HomeMy WebLinkAboutO-24-19 Procurement ProceduresORDINANCE NO.O-24-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATED TO
CITY OF SEBASTIAN CODE OF ORDINANCES - CHAPTER 2
ADMINISTRATION; AMENDING SECTION 2-10 PROCUREMENT OF GOODS
AND SERVICES; ESTABLISHING AND AMENDING PURCHASING
THRESHOLDS, PROCUREMENT METHODS AND PROCEDURES;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S
ERRORS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the existing procurement policies for the City of Sebastian contained in Chapter
2, Section 1.10. currently limit the City's ability to efficiently and effectively serve the residents
of Sebastian; and
WHEREAS, the City Council of the City of Sebastian hereby finds that it is in the public
interest to modify and update provisions of the City of Sebastian Code of Ordinances relating to
the Procurement of Goods and Services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. AMENDMENT. That the Code of Ordinances, City of Sebastian, Florida
is hereby amended Section 2-10, which said section shall read as follows:
Sec. 2-10. Procurement of goods and services.
(a) Applicability. The following Drocedures shall be used for the ordering. contractine_. or
furnishing of any goods or services for any City department, office. or agencv. The City
Manager or his designee, shall serve as the authorized Durchasing agent for the City. The
City Manager may designate a denarnnent head as the delegated Purchasing Officer for the
City.
(b) Purchasing thresholds. Any Durchase of any tvDe of goods or services. unless otherwise
exempted under this section, is subject to competitive bid procedures as follows:
(1) Up to $2,500.00— Purchases up to $2.500 may be Durchased by any City emolovee with
delegated Durchasing responsibilities on the oven market with or without competition.
A Purchase Order is not required.
(2) $2,500.01 to $25,000.00— Purchases greater than $2.500.01 uD to $25.000.00 may be
procured via a minimum of three written quotes by the Requesting Department or
through an Alternate Source Contract as defined by Section 2-10(c)(2). The Procurement
Division awards contracts to the lowest responsive and responsible bidder. A Purchase
Order is required.
(3) $25.000.01 to $75000.00—Purchases greater than $25.000.01 uD to $75.000.00 may be
procured via a minimum of three written quotes by the Procurement Division or through
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an Alternate Source Contract as defined by Section 2-10(c)(2). City Council awards
contracts to the lowest responsive and responsible bidder. A Purchase Order is required.
(4) Over $75,000.01—Formal sealed bids and City Council authorization required. Sealed
competitive solicitation issued by the Procurement Division or an Alternate Source
Contract as defined by Section 2-10(c)(2). City Council awards contracts to the lowest
responsive and responsible bidder/proposer/respondent. A Purchase Order is reauired.
(c) Procurement Methods.
(I Competitive Solicitation
a. Invitation to Bid. A solicitation for competitive sealed bids.
i. Tie Bid Procedure.
(1) First preference shall be Riven under Florida Statute Section 287.087, to
businesses with drug -free workplace programs.
(2) Second preference will be Riven to businesses under the City of Sebastian's
Local Vendor Preference.
(3) In order to break a tie if not settled by the first two preferential methods, the
"Coin Flip" procedure shall be followed to break the tie.
b. Reouest for Proposal (RFP). A solicitation for competitive sealed proposals.
c. Invitation to Negotiate (ITN) — A solicitation for competitive sealed replies to select
one (1) or more vendors to commence negotiations for procuring commodities or
contractual services.
d. Reouest for Oualifications (RFO). A solicitation for sealed qualifications.
(2) Alternate Source Contract
a. State of Florida, Department of Management Services —The
Procurement/Contracts Manager should consider the prices available under the
Department of Management Services. Division of Purchasing rules. The
Procurement/Contracts Manager may use prices established by its state purchasing,
agreement price schedule under the same conditions for use imposed on state
agencies.
b. Pieevback from Other Aeencv or Groups of Agencies — City Council or designee
may make procurements at or below the specified prices from agreements awarded
by other city or county governmental agencies, school boards, community colleges,
federal agencies, public or governmental agencies of any state, state university
systems. or from cooperative, interlocal, or pooled solicitation agreements, when
the vendor will permit procurements by the City at the same terms, conditions, and
prices (or below such prices) awarded in such contract, and such procurements are
to the economic advantage of the City.
c. Procurement Consortium — The City or designee may enter into interlocal
agreements as provided in Florida Statute S 163.01 to establish a consortium and
maximize procurement power for commodities and contractual services. A
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consortium may be nationwide, statewide, or regional as annronriate to achieve the
lowest cost.
(3) Direct Negotiation
a. The Procurement/Contract Manager may approve agreements using direct
negotiations where law allows. The Procurement/Contracts Manager shall maintain
adequate documentation commensurate with the value of the contract, reflecting
the rationale for using direct negotiation as the procurement method and the basis
for determining that the resulting contract is in the City's best interest.
b. Finding of No Acceptable Proposal or Less than Two (2) Responsive Proposals —
Where competitive solicitations have been requested in the manner prescribed by
this policv. and the City, through the Procurement/Contracts Manager, makes a
specific finding in writing that:
No valid or acceptable firm proposal has been received within the
prescribed time. the Procurement/Contracts Manager may enter into direct
negotiations with a vendor providing such commodities and contractual
services. The Procurement/Contracts Manager shall document that a re -
solicitation is not likelv to generate sufficient competition or has been
determined to not be in the Citv's best interest and that it has been
appropriatelv sourced to allow for competition.
ii. Less than two (2) responsive proposals for commodities or contractual
services were received: the Procurement/Contracts Manager may negotiate
on the best terms and conditions or reject all oroposals. The
Procurement/Contracts Manager shall document why negotiating terms and
conditions with a particular vendor is in the City's best interest instead of
re -soliciting proposals.
(d) Cone of Silence. A "cone of silence" is hereby established for all competitive selection
processes, including Invitations to Bid (ITB), Request for Proposal (RFP), Invitations to
Negotiate (ITN). and Request for Oualifications (RFO) for the provision of commodities and
contractual services. The cone of silence is designed to protect the integrity of the procurement
Process by shielding it from undue influences before the recommendation of contract award.
This cone of silence shall be imposed on these procurements after advertisement and
terminates when the City Council acts on a written recommendation from the City's
Procurement Division regarding contract award.
a. The cone of silence prohibits any communication regarding a comnetitive
solicitation between:
1. A potential vendor, service provider, bidder, lobbyist. or consultant
and the staff of the City. including department directors: and
2. A potential vendor. service provider, bidder, lobbyist, consultant,
and any member of the City Council or member -elects.
b. Violation of this poliev by a particular bidder. oro_noser, resnondent. and
representative may. at the discretion of the Citv. result in the reiection of said
bidder. nr000ser. respondent, and renresentative's bid, proposal. or offer and mav_
render anv contract award to said bidder. oronoser. or resnondent voidable.
c. In addition to anv other oenalty provided by law. a city emnlovee's violation of this
policv mav subiect said emnlovee to disciplinary action uo to and including
dismissal from service.
(e) Protests Arising from Solicitation or Contract Award Process
a. Anneals. Anneals shall be determined in accordance with procedures provided in
Chanter 120. Florida Statutes, such that anv person who is adverselv affected by
the terms, conditions, or specifications outlined in this bid or who is adversely
affected by a decision of the Citv concerning the solicitation shall file a Notice of
Intent to Protest, in writing within 72 hours after the solicitation document is posted
or after the notice of decision is posted, respectively, excluding Saturdays. Sundays.
and state holidays. A formal written protest shall be filed no later than 10 days after
the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state
holidays. The formal written protest must be accompanied by a protest bond,
cashier's check, or monev order in the amount of one percent (1%) of the total
estimated contract value. The Notice of Intent to Protest and formal written protest
shall be filed at the following address: Procurement/Contracts Manager, 1225 Main
Street. Sebastian, FL 32958. The formal written protest shall state, with
particularity, the facts and law upon which the protest is based. Failure to file a
Notice of Intent to Protest, formal written protest, or failure to post the bond.
cashier's check, or monev order within the time frames or in the manner described
above shall constitute a waiver of proceedings under Chanter 120. Florida Statutes.
b. Decision. If the protest is not resolved by mutual agreement, the
Procurement/Contracts Manager shall nromntly investigate the basis of the protest
and. after consultation with the originating department, the Citv Attorney. or anv
other person or entitv deemed necessarv. the Procurement/Contracts Manager shall
issue a decision in writing. A copv of the decision shall be furnished immediatelv
to the protestor and anv other nartv determined by the Procurement/Contracts
Manager to be directly affected by the decision. The decision shall state the
decision and the basis for the decision, and set forth the vrotestor's right to
administrative review.
c. Administrative Review. If the protestor disagrees with the decision of the
Procurement/Contracts Manager, the protestor may appeal the decision to the City
Manager, provided the protestor shall submit written notice of such appeal to the
Procurement/Contracts Manager within seven (7) calendar days of receipt of the
decision to award. Any appeal of the decision by the City Manager shall be heard by the
City Council or other appropriate administrative or legal body.
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d. Stav of Procurement. In the event of a timelv and orouerly filed protest. the
Procurement/Contracts Manager shall not proceed further with the solicitation or
award until all administrative remedies have been exhausted or until the Citv
Manager or Citv Council. as appropriate, makes a determination on the record that
the award of a contract is necessary to protect substantial interests of the Citv.
(f) Competitive Solicitation Waived or Not Required
(1) Single/Sole source purchases. Per Florida Statute U87.057, commodities or contractual
services available onlv from a single source may be excepted from the coma_ etitive-
solicitation reouirements. If an agencv believes that commodities or contractual services
are available only from a single source, the agencv shall electronically post a description
of the commodities or contractual services sought for at least 15 business days. The
descrintion must include a reauest that prospective vendors provide information
regarding their abilitv to supply the commodities or contractual services described. If it
is determined in writing by the agencv, after reviewing anv information received from
nrosnective vendors that the commodities or contractual services are available only from
a single source. the aeencv shall provide notice of its intended decision to enter a single -
source nurchase contract in the manner specified in Florida Statute & 120.57(3).
(2) Emergency purchases. Where the Procurement/Contracts Manager, with approval of the
Citv Manager, finds it in the Citv's best interest. thev may declare an emergencv
procurement condition and suspend anv or all procurement and contracting policv
provisions. Spending authoritv under this provision shall not exceed $25.000: however.
in the event of declaration of a State or Local State of Emergencv covering the Citv, the
limit shall be raised to $50.000.00. All emergencv purchases over $25.000.00 shall be
renorted to the Citv Council as soon as practical. As used in this section, the term
"emergencv" means a sudden. unexpected turn of events that causes:
a. An immediate danger to the public health or safetv:
b. An immediate danger of loss of public or private property:
c. An interruption in the delivery of an essential governmental service: or
d. An interruption in the normal function and operation of anv city department that
would result in a work st000age or other substantial monetary loss.
(3) Change orders. The purchasing officer may approve cumulative changes of up to 15
percent of the total contract price. Changes in excess of 15 percent of the total contract
price or any change in excess of $15,000.00 must have the prior approval of the city
council.
(4) Contract renewals. Any contract containing a provision for renewal may be renewed in
accordance with its terms. Authorization for approval shall be in accordance with the
dollar threshold established by this section.
(5) Intergovernmental/not for profit purchases. Purchases between the council and nonprofit
organizations, other governments, or other public entities, and intragovemmental
services.
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(6) Arts advertising or cultural disnlays. Purchases of advertising, works of art for public
display, shows/displays/cultural events sponsored by the city.
(7) Professional medical services. Medicallv-related Professional services and emDlovee
benefit -related Purchases.
(8) Real property purchases. Purchase of real property.
(9) Professional Services. Professional and Personal service contracts, including but not
limited to attornev. aDDraiser, and expert witness services, shall be avi roved by the city
council ifthev exceed $15.000.00.
(10) Franchise, sponsorship orjoint enterprise agreements.
(11) Risk Management. The Procurement/Contracts Manager may. except as otherwise,
required by statute, utilize the competitive solicitation Drocess or enter into direct
negotiations and contract with a vendor or supplier that best meets the citv's needs when
acquiring insurance, entering risk management Programs, or contracting with third-Partv
administrators. The Procurement of emvlovee group insurance must be comDetitively
selected Der F.S. 112.08.
(12) PRIDE/RESPECT. The Procurement/Contracts Manager mav Procure commodities and
contractual services from PRIDE (Prison Rehabilitative Industries and Diversified
Entemrises, Inc.) or RESPECT (Florida's preferential purchasing Program for
individuals with disabilities), as authorized by the Florida Statutes.
(13) Regulated Utilities—. - The Procurement/Contracts Manager mav Procure regulated
utilities or government -franchise services (i.e.. water, utilitv services, postage).
(14) Grant or Law—. - The Citv Manager mav enter into a contract where state or federal law.
a grant, or state or federal agencv contract Prescribes with whom the Citv must contract
or if the Davment rate is established during the annual appropriation process.
(15) Maintenance/Service/War-ranty. The Procurement/Contracts Manager mav award
maintenance and/or service agreements on various tvues of technical equiPment that are
offered and/or suDPlied onlv by the original manufacturer or its representative which are
required to maintain the integrity of the manufacturer's warranty, or that are Dart of the
manufacturer's rental/lease/lease Procurement agreement terms and conditions.
(16) Any situation where compliance with this code will place the city in conflict with
mandatory provisions of state law, federal law or the terms of any grant.
(g) Prohibitions. No contract or purchase shall:
(1) Be Purposely subdivided to circumvent anv requirements of this section.
(2) Be made in excess of the amounts allocated from the general fund for the general
classification of expenditures in the budget for the then current budget year, nor shall
anv exDense of a special fund exceed the amount of monev available to that fund.
(h) Waiver. When in the best interests of the Citv, the Citv Council may. by affirmative vote,
waive the provisions of this Section and authorize the Purchase of anv good or services
without competitive bidding or waive bidding requirements unless doing so would otherwise
violate annlicable Florida or Federal law.
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Section 2. CODIFICATION. The sections of the Ordinance shall be codified within
part of the Procurement of Goods and Services Code and may be renumbered or re -lettered to
accomplish such, and the word "ordinance" may be changed to "section," "division," or any
other appropriate word.
Section 3. CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed to the extent of such conflict.
Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not
be affected and it shall be presumed that the City Council of the City of Sebastian did not
intend to enact such invalid provision. It shall further be assumed that the City Council would
have enacted the remainder of this Ordinance without said invalid provision, thereby causing
said remainder to remain in full force and effect.
Section 5. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered
or re -lettered and corrections of typographical errors which do not affect the intent may be
authorized by the City Manager, or the City Manager's designee, without need of public hearing,
by filing a corrected or re -codified copy of same with the City Clerk.
Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Council Member
Nunn . The motion was seconded by Council Member Jones
and, upon being put to a vote, the vote was as follows:
Council Member Dodd aye
Council Member Dixon aye
Council Member Jones aye
Council Member McPartlan aye
Council Member Nunn aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 20th day of
November 12024.
CITY OF SEBASTIAN, FLORIDA
By:
MAYOR Bob McPartlan = -
ATTEST: ^
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4�
J ANETTE WILLIAMS, MMC
CITY CLERK
Approved as to form and legality for
reliance by the City of Sebastian only:
'7-�
FER COCKCROFT, ESQ., BCS
Y ATTORNEY