2024-R-13 - CDBG Procurement PolicyRESOLUTION NO. 2024-R-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY . - OF EDGEWATER, FLORIDA AMENDING THE CTT'Y.'S
POLICY RELATING TO CITY PURCHASES FOR USE IN
ADMINISTERING COMMUNITY DEVELOPMENT
BLOCK GRANTS (CDBG); PROVIDING DEFINITIONS;
DEFINING AN ACTION PLAN; AND PROVIDING AN f
EFFECTIVE DATE.
WHEREAS, the City Council adopted Resolution 2020-R-06; creating a policy
relating to City purchases, including a Minority Business Enterprise Policy, for use in
administering Community Development Block Grants Disaster Recovery (CDBG-DR) on
June 1, 2020; and
WHEREAS, the policy was subsequently amended by the adoption of Resolution 2022-
R-25 on September 22, 2022.
WHEREAS, the City Council of the City of Edgewater desires to update its policy regarding
purchases under the City's Community Development Block Grants (CDBG, and
WHEREAS, the City Council of the City of Edgewater recognizes the need to update a plan
for purchases under the Community Development Block Grant;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater Florida:
Section 1. The City Council hereby amends the City of Edgewater CDBG-DR Procurement
Policy and all purchases as provided for therein shall be procured in accordance with said policy,
a copy of which is attached and incorporated herein as Exhibit "A"
Section 2. All conflicting purchasing policies are superseded by this policy.
Section 3. All resolutions or part of resolutions in conflict herewith are hereby repealed.
Section 4. This resolution shall take effect upon adoption.
2024-R-13 1
PASSED AND DULY ADOPTED this L day
:'u`� CCU-� �•,.
AITES
Diezel Depew, Mayor
Bonnie Zidtnik, Me, City Clerk
REVIEWED AND APPROVED:
Aaron R. Wolfe, City ttomey
2024-R-13
EXHIBIT "A"
CDBG PROCUREMENT POLICY
2024-R-13
10�
CDBG BisesfeF-ReeoveFv Formatted: cont: Times New Raman, 11 pt
Procurement Policv
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e-
ection 11
PAYMENT TO VENDORS
Section 12
INORITY BUSINESS ENTERPRISE PARTICIPATION 1
PROGRAM
Section 13
SECTION 3
Section 14
1 SEVERABILITY 18
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Seetien 2 AI21214CAT AN OF Rol ICY I Formatted: FaM: 11 pt
Seeder 9 PUREIIA81A7a DIRKT-OR I
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Section 1 PURPOSE Formatted: Fant: 11 pt
This policy is adopted to assure that commodities and services for the Community Development Block
Grant C{ DBGI Programs areobtained efficiently and effectively in free and open competition and through
the use of sound procurement practices. All City staffand other persons (subgrantees or contractors) with
designated responsibility for the administration of CDBG award contracts are responsible for ensuring the
Procurements and contracting for all services and conform and are incompliance withal] applicable federal
and state laws and regulations. These include butane not limited to: OMB Circular A-102, attachment O;
2 CFR Part 200; Appendix II of Part 200: s. 255.0525 and 287.055 Florida Statutes, Chapter 73C-23 Florida
Administrative Code.
h nhs policy snap apply in contracts or agreements for the procurement or all materials, supplies, s
construction and equipment for any Community Development Block Grant Program solicited or
into after the effective date of this policy.
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Manager or his/her designee shall serve as the central purchasing officer
of the City of Edgewater for all contracts or agreements described in Section 2.
Section 4 PURCHASING AND CONTRACT AWARD PROCEDURES Formatted: Fad 11 m
Section 4.01 Purchasing Categories' Threshold Amounts
Except as to Sole Source Purchases (Section 4.06) and Cooperative Purchasing (Section 4.07), all purchases
and contract awards are to be made subject to the provisions of the appropriate Section according to the
following threshold amounts: AIOM\
A. Cmnll pnretnses (SeSH811 4.02) $1.09 to $4,991).99 Formatted: Fant mer Ret Stpketh"h J
Q '-`ermalAnates $5,00900 to $14,999.91)
C— Rawlins ifig Quetes ($eetian 4.03) 5,000.00 to $24,999.999
(seat a" 4.91 & 4.03) $29,090.00 wm,awTv..A above
Amend Section 4.01,4.02 and 4.03 of the City's existing adopted Procurement Policy w; follows:. Formatted: Normal, No bullets a numbed
A. Micro Purchases (Section 4,02) $1,00 to $10 000 00 -- Formatted: Normal, Indent: Left: a"
B. Small Purchases (Section 4.03) $10.000 01 to 250 000 o0
C. Competitive Sealed Bids/Proposals
(Section 4.04 & 4.05) S250,000.01 and above
Section 4.02 MICRO PURCHASES
Section 4.03 SMALL PURCHASES
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1. uonalmons for Use. All contracts for pummues or a single item, services or aggregate In excess of Formatted: Indene Left: 0.25", Tab stops: Not at -1"+
the established base amount for Competitive Sealed Bids/Proposals in Section 4, where price, not 0.5^
qualifiis the basis for contract award, shall be awarded by competitive sealed bidding. .]cations,he City Formatted: Fan; 11 m
4 -Formatted:
Level 1, Indent: Left: 0.5", Space After. 0 pt,
2. Invitation to Bid Under Section 255.0525(2), F.S. and Rule 73-23.00521(2)(a), F.A.C., an
to the date for receipts of bids, a vendor shall make a written request to the City for interpretations or
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invitation to bid for construction projects that are projected to cost more than $200,000.00 shall be
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published in at least one daily newspaper of general circulation in Volusia County as well as a nearby
negotiations, decisions or actions shall be initiated or executed by the proposer as a result of any
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federal Office of Management and Budget (OMB) designated metropolitan statistical area (MSA) at
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least 21 days prior to the established bid opening and at least 5 days prior to any scheduled pre-bid
the Council. Also, only communications from firms or individuals which are in writing and signed will
conference. An invitation to bid for construction projects that are projected to cost more than
be recognized by the Council as duly authorized expressions on behalf of proposers.
$500,000.00 shall be publicly advertised at least once in a newspaper of general circulation in Volusia
a) Alternate(s). Alternate bids will not be considered unless authorized by and defined in the
County at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled
Special Conditions of the bid specifications.
pre-bid conference. Additionally, Notice shall be sent to those vendors and contractors on the City's
b1 Approved Equivalents The City reserves the right to determine acceptance of item(s) as an
MBEMBE solicitation list. Alternatively, the City may substitute the above notice with any
approved equivalent. Bids which do not comply with stated requirements for equivalents in
solicitation procedure which generates at least three responsible and responsive bids or proposals which
the bid conditions are subject to rejection. The procedure for acceptance of equivalents shall
can be considered. However, if three responsible and responsive bids or proposals are not received, the
be included in the general conditions of the bid.
procurement will be invalid.
b)
An Invitation to Bid shall be issued and shall include specifications, all contractual terms and
conditions, and the place, date, and time for opening or submittal. No later than five working days prior
to the date for receipts of bids, a vendor shall make a written request to the City for interpretations or
corrections of any ambiguity, inconsistency or error which the vendor may discover. AI I interpretations
or corrections will be issued as addenda. The City will not be responsible for oral clarifications. No
negotiations, decisions or actions shall be initiated or executed by the proposer as a result of any
discussions with any City employee prior to the opening of proposals. Only those communications
which are in writing from the City may be considered as a duly authorized expression on the behalf of
the Council. Also, only communications from firms or individuals which are in writing and signed will
be recognized by the Council as duly authorized expressions on behalf of proposers.
a) Alternate(s). Alternate bids will not be considered unless authorized by and defined in the
Special Conditions of the bid specifications.
b1 Approved Equivalents The City reserves the right to determine acceptance of item(s) as an
approved equivalent. Bids which do not comply with stated requirements for equivalents in
the bid conditions are subject to rejection. The procedure for acceptance of equivalents shall
be included in the general conditions of the bid.
b)
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e43. ublic N time Public Notice shall be by publication in a newspaper of general circulation at least
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twelve (12) working days prior to bid opening or in accordance with Section 4.04-2 above as
appropriate. Notice of the Invitation to Bid shall give date, time, and place set forth for the submittal
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1 + Numbering Style: 1, 2, 3,... + Stam at: 1 + Algnmenc
of proposals and opening bids.
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at -1'
4. Bid Opening. Bids shall be opened publicly. The Purchasing Officer or his/her designee shall open
bids in the presence of one or more witnesses at the time and place designated in the Invitation to Bid.
The amount of each bid, and other such relevant information as may be deemed appropriate by the
Purchasing OtFicer together with the name of each bidder, and all witnesses shall be recorded. The
record (Bid Report) and each bid shall be open to public inspection.
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correction, except as authorized in this policy. Bids shall be evaluated based on the requirements set
forth in the Invitation to Bid, which may include, but not be limited to criteria to determine acceptability
such as; inspection, testing, quality, recycled or degradable material content, workmanship, delivery,
and suitability for a particular purpose. Those criteria that will affect the bid price and be considered
in evaluation for award shall be objectively measured, such as discounts, transportation costs, and total
or life cycle costs. No criteria may be used in bid evaluations that are not set forth in the Invitation to
Bid, in regulations, or in this policy. The City shall conduct a Price analysis comparing the prices
received in bids received in response to the Invitation to Bid BTB) to the ICE.
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-5 7.Correction or Withdrawal of Bids: Cancellation of Awards. Correction or withdrawal of
inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such
bids mistakes, shall be permitted where appropriate. Mistakes discovered before bid opening may be
modified or withdrawn by written or telegraphic notice received in the office designated in the
Invitation to Bid prior to the time set forbid opening. After bid opening, corrections in bids shall be
permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake,
of non judgmental character was made, the nature of the mistake, and the bid price actually intended.
After bid opening, no changes in the bid price or other provisions of bids prejudicial to the interest of
the City or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material
mistake of fact may be permitted to withdraw his bid if:
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4fi. Bid Agenda Item. After evaluation, the Purchasing Officer will prepare a recommendation and
shall place the item on the agenda of the City Council.
a) the mistake is clearly evident on the face of the bid document but the intended correct bid is
not similarly evident; or
b) the bidder submits evidence which clearly and convincingly demonstrates that a mistake was
made. All decisions to permit the correction or withdrawal of bids or to cancel awards or
contracts based on bid mistakes shall be supported by a written determination made by the
Purchasing Officer.
".Multi -Step Sealed Bidding. When it is considered impractical to initially prepare a purchaseFormatted: anent: tett: 0.25', Outline numbered + Level:
description to support an award based on price, an Invitation for bids may be issued requesting the 1+Numbering sMe: 1, 2, 3, ... +Start at: 1+Alignment:
submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose Left +Aligned at: 0.63" +Indent at: 0.63"
offers have been determined to be technically acceptable under the criteria set forth in the first
solicitation.
;�.-9.Award. The contract shall be awarded with reasonable promptness to the lowest responsible and
responsive bidder whose bid meets the requirements and criteria set forth in the Invitation to Bid.
a) Notice of Intended Award. The contract shall be awarded by written notice. Every
procurement of contractual services shall be evidenced by a written agreement. Notice of
intended award, including rejection of some or all of bids received, may be given by posting
the bid tabulations where the bids were opened, by telephone, by first class mail, electronically.
or by certified United States mail, return receipt requested, whichever is specified in bid
solicitation. A vendor may request, in their bid submittal, a copy of the tabulation sheet to be
mailed in a vendor provided, self-addressed envelope for their records.
b) Notice of Riaht to Protest. All notices of decision or intended decisions shall contain the
statement: "Failure to file a protest within the time prescribed in Section 4.48-09 of the CDBG
Purchasing Policy of the City of Edgewater shall constitute a waiver of Proceedings under that
section of this polity".
9,10. Cancellation of Invitations for Bids An Invitation for bids or other solicitation may be Formatted: 1Ment tart: 0.25^, Wtllne numbered+ level:
canceled, or any or all bids may be rejected in whole or in part when it is in the best interests of the t +Numbering Style: t, 2, 3, ... + Start at: 1 +Allgnment:
City, as determined by the Council provided such action does not violate CDBG program requirements. Lert+Allgned at: 0.63^+ mdentat: 0.63 -
Notice ofcancellation shall be sent to all businesses solicited. The notice shall identify the solicitation,
explain the reason for cancellation and, where appropriate, explain that an opportunity will be given to
compete on any re -solicitation or any future procurement of similar items.
411. Disqualification of Vendors For any specific bid, vendors may be disqualified by the
urchasing Officer for the following reasons:
a) Failure to perform according to bidding provisions.
b) Conviction in a court of law of any criminal offense in connection with the conduct of business.
c) Clear and convincing evidence of a violation of any federal or state anti-trust law based on the
submission of bids or proposals, or the awarding of contracts.
d) Clear and convincing evidence that the vendor has attempted to give a City employee a gratuity
of any kind for the purpose of influencing a recommendation or decision in connection with
any part of the City's purchasing activity.
e) Failure to execute a Public Entity Crimes Statement as required by Florida Statutes Chapter
287.133 (3) (a).
f) Failure to be a responsive bidder according to the bidding procedures and provisions will result
in disqualification of a bid.
All contracts for purchases of a single item or services or aggregate in excess of the established base amount
for Competitive Sealed Bids/Proposals in Section 4, where qualifications, not price, is the basis for contract
award, shall be awarded by competitive sealed proposals. All contracts for the procurement of professional
architectural, engineering, landscape architectural, and land surveying services will be awarded according
to the provisions of Section 4.051. All other contracts required to be awarded by competitive sealed
proposals will be awarded according to the provisions of Section 4.052.
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Public Announcement. It is the policy of the City to publicly announce all requirements for professional
architectural, engineering, landscape architectural, and land surveying services and to negotiate such
contracts on the basis of demonstrated competence and qualifications at fair and reasonable prices. In
the procurement of such services, the City may require firms to submit a statement of qualifications,
performance data and other related information for the performance of professional services.
a) Scope of Project Requirements Prior to submission of the request for proposals for
professional services as an agenda item for approval by the Council, the Purchasing
9ffiserreguestine deoanment shall submit to the City written project requirements indicating
the nature and scope of the professional services needed, including but not limited to the
following:
i. the general purpose of the services or study;
ii. the objectives of the study or services;
iii, estimated period of time needed for the services or the study;
iv. the estimated cost of the service or study;
V. whether the proposed study or service would or would not duplicate any prior or
existing study or services;
vi. list of current contracts or prior services or studies which are related to the proposed
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study or service;
vii. the described qualifications, listed in order of importance, of the person or firm
applicable to the scope and nature of the services requested.
b) Distribution of Proiect Requirements. The Purchasing Officer shall distribute the written
project requirements as approved by the City Council to all persons on the mailing list who
have indicated an interest in being considered for the performance of such professional services
and to any additional persons as the Purchasing Officer or using agency deems desirable. The
written project requirements shall include a statement of the relative importance of each of the
requirements. The project requirements shall be accompanied by an Invitation to such persons
to submit an indication of interest in performing the required services, and by notification of
the date and time when such indications of interest are due. This date shall not be less than
twelve calendar days from the date of public notice when the Purchasing Officer shall publish
in at least one daily newspaper of general circulation in the County where the project is located
and in a nearby federal Office of Management and Budget (OMB) designated metropolitan
statistical area (MSA). Alternatively, the City may substitute the above notice with any
solicitation procedure which generates at least three responsible and responsive bids or
proposals which can be considered. However, if three responsible and responsive bids or
proposals are not received, the procurement will be invalid.
c) Modification Prohibition. After the publicized submission time and date, indications of interest
shall not be modified or allowed to be modified in any manner except for correction of clerical
errors or other similar minor irregularities as may be allowed by the Selnugea
GonmniEvaluation Committee (defined in Section 4.454 i9M prior to making its selection
of those best qualified to be formally interviewed.
d) Reuse of Existing Plans. There shall be no public notice requirements or utilization of the
selection process as provided in this section for projects in which the City is able to reuse
existing plans from a prior project. However, public notice of any plans which are intended to
be reused at some future time shall contain a statement which provides that the plans are subject
to reuse.
2. SeleetierrEvaluation Committee Membership and Evaluation. Depending on the expected
complexity and expense of the professional services to be contracted, the City may determine whether
a three member or five -member Win --Evaluation Committee will best serve the needs
of the Council.
a) Three Member Committee Composition. Membership of a three-member selection
committee shall be appointed by the City Council.
b) Five Member Committee Composition. Membership of a five -member selection committee
shall be appointed by the City Council.
b)
Seleeiie Evaluation Committee Evaluation. Only written responses of statements of qualifications,
perf rm ance data, and other data received in the purchasing office by the publicized submission time
and date shall be evaluated. Only those respondents who are determined to be best qualified based
upon the evaluation of written responses and selected for Formal interview may submit additional data.
From among those persons evidencing, by timely submission of written responses, an interest in
performing the services the Seleetion Evaluation Committee shall:
a) prepare an alphabetical list of those persons determined by the 9 4 caber Evaluation
Committee to be qualified, interested and available; and
b) designate no less than three persons on the alphabetical list considered by the Selee{ion
Evaluation Committee to be best qualified to perform the work required.
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4. Shortlisting. The best qualified respondents shall be based upon the`-'�mEvaluation Committee's
ability to differentiate qualifications applicable to the scope and nature of the services to be performed.
The Selestier�Evalua6on Committee shall determine qualifications, interest and availability by Formatted: rodent: Left: 0.25^
reviewing the written responses that express an interest in performing the services, and by conducting
formal interviews of no less than three selected respondents that are determined to be best qualified
based upon the evaluation of written responses. The determination may be based upon, but not limited
to, the following considerations:
a) competence, including technical educational and training, experience in the kind of project to
be undertaken, availability of adequate personnel, equipment and facilities, the extent of repeat
business of the persons, and where applicable, the relationship of construction costs estimates
by the person to actual cost on previous projects;
b) current work load;
c) financial responsibilities;
d) ability to observe and advise whether plans and specifications are being compiled with, where
applicable;
e) record of professional accomplishments;
t) proximity to the project involved, if applicable;
g) record of performance; and
h) ability to design an approach and work plan to meet the project requirements, where applicable.
Interview and Council Approval After conducting the formal interviews, the v-'��Evaluation
Committee shall list those respondents interviewed in order of preference based upon the considerations
listed in subsection (4) above. The respondents so listed shall be considered to be the most qualified
and shall be listed in order of preference starting at the top of the list.
The list of best qualified persons shall be forwarded to the Council for approval prior to beginning-- Formatted: agent: Left: 0.25^
contract negotiations. Negotiation sequence shall be based on the order of preference.
6. Negotiation Staff. Contract negotiations shall be conducted by the Purchasing Officer unless the Citv
Council Rreside"irects that negotiations be conducted by a Negotiation Committee.
Negotiation. The Purchasing Officer or the Negotiation Committee shall negotiate a contract with th Formatted: trident: Cert: 0.25^
firm considered to be the most qualified to provide the services at compensation and upon terms which
the Purchasing Officer or the Negotiation Committee determines to be fair and reasonable to the City.
In making this decision, the Purchasing Officer or the Negotiation Committee shall take into account
the estimated value, the scope, the complexity, and the professional nature of the services to be
rendered. As a part of the negotiation, the Purchasing Officer or the Negotiation Committee shall
conduct a cost analysis, including evaluation of profit, based on a cost breakout by the firm of its
proposed price. The cost analysis shall compare the costs negoliatcd with the most qualified vendor Formatted: Font. tt of
the Negotiations Committee be unable to negotiate a satisfactory contract with the firm considered to
be the most qualified, negotiations with that firm will be formally terminated. The Purchasing Officer
or the Negotiation Committee shall then undertake negotiations with the second most qualified firm.
Failing accord with the second most qualified firm, the Purchasing Officer or the Negotiation
Committee shall formally terminate negotiations, and then shall undertake negotiations with the third
most qualified firm. Should the Purchasing Officer or the Negotiation Committee be unable to
negotiate a satisfactory contract with any of the selected firms, the Seleetieo-Evalulation Committee
shall select additional firms in order of their competence and qualifications, and the Purchasing Officer
or Negotiation Committee shall continue negotiations in accordance with this section until an
agreement is reached or until a determination has been made not to contract for services.
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Section 4 052 Other Co op etitke Scaled Proposals (non -287.055 services) i'ormattea Faa 11 pt
1. Conditions for Use. All contracts required by Section 4.05 to be awarded by competitive sealed
proposals that are not for the procurement of professional architectural, engineering, landscape
architectural, and land surveying services, will be awarded according to the provisions of this section.
2. Consultant's Competitive Negotiation Act Professional services within the scope of the practice of
architecture, professional engineering, landscape architecture, or registered land surveying, as defined
under the Consultant's Competitive Negotiation Act (Section 287.055, Florida Statutes), shall be
secured under the provisions of Section 4.051.
3. Council Approval. Proposals anticipated to exceed the threshold established in Section 4 for
Competitive Sealed Proposals shall be approved by the City of Edgewater prior to solicitation.
4. Public Notice. Adequate public notice of the Request for Proposal shall be given in the same manner
as provided in subsection 4.04-3 of this policy for competitive sealed bidding. Notice shall also be sent
to those vendors and contractors on the City's MBFIWBE solicitation list.
5. Evaluation Factors. The Request for Proposals shall state the relative importance of criteria outlined
in the scope of services, fee proposal, and other evaluation.
6. Proposal Cancellation or Postponement. The Purchasing Officer may, prior to a proposal opening,
elect to cancel or postpone the date and/or time for proposal opening or submission.
7. Revisions and Discussions with Responsible Offerors. As provided in the Request for Proposals, and
�\ under regulations promulgated by the City Council of the City of Edgewater, discussions may be
conducted with responsible offerors who submit proposals determined to be qualified of being selected
for award for the purpose of clarification to assure full understanding of, and responsiveness to, the
solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any
opportunity for discussion and revision of proposals, and such revisions may be permitted after
submission and prior to award for the purpose of obtaining the best and final offers. In conducting
discussions, there shall be no disclosure of any information derived from proposals submitted by
competing offerors. The Purchasing Officer shall prepare a written summary of the proposals and make
written recommendation of award to the City Council. As a pan of the recommendation, the Purchasing
Officer shall conduct a lest price analvsis. including evaluation of profit, based on a cost breakout by Formatted: rent cdw:
the firm of its proposed price. The price analysis shall compare the prices received in proposals, for porma r
8. Award. Award shall be made by the City Council to the lowest responsive and responsible offer or
whose proposal is determined in writing to be the most advantageous to the City of Edgewater, taking
into consideration the evaluation factors set forth in the Request for Proposals. No other factors or
criteria shall be used in the evaluation criteria that is -arc not included in the Request for Proposal.
gection 4.06 Sole Source Purchases _ parmatted: tont: 11 of
Sole Source Certification The procurement for all professional services and any contract resulting from a
non-competitive procurement process must meet the requirements of 2 CFR Part 200.320 and Section
287.055 of the Florida Statutes. The City's Purchasing Officer must conduct a cost or price analysis of all
proposed prices on sole source purchases, analysis shall include a review of profit as a separate element.
Sole source purchases over $25,000 must be approved by DEO in writing.
Section 4.07 Cooperative PurchasingFormatted: Font 11 pt
1. State Contracts. The Purchasing Officer is authorized to purchase goods or services for any dollar
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amount from authorized vendors listed on the respective state contracts of the Department of General
Services, subject otherwise to the requirements of this policy.
2. Other Governmental Units. The Purchasing Officer shall have the authority to join other wits of
government in cooperative purchasing ventures when the best interest of the City would be served
thereby, and the same is in accordance with this policy and with the City and State Law.
Formatted: Fwt: 11 pt
I. Right to Protest. Any actual prospective bidder, offeror, or contractor who is aggrieved in connection
with the solicitation or award of contract may protest to the City Council. Protestors shall seek
resolution of their complaints initially with the Purchasing Officer and secondly with the City Clerk
prior to protesting to the City Council.
2. Filing a Protest. Any persons who is affected adversely by the decision or intended decision of the
City shall file with the Purchasing Officer a notice of protest in writing within 72 hours after the posting
of bid tabulation or after receipt of the notice of intended decision; and file a formal written protest
within 10 calendar days after he/she filed the notice of protest. Failure to file a notice of protest or
failure to file a formal written protest shall constitute a waiver of proceedings under this Section. A
written protest is filed with the City when it is delivered to and received in the office of the Purchasing
Officer.
a) The notice of protest shall contain at a minimum: the name of the bidder; the bidders address
and phone number; the name of the bidder's representative to whom notices may be sent; the
time and bid number of the solicitation; and a brief factual summary of the basis of the protest.
b) The formal written protest shall; identify the protestant and the solicitation involved; include a
plain, clear, statement of the grounds on which the protest is based; refer to the statutes, laws,
ordinances, or other legal authorities which the protestant deems applicable to such grounds;
and specifically request the relief to which the protestant deems himself entitled by application
of such authorities to such grounds.
c) The protestant shall mail a copy of the notice of protest and the formal written protest to any
person with whom he/she is in dispute.
3. Settlement and Resolution. The Purchasing Officer shall; within 14 days of the formal written protest,
attempt to resolve the protest prior to any proceedings arising from the position. Provided, however, if
such settlement will have the effect of determining a substantial interest of mother party or business,
such settlement must be reached in the course of the proceedings provided herein.
4. Protest Proceedings. If the protest cannot be resolved by mutual agreement, the Purchasing Officer
shall conduct or designate mother to conduct a protest proceeding pursuant to the following procedures:
a) Protest Proceeding Procedures.
i. The presiding officer shall give reasonable notice to all substantially affected persons
or businesses. Otherwise petitions to intervene will be considered on their merits as
received.
ii. At or prior to the protest proceeding, the protestant may submit any written or physical
materials, objects, statements, or affidavits, and arguments which he/she deems
relevant to the issues raised.
iii. In the proceeding, the protestant, or his/her representative or counsel, may also make
an oral presentation of his evidence and arguments. However, neither direct nor cross
examination of witnesses shall be permitted, although the presiding officer may make
whatever inquiries he/she deems pertinent to a determination of the protest.
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iv. Thejudicial rules of evidence shall not apply and the presidingofficer shall base his/her
decision on such information given in the course of the proceeding upon which
reasonable prudent persons rely in the conduct of their affairs.
V. Within seven (7) working days of the conclusion of the proceeding, the presiding
officer shall render a decision which sets forth the terms and conditions of any
settlement reached. Such decision of the presiding officer shall be conclusive as to the
recommendation to the City Council.
vi. Any party may arrange for the proceedings to be stenographically recorded and shall
bear the expense of such recording.
b) Intervenor. The participation of intervenors shall be governed by the terms of the
c) Time Limits. The time limits in which protests must be filed as provided herein may be altered
by specific provisions in invitation for bids or request for proposal.
d) Entitlement to Costs. In no case will the protesting bidder or offeror be entitled to any costs
incurred with the solicitation, including bid preparation costs and attorney's fees.
5. Stay of Procurement During Protests. In the event of a timely protest under Subsection A of this
Section, the Purchasing Officer shall not proceed further with the solicitation or award of the contract
until all administrative remedies have been exhausted or unless the City Council makes a determination
that the award of a contract without delay is necessary to protect the substantial interest of the City.
is authorized to settle any protest regarding the solicitation or award of a City contract, or any claim
arising out of the performance of a City contract, prior to an appeal to the City Council or the
commencement of an action in a court of competentjurisdiction, but may not settle any such protestor
claim for consideration of $1,000.00 or greater in value without prior approval of the City Council.
2. Decision of the Purchasing Officer. All claims by a contractor against the City relating to a contract,
except bid protests, shall be submitted in writing to the Purchasing Officer for a decision. The
contractor may request a conference with the Purchasing Officer on the claim. Claims include, without
limitation, disputes arising under a contract, and those based upon breach of contract, mistake,
misrepresentation, or other cause for contract modification or rescission.
3. Notice to the Contractor of the Purchasine Officer's Decision. The decision of the Purchasing Officer
shalI be promptly issued in writing, and shall be immediately mailed or otherwise furnished to the
contractor. The decision shall state the reasons for the decision reached, and shall inform the contractor
of his appeal rights.
4. Finality of the Purchasing Officer Decision: Contractor's Right to Appeal. The Purchasing Officer's
decision shall be final and conclusive unless, within 10 calendar days from the date of receipt of the
decision, the contractor files a notice of appeal with the City Council.
5. Failure to Render Timely Decision. If the Purchasing Officer does not issue a written decision
regarding any contract controversy within fourteen calendar days after receipt of a written request for
a final decision, or within such longer period as may be agreed upon between the parties, then the
aggrieved party may proceed as if an adverse decision had been issued.
1. Prior to Bid Opening or Closing Date for Receipt of Proposals. If prior to the bid opening or the
closing date for receipt of proposals, the Purchasing Officer after consultation with the City Attorney,
determines that solicitation is in violation of federal, state, or local law or ordinance, then the solicitation
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shall be canceled or revised to comply with applicable law.
2. Prior to Award. If after bid opening or the closing date for receipt of proposals, but prior to the award
contract, the Purchasing Officer after consultation with the City Attorney, determines that a solicitation
or a proposed award of a contract is in violation of federal, state, or municipal law or ordinance, then
the solicitation or proposed award shall be canceled.
3. After Award If, after award, the Purchasing Officer after consultation with the City Attorney,
determine that a solicitation or award of a contract was in violation of applicable law or ordinance,
then;
a) if the person awarded the contract has not acted fraudulently or in bad faith:
i. the contract may be terminated and the person awarded the contract shall be compensated
for actual costs reasonably incurred under the contract plus a reasonable profit, but
excluding attorney's fees, prior to termination; or
b) if the person awarded the contract has acted fraudulently or in bad faith the contract may be
declared null and void or voidable, if such action is in the best interest of the City.
5 CONTRACT ADMINISTRATION _
I. Standard Contract Clauses and Their Modification The City after consultation with the City Attorney,
may establish standard contract clauses for use in City contracts. However, the Purchasing Officer
may, upon consultation with the City Attorney, vary any such standard contract clauses for any
particular contract.
2. Contract Clauses All City contracts for supplies, services, and construction shall include provisions
necessary to define the responsibilities and rights of the parties to the contract. The Purchasing Officer
after consultation with the City Attorney, may propose provisions appropriate for supply, service, or
construction contracts, addressing among others the following subjects:
a) the unilateral right of the City to order, in writing, changes in the work within the scope of the
contract;
b) the unilateral right of the City to order in writing temporary stopping of the work or delaying
performance that does not alter the scope of the contract;
c) variations occurring between estimated quantities or work in contract and actual quantities;
d) defective pricing;
e) time of performance and liquidated damages;
f) specified excuses for delay or nonperformance;
g) termination of the contract for default;
h) termination of the contract in whole or in pan for the convenience of the City;
i) suspension of work on a concoction project ordered by the City;
j) site conditions differing from those indicated in the contract, or ordinarily encountered, except
that a differing site conditions clause need not be included in a contract
k) when the contract is negotiated;
1) when the contractor provides the site or design; or
m) when the parties have otherwise agreed with respect to the risk of differing site conditions;
n) value engineering proposals;
o) remedies;
p) access to records/retention records;
q) environmental compliance; and
r) prohibition against contingency fees;
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s) insurance to be provided by contractor covering employee property damage, liability and other
claims, with requirements of certificates of insurance and cancellation clauses;
t) bonding requirements as set by the City Council;
u) causes of and authorization for suspension of contract for improper contractor activity.
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contractors confirming that thev are in fact utilizing the H -Verify system and are in compliance with the
Statute.
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required documentation from the sub -contractors. Alternatively, the City may obtain the documentation
directly from SAM.GOV. The Citv shall not contract with vendors that are not registered with SAM.GOV
shall be maintained in the CDBG Procurement files.
Section 5.2 Price Adjustments
1. Method of Price Adjustment. Adjustments in price during the term of a contract shall be computed in
one or more of the following ways upon approval by the City:
a) by agreement on a fixed price adjustment before adjustment before commencement of the
pertinent performance or as soon thereafter as practicable;
b) by unit prices specified in the correct or subsequently agreed upon;
c) by costs attributable to the events or situations under such clauses with adjustment of profit or
fee, all as specified in the contract or subsequently agreed upon by the City;
d) in such other manner as the contracting parties may mutually agree; or
e) in the absence of agreement by the parties, by a unilateral determination by the City of the costs
attributable to the events or situations under such clauses with adjustment of profit or fee as
computed by the City, subject to the provisions of this Section.
2. Costs or Pricing Data Required. A contractor shall be required to submit cost or pricing data if any
adjustment in contract price is subject to the provisions of this Section.
Change orders and contract amendments, which provide for the alteration o1 the provisions of a contract,
may be approved by an appropriate person based upon the dollar value of the change or amendment. The
purchasing categories thresholds designated in Section 4.01 shall govern the appropriate level of approval.
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Section 5 4 Assignments of Contracts F Ked• F t• 11 pt
No agreement made pursuant to any section of this policy shall be assigned or sublet as a whole or in part
without the written consent of the City nor shall the contractor assign any monies due or to become due to
the contractor hereunder without the previous written consent of the City.
,Section 5.5 Right to InM2&t Plant F tted• Font• 11 pt
The City may, as its discretion, inspect the part of the plant or place of business of a contractor or any
subcontractor which is related to the performances of any contract awarded, or to be awarded, by the City.
The right expressed herein shall be included in all contracts or subcontracts that involve the performance
of any work or service involving the City.
. All determinations and other written records pertaining to the solicitation, award, or
of a contract shall be maintained for the City in a contract file.
2. Retention of procurement Records. All procurement records shall be retained and disposed of by the
City in accordance with records retention guidelines and schedules established by the State of Florida
and Federal Guidelines. For CDBG related activities that retention period is six years.
,Section 7 SPECIFICATIONS Formatted: Font: u d
Section 7.1 Maximum Practicable Competition
All specifications shall be drafted to promote overall economy and encourage competition in satisfying the
City needs and shall not be unduly restrictive. The policy applies to all specifications including, but mot
limited to, those prepared for the City by architects, engineers, designers, and draftsmen. eOMN
Section 7,2 Use of Brand Name or Eou'valent Specifications Formatted: Font: I pt
1. Use. Brand name or equivalent specifications maybe used when the City determines that:
a) no other design, performance, or qualified product list is available;
b) time does not permit the preparation of another form of purchase description, not including a
brand name specification;
c) the nature of the product or the nature of the City requirements makes use of a brand name
equivalent specifications suitable for the procurement; or
d) use of brand name or equivalent specification is in the City's best interest.
2. Designation of Several Brand Names. Brand names or equivalent specifications shall seekto designate
three, or m many different brands as are practicable, as "or equivalent" references and shall further
state the substantially equivalent products to those designated may be considered for award.
3. Required Characteristics. The brand time or equivalent specifications shall include a description of
the particular design, functional, or performance characteristics required.
4. Nonrestrictive Use of Brand Name or Equivalent Specifications Where a brand name or equivalent
specification is used in a solicitation, the solicitation shall contain explanatory language that the use of
a brand name is for the purpose of describing the standard of quality, performance, and characteristics
desired and is not intended to limit or restrict competition.
5. Determination of Equivalents. Any prospective bidder may apply, in writing, for a pre-bid
Ter of equivalence by the Purchasing Director. If sufficient information is provided by the
prospective bidder, the purchasing Director may determine, in writing and prior to the bid opening
time, that the proposed product would be equivalent to the brand time used in the solicitation.
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6. Specifications of Equivalents Reauired for Bid Submittal. Vendors proposing equivalent products
must include in their bid submittal the manufacturer's specifications for those products. Brand names
and model numbers are used for identification and reference purposes only.
ecti n_73 Brand Name Specifications Formatted: Font: 11 a
1. Use of Brand Name Specifications. Since theme of a brand name specification is restrictive of product
competition, it may be used only when the Purchasing Director makes a determination that only the
identified brand name item will satisfy the City needs.
2. Competition. The Purchasing Director shall seek to identify sources from which the designated brand
name item or items can be obtained and shall solicit such sources to achieve whatever degree of price
competition is practicable. If only one source can supply the requirement, the procurement shall be
made under Section 4. 10, Sole Source Purchases.
To the extent that violations of the ethical standards of conduct set forth in this section constitute violations
of the State Criminal Code they shall be punishable as provided therein. Such penalties shall in addition to
civil sanctions set forth in this pan.
Section 8.2 Employee Conflict of Interest Formatted: FaM: tt pt
1. Participation. It shall be unethical for any City employee, officer, or agent to participate directly or
indirectly in a procurement or administration of a contract. A conflict of interest would arise when:
,11 a) the City employee, officer or agent;
b) any member of his immediate family;
c) his or her partner; or
d) an organization which employs, or is about or employ, any of the above, has a financial or other
interest in the firth selected for award. The officer's employees or agents will neither solicit
nor accept gratuities, favors or anything of monetary value from contractors, or parties to sub -
agreements.
Section 8.3 Contemporaneous Employment Prohibited
It shall be unethical for any City employee who is participating directly or indirectly in the procurement
process to become or to be, while such a City employee, the employee of any person contracting with the
City of Edgewater.
Section 8.4 Use of Confidential Information Formatted: Font: 11 a
It shall be unethical for any employee knowingly to use confidential information for actual or anticipated
personal gain, or for the actual or anticipated personal gain of other persons.
Uratmnes. It snap be unethical for any person to otter, give, or agree to give any qty employee,
officer, or agent to solicit, demand, accept, or agree to accept from another person, a gratuity or an
offer of employment in connection with the decision, approval, disapproval, recommendation, or
preparation of any part of a program requirement or a purchase request, influencing the content of any
specification or procurement standard rendering of advise, investigation, auditing, or performing in
any other advisory capacity in any proceeding or application, request for ruling, determination, claim
or controversy, or other particular matter, subcontract, or to any solicitation or proposal theretofore.
2. Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or
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behalf a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person
associated therewith, as an inducement for the award of a subcontract or order.
3. Contract Clause. The prohibition against gratuities and kickbacks prescribed in this section shall
conspicuously set forth in every contract and solicitation therefore.
Section 8.6 Sanctions iJ Formatted: Front: It pt
1. Emolovee Sanctions. Upon violation of the ethical standards by an employee, officer or agent of the
City, or other appropriate authority may:
a) impose one or more appropriate disciplinary actions as defined in the City Personnel Rules and
regulations, up to and including termination of employment; and;
b) may request investigations and prosecution
2. Non-employee Sanctions The Council may impose any one or more of the following sanctions on a
non-employee for violation of the ethical standards:
a) written warnings;
b) termination of contracts; or
c) debarment or suspension as provided in Section I I-8.
yenerar rroytslons. Ine value or anything being transterre(l or received In breach of the ethical
standards of this policy by a City employee or non-employee may be recovered from both the City
employee and non-employee.
2. Recovery of Kickbacks by the City of Edgewater. Upon a showing that a subcontractor made a
kickback to prime contractor or a higher tier subcontractor in connection with the award of a subcontract
or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price
of the subcontract or order and ultimately home by the City and wil I be recoverable hereunder from the
recipient. In addition, that amount may also be recovered from the subcontractor making such a
kickback. Recovery from one offending parry shall not preclude recovery from other offending parties.
If a contract involving research and development, experimental, or demonstration work is being funded in
whole or in part by assistance from a federal agency, then the contract shall include the following
provisions:
1. Notice to Contractor. The contract shall give notice to the contractor of the applicable grantor agency
requirements and regulations conceming reporting of, and rights to, any discovery or inventions arising
out of the contract.
2. Notice by Contractor. The contract shall require the contractor to include a similar provision in all
subcontracts involving research and development, experimental, or demonstration work.
Section 9.2 Notice of Federal Public Policy Reguirements
1. Anolicability. If the contract is being funded in whole or in pan by assistance from any federal agency,
the contract is subject to one or more federal public policy requirements such as:
a) equal employment opportunity;
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b) Copeland "anti -kickback" Act;
c) Davis Bacon Act;
d) Contract Work Hours and Safety Act,
Americans with Disabilities Act; pA
any contract.
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2. Notice. The Purchasing Director shall include in the contract all appropriate provisions giving the
contractor notice of these requirements. Where applicable, the Purchasing Director shall include in the
contract provisions the requirement that the contractor give similar notice to all of its subcontractors.
3. All federally funded contracts shall include the orovisions outlined in 2 CFR 200.237 and Appendix II Formatted: Fant: 11 pt
to Part 2 CFR 200.
2- _ Formatted: Font: 12 pt
All payment to v
Florida Statutes.
1. Pumme and Scope. The purpose of the Minority Business Enterprise Program is to enhance the
participation of qualified minority and women -owned businesses in providing goods and services and
AO\ construction contracts required by the City Council. This program describes procedures to accomplish
this purpose and to monitor and evaluate progress. All Department and Divisions under thejurisdiction
of the City Council are responsible for implementing this program.
2. Policy Statement.
a) It is the policy goal of the City that two percent (2%) of the Council approved procurement as
contained with both operating and capital improvement budgets (exclusive of in-house services
and construction) shall be identified and let through the competitive bid process to minority
and women businesses and persons. The program is based on an in-depth evaluation of all
actual as well as projected procurement (Capital Improvement Projects, equipment,
commodities and services) and on the market place. Procurement identified to establish a base
for this program areis not limited to those items only. This evaluation is the main factor in
building a realistic program with attainable targets.
b) All departments and divisions under the jurisdiction of the City Council are responsible for
implementing this program and for making every reasonable effort to utilize MBEs and W BE's
when opportunities are available. The Purchasing Officer will take the lead role in this process
by taking active steps to encourage minority or women owned businesses.
c) Regarding the implementation of this policy, it is the Council's intent to foster economic
development in the City's area by establishing its MBE goals based on availability of minority
and women -owned businesses located within the City. This is no way intended to limit or
restrict competition. Rather, availability of area companies will be used to guide MBE goals.
Such geographical preferences may be adjusted, amended or repealed by the City Council, with
or without a public hearing, As deemed necessary.
3. Definition. Minority Business Enterprise (MBE) mused herein, means a business that is owned and
controlled at least 51%by one or more minority persons (MBE) or by one or more women (WBE) and
whose management and daily operations are controlled by one or more such persons.
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4. Administrative Responsibilities, The Purchasing Officer is responsible for the coordination of the
Minority Business Enterprise Program and registration.
a) Capital Improvement Projects
i. REVIEW
The Purchasing Officer and an appropriate department representative shall review each
proposed project or bid to determine potential for utilization of MBE/WBEs and report their
finds to the City Council. This review is based on known availability of capable MBE/WBEs
in the area in relation to the scope of the bid package and considers how a project might be
broken down into sub -bids.
ii. PRE-BID ACTIVITY
1) Language regarding the Minority Business Enterprise Program will be inserted into bid
specifications to assure that prospective bidders are aware of a requirement to make good
faith efforts to utilize MBE/WBEs.
2) Registered MBE/WBEs, the Minority Contractors Association and other organizations for
minority and women owned businesses will be notified in writing regarding pre-bid
conferences where information on project scope and specifications will be presented, along
with other types of technical assistance.
3) Upon request available plans and specification will be provided to MBE/WBE associations
along with any special instructions on how to pursue bids.
4) Majority (prime) contractors on a bid list will be sent a letter outlining the Minority
Business Enterprise Program procedures, the supportive documentation required for
submittal with their bid, and a list of MBE/WBE contractors on the bid list.
5) Prior to award the Prime Contractor must provide documentation on attempts to solicit
participation from MBE/WBE firms.
6) The Prime Contractor attempts to utilize MBE/WBE firms during the project must be
documented as part of the Prime's contract award responsibilities under this program.
Documentation to include but not limited to requests for bids, bids received and
justification for not utilizing MBE/WBE firms when bid amounts received are comparable.
Failure to keep these commitments will be deemed noncompliance with the contract and
may result in a breach of contract.
b) Contractor Responsibilities
i. Contractors must indicate all MBE/WBEs, contacted for quotes regarding a particular scope of
work and submit a completed "Intent to Perform" sheet containing information and
documentation obtained from each MBE/WBEs.
ii. A contractor who determines that a MBEJWBEs, names in the bid submittal, is unavailable or
cannot perform will request approval from the Purchasing Officer to name an acceptable
alternate. Such requests will be approved when adequate documentation of cause for the
change is presented by the contractor.
iii. A contractor's MBE/WBE plan will utilize MBE/WBEs to perform commercially useful
functions in the work bid. A MBE/WBE is performing a commercially useful function when
it is responsible for the management and performance of a distinct element of the total work.
iv. Contractors are required to make good faith efforts to obtain MBE/WBE participation when so
stipulated by bid specifications and/or contracts. If these efforts are unsuccessful, the
contractor will submit a non-availability or refusal to participate and will request waiver of
MBE/WBE participation.
V. The contractor who is the successful bidder will attend pre -construction conferences with
appropriate City representatives to review the project scope and the MBE/WBE utilization
plan.
vi. The contractor who is the successful bidder must request a change order for any modification
to the MBE/WBE plan. Change orders require Council approval and are contingent on
17
contractor documentation of MBE/WBE involvement in the change requested and
documentation of cause for these changes.
5. Joint Venture Responsibilities
Definition of Joint Venture - A business arrangement in which two or more parties agree to pool their
resources for the purpose of accomplishing a specific task. All parties agree to share in the profit and
losses of the enterprise.
a) Alljoint ventures between minority and non -minority contractors must meet the"joint venture"
definition included in the policy.
b) The use by MBE/WBEs or prime contractors of"minority fronts" or other fraudulent practices
which subvert the true meaning and spirit of the Minority Business Enterprise Program will not
be tolerated and may result in termination of participation.
c) A joint venture consisting of minority and non -minority business enterprise will be credited
with MBEfWBE participation on the basis of the percentages of the dollar amount of the work
to be performed by the MBE/WBEs.
d) may be assessed against the general contractor and/or the MBE/WBE specifications in the
contract(s). Such liquidated damage provisions shall be in a form approved by the Council.
6. Fulfilling MBE/WBE Particioation Requirements
For the purpose of this policy, a general contractor may utilize the services of a MBE/WBE
subcontractor, manufacturer, and/or supplier in estimating and satisfying the scope of work, provided
that written contract/agreement is executed between the general contractor and the subcontractor,
manufacturer, and/or the supplier.
Aw"441
7. Payment
a) Payment will be expedited by the City Council within thirty (30) days upon completion and
acceptance of the project. Special consideration may be given to hardship cases upon
notification by MBEs/WBEs.
b) The City will provide work progress payments to all business at the completion and subsequent
acceptance by Council representatives within various stages of a particular project.
Bid List.
A bid list for the purpose of bid solicitations shall be maintained by the City. The list shall consist of
firms that apply.
a) The Council may remove firms from the bid list for the following reasons:
b) failure to perform according to contract provisions;
c) conviction in a court of law of any criminal offense in connection with the conduct of business.
d) clear and convincing evidence of a violation of any federal or state anti-trust law based on the
submission of bids or proposals or the awarding of contracts.
e) clear and convincing evidence that a vendor has attempted to give a Council employee, officer
or agent a gratuity of any kind for the purpose of influencing recommendation or decision in
connection with any part of the City Council purchasing activity;
f) violation of circumvention of the Minority Business Enterprise Program; or
g) other reasons deemed appropriate by the City Council
hL_This policy is consistent with the City's Purchasing Policy. Wherever conflicts may
exist, the provision in this Purchasing Policy will prevail.
9. Reporting,
The Purchasing Officer or appropriate person will report, at least annually, to the Council on the Status of
the Minority Business Enterprise Program. Records will be maintained reflecting participation of local
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minority and women owned businesses and shall be reported.
1`4 Formatted: Font: 11 I#
Section 14 Severability Clause.
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mh separate provision of this program is deemed independent of all other provisions herein so that if any �� Formatted: Font ll pq UMenine
or provisions be declared invalid, all other provisions hereof shall remain valid and full force and effect.
f�1
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