HomeMy Public PortalAbout16-08 CONE OF SILENCE POLICY 1st Reading: July 27, 2016
2nd Reading: September 14, 2016
Public Hearing: September 14, 2016
Adopted: September 14, 2016
Effective Date: September 14, 2016
Sponsored by: City Attorney
ORDINANCE No. 16-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 90-7, CHAPTER 2,
ARTICLE VI, DIVISION 1 OF THE CITY OF OPA-LOCKA, FLORIDA
CODE OF ORDINANCE, CREATING SECTION 2-230.2,ESTABLISHING
A "CONE OF SILENCE" POLICY FOR INVITATIONS TO BIDS,
REQUESTS FOR PROPOSALS AND OTHER SOLICITATIONS;
PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING
FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, The City currently does not have a "Cone of Silence" prohibiting certain
communications between prospective bidders, proposers and City staff; and
WHEREAS, The City finds that it is in its best interest to establish a "Cone of Silence
policy; and
WHEREAS,The City Commission desires establish such policy; and
NOW THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals and preambles herein are incorporated by reference.
Section2. The City of Opa-locka City Commission hereby amends Ordinance 90-7,
Chapter 2 Article VI Division 1 and creating Section 2-320.2 as follows:
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 intent (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.
Ordinance No. 16-08
(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;
(3) 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;
(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.
Ordinance No. 16-08
(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 $500.00 fine per violation
and debarment.
Section 3. All ordinances or code provisions in conflict herewith are repealed.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances
when the Code is recodified.
Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTED this 1e day of September, 2016.
Ordinance No. 16-08
/44,
ra L. Taylor
Mayor
Attest to:
Jo na Flores
City Clerk
Approved as to form and legal sufficiency:
Vincent T.Brown, Esq.
The Brown Law Group, LLC
City Attorney
Moved by: VICE MAYOR HOLMES
Seconded by: COMMISSIONER RILEY
Commission Vote: 5-0
Commissioner Kelley: YES
Commissioner Riley: YES
Commissioner Santiago: YES
Vice-Mayor Holmes: YES
Mayor Taylor: YES
•
8NW NEIGHBORS THURSDAY SEPTEMBER 12016
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CALENDAR Labor Day Weekend Celebration
Just because summer has come
to an end,doesn't mean the
beachfront bashes have to.sbe's
CITY OF OPA-LOCKA exhibitions.Sept.1 5:30 p.m.730 Stem,DJ Danis LaCleve,and DJ oceanfront haven invites guests
NOTICE TO THE PUBLIC p.m.Included in admission NSU Kenyi.A special music festival to join them anytime between
Art Museum Fort Lauderdale One craft cocktail menu will be avail- noon and 6 p.m.where they'll be
NOTICE.IS HEREBY GIVEN that the City Commission of the City of Opa-locks,Florida will hold E.Las Olas Blvd.,Fort Lauder- able.All attending guests will be offering a good of fashioned
dale. eligible for exclusive giveaways American favorite BBQ menu.On
public hearings at its Regular Commission Meeting on Wednesday,September 14,2016 at 7:00 PM in the and raffles.Sept.2-Sept.4 12 Saturday,internationally re-
Auditorium at Sherbondy Village,215 Perviz Avenue,Opa-locka,Florida,to consider the following items: nowned DJ Aloona will be taking
p.m.Free Ball& 1513 SW
Friday,September over the turntables.On Sunda
SECOND READING ORDINANCE'S/PUBLIC HEARING: 2 8th St..Miami. and Monday D1 YSL will be Y
Second Annual Ball& spinning a unique style set to
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, Saturday, send off the highly anticipated
ADOPTING AMENDMENTS TO CORRECT SCRIVENER'S ERRORS IN ORDINANCE NO 15-31, Musk Festival Ball&Chain is September 3 weekend with a bang.Sept.3
THE LAND DEVELOPMENT REGULATION/CITY ZONING CODE ORDINANCE;PROVIDING exerted to celebrate 81 years with -Sept.4 12 p.m.-6 p.m.Hyde
FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE(FIRST READING a three-day music festival.Over Back-to-School Fun Day for Beach Kitchen+Cocktails 111 S.
HELD ONJ JULY 27,2016). 100 musicians and DJs are slated Families Nova Southeastern Surf Rd.,Hallandale Beach.
to be on hand.The featured University,in partnership with
bands will include:PALO!,Spam Baptist Health South Florida and Miami's Vice City Rollers Family
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, Allstars,Magic City Hippies, Broward County,will host Jump- Day&Blood Drive Miami's Vice
AMENDING ORDINANCE NO 90-7,CHAPTER 2,ARTICLE VI,DIVISION I OF THE CITY OF Electric Piquete,Tiempo Libre, start the School Year,a free City Rollers roller derby team will
OPA-I.00KA,FLORIDA CODE OF ORDINANCE,CREATING SECTION 2-230.2,ESTABLISHING The Politix,Lemon City Trio, family event.The event will host a family day and blood
A"CONE OF SILENCE"POLICY FOR INVITATIONS TO BIDS,REQUESTS FOR PROPOSALS AND Vlade Divak,Leslie Cartaya, feature a dance party with fanta- drive.In addition to the chance
OTHER SOLICITATIONS;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING Barrio Activo,Calle Sol,Lan- sy theatre factory,What's in Your to donate blood,there will be
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&Conjunto,Elastic Band,Nick South Florida,and ZUMBA kids. raffles,Pie a Skater,face-paint-
AN ORDINANCE OF 11111 CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, Tannura Quartet,Art Official, The event is recommended for ing,a DJ and more.Sept.3 2:30
AMENDING CHAPTER 2,ARTICLE VI,DIVISION I OF THE CITY OF OPA-I,OCKA,FLORIDA Tony Succarfeaturing Mixtura, school-aged children and their p.m.-630 p.m.Free mvcrblood-
CODE OF ORDINANCE,CREATING SECTION 2-325,ESTABLISHING A PROTEST PROCEDURE Aaron Lebos,Gene Paul,and families.Sept.3 1 p.m.-3 p.m.Free drive.eventbrite.com Suniland
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REPEALER;PROVIDING FOR AN EFFECTIVE DATE(FIRST READING HELD ON JULY 27,2016).
RESOLUTIONS/PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO
CONSIDER THE REQUEST OF POLIMIX PROPERTIES,INC.FOR SITE PLAN APPROVAL TO
CONSTRUCT AND OPERATE.A CONCRETE HATCHING FACILITY AT 14800 NW 24TH COURT, ...':4 iliiiie ,.
ON A 54,(X10 SQUARE FOOT SITE OR 1.23 ACRES MORE OR LESS BY CALCULATIONS WHICH
IS COMPRISED OF TWO PROPERTIES IDENTIFIED BY TAX FOLIOS 08-2122-025-0510 AND
08-2122-025-0500;PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN CITY OF OPA-LOCKA,FLORIDA
EFFECTIVE DATE. NOTICE OF BUDGET HEARINGS
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,H.ORIDA,TO FY 2016-2017
CONSIDER THE REQUEST OF POI.IMIX PROPERTIES,INC.FOR DEVELOPMENT AGREEMENT
APPROVAL.TO CONSTRUCT AND OPERATE A CONCRETE HATCHING FACILITY AT 14800 NOTICE IS HEREBY GIVEN that the City of Opa-locka City Commission will hold public
NW 24TH COURT,ON A 54,000 SQUARE FOOT SITE.OR 1.23 ACRES MORE OR LESS BY hearings at its First Budget Hearing on Tuesday,September 13,2016 @ 5:01 p.m.and Second
CALCULATIONS WHICFI IS COMPRISED OF TWO PROPERTIES IDENTIFIED BY TAX FOLIOS Budget Hearing on Tuesday,September 27,2016 @ 5:01 p.m.The purpose of the Budget
08-2122-025-0510 AND 08-2122-025-0500; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Hearings is to discuss and consider the FY 2016-2017 proposed budget for the City of Opa-locka.
The meetings will be held in the Auditorium at Sherhondy Village,215 President Baia k Ohama
Additional Information on the above items may be obtained in the Office of the City Clerk,780 Fishermen (Perviz)Avenue,Opa-locka,Florida.All interested persons are encouraged to attend these meetings and
Street,4th Floor,Opa-locka,Florida 33054.All interested persons are encouraged to attend this meeting will be heard with respect to the public hearings.
and will he heard with respect to the public hearings.
Agenda items may he viewed at the Office of the City Clerk,780 Fisherman Street,4°'Floor,Opa-locka,
In accordance with the Americans with Disabilities Act of 1990,persons needing special accommodations Florida.Anyone desiring a copy of the agenda items should contact the City Clerk at 305953.2800.
to participate in the proceeding should contact the Office of the City Clerk at(305) 953-28(X)for
assistance no later than seven(7)days prior to the proceeding.If hearing impaired,you may telephone In accordance with the Americans with Disabilities Act of 1990,persons needing special accommodations
the Florida Relay Service as(800)955-8771(TTY),(800)955-8770(Voice),(877)955-8773(Spanish)or to participate in the proceeding should contact the Office of the City Clerk at 305.953.2800 for assistance no
(877)955-8707(Creole) later than seven(7)days prior to the proceeding.If hearing impaired,you may telephone the Florida Relay
Service at 800.955.8771(TTY),800.955.8770(Voice),877.955.8773(Spanish)or 877.955.8707(Creole).
PURSUANT TO ES 286.0105:Anyone who desires to appeal any decision made by any board agency.
or commission with respect to any matter considered at such meeting or hearing will need a record of the PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency,or commission with
proceedings,and for that reason.may need to ensure that a verbatim record of the proceedings is made, respect to any matter considered as such meeting or hearing will need a record of the pent ceding:,and for that reason,may
which record includes the testimony and evidence upon which the appeal may be based. need to ensure that a verbatim record of the proceedings is made,which record inc lades the testimony and evident e upon
which the appeal may be based
JOANNA FLORES,CMC
CITY CLERK JOANNA FLORES,CMC
CITY CLERK