commodities, except that service contracts may provide for purchase of reports on the findings of consultants engaged thereunder. (Ord. No. 90 7, §§ 1, 2, 7 25 90) ORDINANCE NO. 2020-07 Sec. 2 319. Competitive bids; when required, exception; deferred payment purchases. {a) No purchase of commodit' excess of five thousand dollars ($5,000.00) unless made upon competitive bids received except: (1) If the city manager shall maintain that an emergency exists in regard to the purchase of any commodity, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the city, then the city manager shall file with the city commission a statement under oath certifying the conditions and circumstances. In the case of the emergency purchase of insurance, the period of coverage of such insurance shall not exceed to the city commission. (2) Purchasing agreements, contracts, and maximum price regulations executed by the city commission arc excepted from competitive bid requirements. (3) Commodities available only from a single source may be excepted from the bid requirements upon the filing by the city manager of a certification of conditions and circumstances with the city commission, if subsequent thereto, the city commission authorizes the exception by majority vote of the commission. (4) When it is in the best interest of the city, the city manager or his designated representative is authorized to purchase insurance by negotiation, but this shall be done only under conditions most favorable to the public interest and upon showing that said purchase shall result in the lowest ultimate cost to the city. (5) When the city manager determines in writing that the solicitation for competitive bids is not practicable or not advantageous to the city, commodities may be procured by requests for proposals. For commodities in excess of seventy five thousand dollars ($75,000.00), the determination shall be submitted to the city commission. To assure full understanding of and responsiveness to the requirements set forth in the request for proposals, discussions may be conducted with qualified offerors. The city commission shall assist in the discussion upon request from the city manager. Qualified offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals prior to the submittal date specified in the request for proposals. The award shall be made to the responsive offeror whose proposal is determined to be the most advantageous to the city, taking into consideration price and the other evaluation criteria set forth in the request for proposals. The basis on which the award is made for commodities in excess of seventy five thousand dollars ($75,000.00) shall be submitted in writing to the city commission. ORDINANCE NO. 2020-07 (b) If no competitive bids or proposals for commodity purchases are received, the city manager or his designated representative may negotiate on the best terms and conditions. (c) Upon issuance of any invitation to bid or request for proposals, the city manager shall forward to the city commission one (1) copy of each invitation to bid or request for proposals for all commodity purchases in excess of five thousand dollars ($5,000.00). The city manager shall also furnish a copy of all competitive bids or proposal tabulations. The city commission shall review the bid tabulations and recommendations from the city manager and shall accept or reject any or all bids. Sec. 2 320. Procurement of contractual services. (a) For the purposes of this section, the term "city contractual service term contract" means a term contract whereby a responsive bidder or offeror agrees to furnish a contractual service during a prescribed period of time or by a specific date. The specified period of time or date completes such contract. This section is intended to establish procedures for direct negotiations and contracting for those municipal services outlined pursuant to Chapter 180, Florida State Statutes. (b) Unless otherwise authorized by law, all contracts for contractual services shall be awarded by competitive soled bidding. An invitation to bid shall be issued which shall include a detailed description of the services sought, the date for submittal of bids, and all contractual terms and conditions applicable to the procurement of contractual services, including the criteria which shall include, but need not be limited to, price, to be used in determining acceptability of the bid. If the agency contemplates renewal of the contract, it shall be so stated in the invitation to bid. The bid shall include the price for each year for which the contract may be renewed. Evaluation of bids shall include consideration of the total cost for each year as quoted by the bidder. No criteria may be used in determining acceptability of the bid that was not set forth in the invitation to bid. The contract shall be awarded with reasonable promptness by written notice to the qualified and responsive bidder who submits the lowest and best bid. This bid must be determined in writing to meet the requirements and criteria set forth in the itatien to bie (c) When an agency determines in writing that the use of competitive soled bidding is not practicable, contractual services shall be procured by competitive soled proposals. A request for proposals which includes a statement of the services sought and all contractual terms and conditions applicable to the procurement of contractual services, including the criteria, which shall include, but need not be limited to, price, to be used in determining acceptability of the proposal shall be issued. If the agency contemplates renewal of the contract, it shall be so stated in the request for proposals. The proposals shall include the price for each year for which the contract may be renewed. Evaluation of proposals shall include consideration of the total cost for each year as quoted by the proposer. To assure full understanding of, and responsiveness to the solicitation requirements, discussions may be ORDINANCE NO. 2020-07 conducted with qualified offerors. The offerors shall be accorded fair and equal treatment prior to the submittal date specified in the request for proposals with respect to any opportunity for discussion and revision of proposals. The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the city, taking into consideration the price and the other criteria set forth in the request for proposals. The contract file shall contain the basis on which the award was made. (d) When the price of contractual services is less than three thousand five hundred dollars ($3,500.00), an agency shall not be required to use the competitive procedures set forth in subsections (b) and (c). However, the agency shall not divide the procurement of contractual services so as to avoid the requirements of subsections (b) and (c). (e) A contract for contractual services may be awarded without competition if it is determined in writing that such services arc available from only one (1) source; however, if such contract is for an amount greater than five thousand dollars ($5,000.00), the agency shall secure prior approval from the city commision. (f) A contract for contractual services may be awarded without competition if county, state or federal law prescribes with whom the agency must contract or if the rate of payment is established during the appropriations process. (g) If only one (1) response to an invitation to bid or request for proposals is received, the agency may proceed with the procurement of the contractual services pursuant to subsection (c). (h) If no response to an invitation to bid or request for proposals is received, the agency may proceed with the procurement of contractual services pursuant to subsection (c). (i) If the city manager determines in writing that an immediate danger to the public health, safety, welfare, or other substantial loss to the city, requires emergency action, the agency may proceed with the procurement of the contractual services necessitated by the immediate danger without competition. However, such emergency procurements shall be made with such competition as is practicable under the circumstances. The agency shall furnish copies of the written determination, certified under oath, and any other documents relating to the emergency action to the city commission. (j) Extension of a contract for contractual services shall be in writing for a period not forth in the initial contract. The extension may, however, provide for an increase in the total dollar amount of the contract based on the method and rate established in the initial contract. There shall be only one (1) extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the contractor's control. ORDINANCE NO. 2020-07 (k) Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. The cost of any contemplated renewals shall be included in the invitation to bid or request for proposals. Renewals are to be done on a yearly basis, and contracts shall not be renewed for more than two (2) years unless competitively procured. Renewals shall be contingent upon satisfactory performance evaluations by the city manager. (1) For each contractual services contract, the agency shall designate an employee to function as contract manager who shall be responsible for enforcing performance of the contract terms and conditions, serve as a liaison with the contractor, and shall approve all invoices prior to payment. (m) ach agency shall designate one (1) employee who, in addition to his existing duties, shall serve as a contract administrator responsible for maintaining a contract file and financial information on all contractual services contracts and who shall serve usuia l ,ith the rtract m ra th„ city i� (n) A selection team of at least three (3) employees who have experience and kno edge- te-pregra areas -and se i nts for which ntraet al services arc sought shall be appointed by the city manager to aid in the selection of contractors for contracts of more than seventy five thousand dollars-($75,000.00). {o) No person who receives a contract which has not been procured pursuant to subsection (b) or subsection (c) to perform a feasibility study of the potential implementation of a subsequent contract, participating in the drafting of an invitation for , implementation, shall be eligible to contract with the agency for any other contracts doling with that specific subject matter; nor shall any firm in which such person has any interest be eligible to receive such contract. (p) Each agency shall establish a review and approval process for all contractual services contracts costing more than five thousand dollars ($5,000.00) which shall include, but not be limited to, program, financial, and legal review and approval. Such reviews and approvals shall be obtained before the contract is executed. (q) Nothing in this section shall affect the validity or effect of any contract in existence on the date of passing of this ordinance. Sec. 3 320.1. Acquisition of professional architectural, engineering, landscape architectural, or land surveying services; adoption of state law. There is hereby adopted by reference to the same extent as if printed herein, the provisions of Florida Statutes, Section 287.055, as amended from time to time, known as the "Consultants' Competitive Negotiations Act." ORDINANCE NO. 2020-07 Sec. 2-320.2- Cone of silence. (a) Purpose. A cone of silence shall be applicable to all city staff, the mayor and city commission and its staff, the city attorney and his/her staff, the city clerk and his/her staff regarding any communication relating to requests for proposal (RFP), requests for qualification (RFQ), invitations to bid (ITB), request for letters of interest (RFLI), or any other advertised solicitations for the provision of goods and services, professional services, and public works or improvements for amounts greater than $25,000.00, unless otherwise exempted in this section. (b) Definition. The term "cone of silence" means a prohibition on: (1) Any communication regarding a particular RFP, RFQ, ITB, RFLI, or any other advertised solicitation between a potential proposer, offeror, respondent, bidder, lobbyist or consultant and the city's staff including, but not limited to the city manager and his/her staff; (2) Any communication regarding a particular RFP, RFQ, RFLI, ITB or any other advertised solicitation between a potential proposer, offeror, respondent, bidder, lobbyist, or consultant and any member of the selection/ evaluation committee therefore; Any communication regarding a particular RFP, RFQ, RFLI, ITB or any other advertised solicitation between a potential proposer, offeror, respondent, bidder, lobbyist, or consultant and the mayor and city commission and their respective staff, the city attorney and his/her respective staff, the city manager and his/her respective staff. (c) Exemptions. Notwithstanding the foregoing, the cone of silence shall not apply to: (1) Communications between a potential proposer, offeror, respondent, bidder, consultant and city purchasing staff, prior to bid opening date or receipt of proposals, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; (2) Duly noticed pre-bid/proposal conferences and site inspections; (3) Duly noticed site visits to determine the competency of bidders/ proposers regarding a particular solicitation during the time period between the opening of bids/receipt of proposals and the time the city manager presents his/her written recommendation to city commission; (4) Emergency procurements; (5) Communications with the city attorney; (6) Sole source procurements; (7) Those purchases that are exempted from competitive requirements in accordance with section 2-319 and section 2-320; (3) ORDINANCE NO. 2020-07 (8) Bid waivers; (9) Oral presentations before selection/evaluation committees and communications occurring during duly noticed meetings of selection/evaluation committees; (10) Public presentations made to the city commission and communications occurring during any duly noticed public meeting; (11) Communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI, ITB or any other advertised solicitation by the purchasing staff; (12) Contract negotiations that occur after an award; and (13) Any communication regarding a particular RFP, RFQ, RFLI, ITB or any other advertised solicitation between the city manager and his/her staff, and the mayor and city commission and their staff. (d) Procedure. (1) Imposition. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, ITB or any other advertised solicitation when the solicitation is advertised in a newspaper of general circulation. At the time of imposition of the cone of silence, the city manager or his/her designee shall issue a notice thereof to the affected department, the city clerk, the city attorney, mayor and city commission and shall include in any advertised solicitation a statement disclosing that the solicitation is subject to the cone of silence. (2) Termination; city council awarding authority. Except as otherwise provided herein, the cone of silence shall terminate at the date and time of the city commission meeting where the award will be made; provided, however, that if the city commission defers the matter to a future date, the cone of silence shall be reimposed until such time as the matter is brought back before the city council for further deliberation. In the event the city council decides to reject all bids, then the cone of silence shall be lifted. (3) City manager awarding authority. Except as otherwise provided herein, the cone of silence shall terminate at the time the issuing department issues a written recommendation to the city manager; provided, however, that if the city manager refers the recommendation back for further review, the cone of silence shall be reinstated until such time as the city manager issues a recommendation for award pending the bid protest period. (e) Penalties. Violation of the cone of silence by a particular bidder or proposer shall render the award to said bidder or proposer voidable by the city commission. A violation of this section by a particular bidder, proposer, offeror, respondent, lobbyist or consultant shall subject said bidder, proposer, offeror, respondent, lobbyist or consultant to five hundred dollars ($500.00) fine per violation and debarment. ORDINANCE NO. 2020-07 Sec. 2-321. - Contract document. (a) Every procurement of contractual services shall be evidenced by a written agreement embodying all provisions and conditions of the procurement of such services, which provisions and conditions shall include but not be limited to: (1) A provision that bills for fees or other compensation for services or expenses be submitted in detail sufficient for a proper pre:audit and post:audit thereof. (2) A provision that bills for any travel expenses shall be submitted in accordance with Section 112.061 of the Florida Statutes. A city agency may establish rates lower than the maximum provided in Section 112.061, Florida Statutes. A provision allowing unilateral cancellation by the agency for refusal by the contractor to allow public access to all documents, papers, letters, or other material subject to the provisions of Florida State Statutes, Chapter 119 and made or received by the contractor in conjunction with the contract. (4) A provision dividing the contract into units of deliverables, which shall include, but not be limited to, reports, findings, and drafts, that must be received and accepted in writing by the contract manager prior to payment. A provision specifying the criteria and the final date by which such criteria must be met for completion of the contract. (6) Where applicable, a provision specifying that the contract may be renewed on a yearly basis for a maximum of two (2) years after the initial contract specifying, the terms under which the cost may change as determined in the invitation to bid or request for proposals; and specifying that renewals shall be contingent upon satisfactory performance evaluations by the agency and subject to the availability of fund. (3) (5) (b) The written agreement shall be signed by the city manager and the contractor prior to the rendering of any contractual service, except in the case of a valid emergency as certified by the city manager. Sec. 2-322. - Sale of city property worth two hundred fifty dollars or less. The city manager shall be authorized to sell any city property certified by him/her to be obsolete and unusable without securing competitive bid if it appears that the obsolete and unusable property shall be of less value than two hundred fifty dollars ($250.00). Sec. 2-322.1. - Execution of contracts by city manager. ORDINANCE NO. 2020-07 The city manager shall execute and sign all contracts awarded by the governing body and authorized pursuant to law. The signature of the city manager shall be attested by the city clerk. In the absence of the city manager, the assistant city manager may execute and sign all contracts which shall be attested by the city clerk. Sec. 2 323. Waiver for competitive bids for water or sewer repairs and solid waste or sanitation department repairs. (a) Conditions. The city manager shall be authorized to expend from funds budgeted and authorized for said purpose all neces ary monies for materials, labor, supplies, equipment or contractual services, including professional services, not to exceed the amount of six thousand dollars ($6,000.00) without scaled competitive bids in the event any part of the correction, expansion, supplementation, additional parts, equipment or appurtenances related thereto, provided: (1) That such expenditures are necessary and proper in order to meet the requirements of or interference with the health, safety or welfare of the citizens of the city. Dade County or the State of Florida. (2) That upon authorizing the expenditures authorized herein, the city manager shall at the next regularly scheduled commission meeting, submit to the city commi:cion for its examination the need and neces ity for the said expenditure, the amount and extent, and advise the commis ion as to whether or not additional monies shall be required. (3) That in the event it becomes necessary to expend monies in excess of six thousand dollars ($6,000.00) to effectuate the purposes set forth herein, the city manager shall call a special meeting of the commission, which may, in its discretion, authorize the initial expenditure up to the sum of six thousand dollars ($6,000.00) pursuant to the authority granted herein and thereafter proceed to appropriate additional monies, authorize contractual services and do such other acts as may be necesvary and proper in the circumstances. (b) Conditions. The city manager shall be authorized to expend from funds budgeted and authorized for said purpose all necessary monies for materials, labor, supplies, equipment or contractual services, including professional services, not to exceed the amount of six thousand dollars ($6,000.00) without scaled competitive bids in the event any equipment in the sanitation or solid waste department becomes damaged, requires immediate repair, or requires correction, expansion, supplementation, additional parts, equipment or appurtenances related thereto as provided in (a)(1) through (3) above. (c) Waiver. When the conditions of subsection (a) have been met, the provisions of sections 2 317 through 2 322 shall be deemed waived and the city manager is authorized to proceed in accordance with the terms and provisions set forth herein. ORDINANCE NO. 2020-07 (d) Continuing application. Proceedings authorized herein shall be deemed to be authorized by the commis ion by motion of continuing application in order to accomplish the purposeo and objectives enumerated and Set forth herein. Sec. 2-323. - Minority vendor procurement program. It is in the best interest of the city that minority vendor procurement program for qualified vendors be established to enable the city to fully utilize the skills and services of such minority vendors in acquiring goods and services by the city. Sec. 2-324. - Protest procedures. The following shall govern any protest made by a participant in any competitive process utilized for the selection of a person or entity in regard to any response to a city requests for proposal (RFP)/invitations to bid (ITB)/request for letters of interest (RFLI) and/or requests for qualification (RFQ): (1) Protest of any city recommendation for an award in response to a request for proposals shall be filed with the city clerk and mailed by the protesting party to all responders to the bid proposal within seventy-two (72) hours of the city's recommendation for an award or the city's actual award, whichever comes first. Such protest shall be in writing, shall state the particular grounds on which it is based, and shall include all pertinent documents and evidence. The protest letter to the city clerk shall include proof of mailing/receipt to other responders to the bid and shall be accompanied by a cashier's check in the amount of five hundred dollars ($500.00) representing the filing fee, plus a cost bond in the amount of two thousand five hundred dollars ($2,500.00) to reimburse the city for all administrative costs associated with the appeal process. The two thousand five hundred dollars ($2,500.00) bond shall be returned to the protester if the protester prevails in the hearing before the hearing examiner/special master. If the protester does not prevail the city shall keep the bond. Any grounds not stated shall be deemed waived. (2) Protests shall be referred by the city clerk to the city manager who shall select a hearing examiner or special master who shall hold a hearing and submit written findings and recommendations within fifteen (15) days of the filing of the protest. The hearing examiner shall consider the written protests, supporting documents in evidence, the city's recommendations and supporting documentation and all evidence presented at the hearing. Such finding and recommendation shall be filed with the city clerk. (3) Hearing examiners/ special masters shall be members of the Florida Bar. (4) The hearing examiner/special master's findings shall be final. Appeals of a decision by the hearing examiner shall be to the county circuit court. The prevailing party in the appeal may be entitled to recover any and all attorneys' fees and costs incurred in the appeal. Failure to follow the protest procedures set forth herein shall automatically nullify any protest or claim brought by an aggrieved bidder, offeror or contractor. (5) ORDINANCE NO. 2020-07 Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 5. Conflict & Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 6. Inclusion in Code. It is the intention of the City Commission of the City of Opa-locka that the provisions of this Ordinance shall, at some time in the future, become and be made a part of the General Code of Ordinances of the City of Opa-locka and that the sections of this Ordinance may be renumbered or re -lettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 7. Effective Date. This Ordinance shall take effect immediately upon its adoption on second reading. PASSED AND ADOPTED this 8th day of April, 2020. ORDINANCE NO. 2020-07 Matthew Pigatt, Mayor ATTEST: 1 4nna Flores, City Clerk APPROVED AS TO FORM AND LEGAL SFICIENCY: B n. e No is -Weeks, P.A. City Attorney Moved by: VICE MAYOR DAVIS Seconded by: COMMISSIONER BURKE VOTE: 5-0 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES City of Opa-locka Agenda Cover Memo Department Director: Robert Anathan Department Director Signature: 2 C.e,..,.. City Manager: John Pate CM Signature: at1/44,Lurvx.e....-r)—.._ Ordinance �F' Other Commission Meeting Date: Mar 11, 2020 Item Type: (EnterX in box) Resolution X Fiscal Impact: (Enter X in box) N/A Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account/t : General Fund (Enter Fund & Dept) Ex: 16-512490 Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: m Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Increased purchasing operations effectiveness X NI El • • I• Sponsor Name City Manager Department: City Manager's Office City Manager Short Title: Purchasing Ordinance Amendment Staff Summary: The current ordinance is unnecessarily overly restrictive and also creates confusion through contradicting itself. Current Section 2-316 (8) indicates "To purchase supplies, equipment or services in amounts not exceeding twenty-five thousand dollars ($25,000) [can be done] by negotiations and informal bids". However, in contrast, Section 2-319 indicates that most purchases of commodities (supplies) require competitive bidding over $5,000 and Section 2-320 indicates that procurement of most contractual services requires competitive bidding over $3,500. These limits impose unrealistically burdensome purchasing constraints on the City and are a fraction of the limits used by most municipalities. The current ordinance also indicated that selection panels would be empaneled for procurements in excess of $75,000, three times greater than the $25,000 threshold used by most municipalities. To improve the effectiveness of the purchasing ordinance, the major change is found in new Section 2-316 (9). This section indicates that as the dollar amount of procurement increases from $1 to $25,000, there are increasing quote requirements ranging from a single telephone quote at the low end to three written quotes for procurements from $7,500 to $25,000. As is currently the case, the City Manager is the final approving authority for procurement up to $25,000 with any procurement above this threshold requiring formal competitive bidding procedures and City Commission approval. This brings the City into conformance with normal municipal practices and eliminates the overly restrictive and contradictory requirements in the current ordinance. Also, the new language is presented in an orderly manner and consequently some of the same information present in the current ordinance is struck out since it becomes redundant with the same language appearing in a revised section. For example, Section 2-316 (2) (a) & (b), exemption from competitive bidding requirements when piggybacking on State or County contracts, has been deleted since it is now redundant with a new more comprehensive list of circumstances which exempt the requirement for competitive bidding (New Section 2-318), Former Sections 2-317 to 2-320.1 and Section 2-323 have been deleted since the contents of these sections have either been clarified, made more efficient or have been otherwise addressed in the proposed amendment Proposed Action: It is recommended that the proposed purchasing ordinance amendment be adopted to enhance the purchasing process. Attachment: 1. Recommended proposed purchasing ordinance amendment in the delete (strike -out) and addition format. 2. Recommended proposed purchasing ordinance amendment in the final format.