02-11-2014 - Special AMENDED AGENDA
CITY OF EDGEWATER
CITY COUNCIL
SPECIAL MEETING
FEBRUARY 11, 2014
2:00 P.M.
COUNCIL CHAMBERS
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. PUBLIC HEARINGS/RESOLUTIONS
a) Award bid for Capital Improvement Loan
b) ReseltAien NE)-2014 R 03. Amending the Ptifehasing Peh-e�.
c) Approval of Settlement with Stephen D. Hastings.
3. ADJOURN
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a
meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is
made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should
contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the
meeting date. Ifyou are hearing or voice impaired,contact the relay operator at 1-800-955-8771.
Amended 02/11/2014
AGENDA REQUEST
Date: February 9, 2014
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS February 11, 2014
ITEM DESCRIPTION:
Capital Improvement Revenue Note Series 2014— Bank Selection
BACKGROUND:
The City issued a Request for Proposal (RFP 14-FN-010) to identify an institution that could provide the City of Edgewater,
Florida (the"City")with a fixed rate Bank Qualified bank loan (the"Loan"), in an amount not to exceed $1,300,000. This debt
issuance will finance capital improvements and various major capital outlays. The capital improvements would be for the
expansion of the YMCA at 148 W. Turgot Ave. The capital outlay would be for the acquisition of a replacement Vac Con
Truck, Fire Engine and expanded web portal and IVR interface for our Utilities, Permits and Citations. The Series 2014 will be
secured by a covenant to budget and appropriate from Non-Ad valorem revenues.
STAFF RECOMMENDATION:
Staff recommends the approval of the bank qualified loan from Branch Banking and Trust Company"BB&T"for the finance of
the Capital Improvement Revenue Note Series 2014.
ACTION REQUESTED:
Motion to approve Branch Banking and Trust Company"BB&T" for the Capital Improvement Revenue Note Series 2014
and authorize our Attorney to prepare all necessary loan documents for the Capital Improvement Revenue Note Series
2014 for approval at the March 3, 2014 Council meeting.
FINANCIAL IMPACT: Not to exceed $1,300,000
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES_x_ NO
PREVIOUS AGENDA ITEM: YES NO
If so, DATE: N/A AGENDA ITEM # N/A
Respectfully s;mitted, Concurrence:
Lir-
J•irMcKinney Robin L. Matusick
Fi'ance Director Paralegal
Tracey . Barlow
City anager
FirstSouthwest Memorandum
A PlainsCapital Company
450 South Orange Ave,
Suite 460 Mark P.Galvin
Orlando,FL 32801 Senior Vice President
407.426.9611 Direct mark.galvin«firstsw.com
407.426.7835 Fax
Date: February 10, 2014
To: John McKinney, Finance Director
Subject: City of Edgewater, FL
Capital Improvement Revenue Note, Series 2014—Bank Loan RFP
FirstSouthwest, in our role as Financial Advisor, assisted the City of Edgewater (the "City"), Florida in
issuing a Request for Proposals ("RFP") for a bank loan in an amount not to exceed $1,300,000. The
City, under purchasing guidelines, posted the RFP on its web site, advertised the RFP, and made it
available to bidders on www.demandstar.com on January 23, 2014. The purpose of the RFP is to provide
"Bank Qualified" financing to finance the City's expansion of(1) the YMCA located at 148 W. Turgot
Avenue; (2) the acquisition of a replacement Vac Con Truck and Fire Engine; and (3) expanded web
portal and Interactive Voice Response(IVR)interface for Utility permits and citations.
The objective of the RFP was to obtain financing at the lowest cost while providing maximum flexibility
to the City. The RFP asked for proposals that would provide the City with a 10 year bank loan with the
option to prepay the loan at anytime with or without a prepayment penalty.
On February 6, 2104 the City received a total of six (6) responses by the stated 2:00 pm deadline.
Proposals were received from the six (6) entities listed below and summarized in the attached table:
a BB&T
• Hancock Bank
a Pinnacle Public Finance
• TD Bank
a U.S. Bancorp
® Wells Fargo Bank
This communication is for information only,not an offer,solicitation or recommendation,nor an official confirmation of any financial transaction.It is not to be
considered research.The information is considered to be reliable,but First Southwest Company does not warrant its completeness or accuracy,prices and availability
are subject to change without notice.We may trade,have long or short positions,or act as a market maker in any financial instrument discussed herein.Clients should
consult their own advisors regarding ally accounting,legal or tax aspects.Investors are instructed to read the entire Official Statement to obtain information essential
to the making of an informed investment decision.
1
Recommendation
After reviewing all of the RFP responses and discussing these proposals with City Staff, it is
FirstSouthwest's opinion that the BB&T proposal meets the objectives of this RFP including low cost of
capital and maximum flexibility. Highlights include:
(1) Provided a low locked in 2.41% interest rate. Their rate is locked in for 45 days, and not an
indication rate that is subject to change eliminating the interest rate risk compared to those
proposals that are not locked in.
(2) Limited tax provisions that reduce risk associated with a change in the marginal corporate tax
rate.
(3) Provides flexible covenants that do not require either an additional bonds test or an anti-
dilution certificate.
(4) Flexible Prepayment Provisions: The proposal provided two prepayment options: (1) The
ability to prepay at any time on any payment date with a 1% prepayment penalty or(2)Non-
callable for the first 5 years and then callable in whole on any payment date with no
prepayment penalty. After further discussions with the Bank, they were willing to reduce the
non-callable period to only 2 years on the second option.
FirstSouthwest therefore recommends that the City accept the BB&T proposal.
This communication is for information only.not an offer,solicitation or recommendation,nor an official confirmation of any financial transaction,It is not to be
considered research.The information is considered to be reliable,but First Southwest Company does not warrant its completeness or accuracy,prices and availability
are subject to change without notice.We may trade,have long or short positions,or act as a market maker in any financial instrument discussed herein.Clients should
consult their own advisors regarding any accounting,legal or tax aspects.Investors are instnteted to read the entire Official Statement to obtain information essential
to the making of an informed investment decision.
2
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
proposal Responses
February 6,2019
e.tk scar Gs..rrvr OO!ks.eu NomSere..Y 50005 9u5KPem,w 70160 11517*0555 Walla CUee..
® $1300000 5:300000 51.300000 51300000 01,500 OW $1300,000
anal marnnry March t.xoxa Maim t.xoxa Ma.m 1,xoxn march 1x51° March
2034
-naoMarch 1,Ma prtopnonl
Note.n a: sue nos ewun w "" pp nn y at y m neenional)Cpapevaya eat hole er 3/1/x531
call aeatnr</Penatk t a eavzaevancee epa,rte tpeoey ank without e n • option B.Make Whole apron B.Prepayment vena y.3 Opton 0 Make W110.
then eon an a meet ana accruM interest. u/ ra nyorrvnon A.3100,14e333 prepayao••■par alto 3/1/2019
Option A:
2 7174 Option I.3.77x
Loci lln Roe ana13/5/1a-Lasx Lu •ee Ylonal p a r
Option A.2 47371,
Option,2 3914
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om.r c.n<nant P.a�n.�nnnt: 55/5POOayc nr w.wo.le..P.�• fune^pola oenr s.nr. subl•m ror�nrn.eo no��Hnern.ea��a 5.50 days olsr r"ne eA....,ow o„oontme m•o.ank Auei wrcnm s0 eo/.aopnon uear
/5
w ,ol oe .n;Fro..l se er m.nrr.noe. ..Pyw on Anrl Oeunon Nudge
eon,a,n,el comp;�.nc•wnn�n r•rol rte o r roc..r..r.w c.npco.
Na el* or abhpetion egya.•Fom
w subl•cr to/nalcrNh nrww Aaeecnaleones l•,r.f.so,
or .P�;n rMOl°•Hon rn. -
ran=tn..wo.,r of rn•POn.k or no e,r•or
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leg.lc.0 53 500 53,500 5 no a 0000
5 <B5,n1P3n3< 253 2991
This communication is for infomration onh.not an offer.solicitation or recommendation.nor an official confirmation of any Inancial transaction.It Is not to be considered research.The Information is considered to be reliable.but First
Somhoest Company does not lyarrant its completeness or accuracy.prices and availability arc subject to change without notice.We may trade.have long or short positions.or act as a market maker in ant financial instrument discussed
herein.Clients should consult their men edtlsors regarding any accounting legal or tas aspects.Intestors arc instructed to read the enure O17icial Statement to obtain infomumion essential to the making of an informed investment decision.
City of Edgewater,Florida
RFP Response Analysis Sumntart'for:
Capital Improvement Revenue Note,Series 2014
Thursday,February 06,2014
Pinnacle P Bancorp Wells Fargo TD Bank TD Bank U.S.Bancorp U.S.Bancor
Hancock
Bank: BB&T Public Au) al lz/
Bank Option Option B Option A Option B Option I
Finance
None After Make-Whole None After
Call Penalty: I%Penalty None 5 Years None Penally None 3%Penalty 5 Years
Date Debt Service Debt Service Debt Service Debt Service Debt Service Debt Service Debt Service Debt Service
$ 142,100 $ 141,975 $ 146,596 $ 141,700 $ 140,080 $ 141,914 $ 139,648 $ 143,973
3/1/2016 144,739 144,624 146,832 144,315 142,875 144,505 143,416 144,413
3/1/2017 144,919 144,816 146,583 145,461 143,243 145,625 143,723 145,403
3/1/2018 145,027 144,936 147,249 144,509 142,543 142,645 142,962 145,288
3/1/2019 143,063 142,984 146,800 143,508 141,798 143,665 142,155 145,094
3/1/2020 143,075 143,008 146,266 143,457 142,008 143,586 142,302 144,820
3/1/2021 144,014 143,960 147,647 144,333 143,150 144,433 142,379 146,467
3/1/2022 143,857 143,816 146,885 144,111 143,203 144,180 142,388 145,982
3/1/2023 142,628 142,600 147,037 143,814 142,188 142,853 142,328 145,418
3/1/2024 142,350 142,336 147,076 143,444 142,128 143,476 142,198 146,775
Total $ 1,435,772 $ 1,435,055 $ 1,468,969 $ 1,438,652 $ 1,423,212 $ 1,436,883 $ 1,423,499 $ 1,453,634
-Preliminary/Subject to Change.
-'1j Assumes Fixed Rates With 5bps Rate Lock Option
-`"Assumes Fixed Rates With 10bps Rate Lock Option&Additional 7bps Call Feature Option
-Estimated Cost of Issuance of Approximately$40k Excluding Bank Counsel Fee
This communication is for information only.not an offer.solicitation or recommendation.no an official confirmation of any financial transaction.It is not to be considered research.The information is considered to be reliable.but First
Southtyest Company does not warrant en completeness or accuracy prices and availability arc subject to change IN ithoul notice.We may trade.have long or shon positions.or act as a market maker in and financial instrument discussed
herein_Clients should consult their ovyn advisors regarding any accounting.legal or tax aspects.Investors are instnicted to read the entire Official Statement to obtain information essential to the making of an informed investment decision.
4
FirstSouthwest '
BOND DEBT SERVICE BREAKDOWN
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T 2.41%
Preliminary/Subject to Change
Period Fire Engine
Ending YMCA Project Project Vac Con Truck Utility Website Total
03/01/2015 45,509.06 48,343.18 36,793.14 11,454.72 142,100.10
03/01/2016 45,748.30 49,543.60 37,181.80 12,265.40 144,739.10
03/01/2017 45,856.60 49,579.60 37,458.80 12,024.40 144,919.40
03/01/2018 45,940.80 49,591.50 37,711.70 11,783.40 145,027.40
03/01/2019 45,000.90 49,579.30 36,940.50 11,542.40 143,063.10
03/01/2020 45,061.00 49,543.00 37,169.30 11,301.40 143,074.70
03/01/2021 45,097.00 49,482.60 37,374.00 12,060.40 144,014.00
03/01/2022 45,108.90 49,398.10 37,554.60 11,795.30 143,856.90
03/01/2023 45,096.70 49,289.50 36,711.10 11,530.20 142,627.50
03/01/2024 45,060.40 49,156.80 36,867.60 11,265.10 142,349.90
453,479.66 493,507.18 371,762.54 117,022.72 1,435,772.10
Feb 6,2014 3:37 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 5
FirstSouthwest '
TABLE OF CONTENTS
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T 2.41%
Preliminary/Subject to Change
Report Page
Capital Improvement Revenue Note,Series 2014
Sources and Uses of Funds 1
Bond Summary Statistics 2
Bond Debt Service 3
Bond Debt Service Breakdown 5
Feb 6,2014 3:37 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014)
FirstSouthwest '
SOURCES AND USES OF FUNDS
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T 2.41%
Preliminary/Subject to Change
Dated Date 03/05/2014
Delivery Date 03/05/2014
Fire Engine Utility
Sources: YMCA Project Project Vac Con Truck Website Total
Bond Proceeds:
Par Amount 399,000.00 434,000.00 327,000.00 103,000.00 1,263,000.00
399,000.00 434,000.00 327,000.00 103,000.00 1,263,000.00
Fire Engine Utility
Uses: YMCA Project Project Vac Con Truck Website Total
Project Fund Deposits:
Project Fund 385,000.00 419,420.00 315,870.56 99,500.00 1,219,790.56
Delivery Date Expenses:
Cost of Issuance 14,000.00 14,580.00 11,129.44 3,500.00 43,209.44
399,000.00 434,000.00 327,000.00 103,000.00 1,263,000.00
Feb 6,2014 3:37 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 1
First Southwestigt
BOND SUMMARY STATISTICS
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T 2.41%
Preliminary/Subject to Change
Dated Date 03/05/2014
Delivery Date 03/05/2014
First Coupon 09/01/2014
Last Maturity 03/01/2024
Arbitrage Yield 2.410030%
True Interest Cost(TIC) 2.410030%
Net Interest Cost(NIC) 2.410000%
All-In TIC 3.085440%
Average Coupon 2.410000%
Average Life(years) 5.676
Duration of Issue(years) 5.252
Par Amount 1,263,000.00
Bond Proceeds 1,263,000.00
Total Interest 172,772.10
Net Interest 172,772.10
Total Debt Service 1,435,772.10
Maximum Annual Debt Service 145,027.40
Average Annual Debt Service 143,736.92
Underwriter's Fees(per$1000)
Average Takedown
Other Fee
Total Underwriter's Discount
Bid Price 100.000000
Par Average Average PV of 1 bp
Bond Component Value Price Coupon Life change
Term Loan 2024 1,263,000.00 100.000 2.410% 5.676 1,111.44
1,263,000.00 5.676 1,111.44
All-In Arbitrage
TIC TIC Yield
Par Value 1,263,000.00 1,263,000.00 1,263,000.00
+Accrued Interest
+Premium(Discount)
•Underwriter's Discount
-Cost of Issuance Expense -43,209.44
-Other Amounts
Target Value 1,263,000.00 1,219,790.56 1,263,000.00
Target Date 03/05/2014 03/05/2014 03/05/2014
Yield 2.410030% 3.085440% 2.410030%
Feb 6,2014 3:37 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 2
FirstSouthwest s
BOND DEBT SERVICE
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T 2.41%
Preliminary/Subject to Change
Period
Ending Principal Interest Debt Service
03/01/2015 112,000 30,100.10 142,100.10
03/01/2016 117,000 27,739.10 144,739.10
03/01/2017 120,000 24,919.40 144,919.40
03/01/2018 123,000 22,027.40 145,027.40
03/01/2019 124,000 19,063.10 143,063.10
03/01/2020 127,000 16,074.70 143,074.70
03/01/2021 131,000 13,014.00 144,014.00
03/01/2022 134,000 9,856.90 143,856.90
03/01/2023 136,000 6,627.50 142,627.50
03/01/2024 139,000 3,349.90 142,349.90
1,263,000 172,772.10 1,435,772.10
Feb 6,2014 3:37 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 3
First Southwest 4 '
BOND DEBT SERVICE
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T 2.41%
Preliminary/Subject to Change
Period Annual
Ending Principal Interest Debt Service Debt Service
09/01/2014 14,880.95 14,880.95
03/01/2015 112,000 15,219.15 127,219.15 142,100.10
09/01/2015 13,869.55 13,869.55
03/01/2016 117,000 13,869.55 130,869.55 144,739.10
09/01/2016 12,459.70 12,459.70
03/01/2017 120,000 12,459.70 132,459.70 144,919.40
09/01/2017 11,013.70 11,013.70
03/01/2018 123,000 11,013.70 134,013.70 145,027.40
09/01/2018 9,531.55 9,531.55
03/01/2019 124,000 9,531.55 133,531.55 143,063.10
09/01/2019 8,037.35 8,037.35
03/01/2020 127,000 8,037.35 135,037.35 143,074.70
09/01/2020 6,507.00 6,507.00
03/01/2021 131,000 6,507.00 137,507.00 144,014.00
09/01/2021 4,928.45 4,928.45
03/01/2022 134,000 4,928.45 138,928.45 143,856.90
09/01/2022 3,313.75 3,313.75
03/01/2023 136,000 3,313.75 139,313.75 142,627.50
09/01/2023 1,674.95 1,674.95
03/01/2024 139,000 1,674.95 140,674.95 142,349.90
1,263,000 172,772.10 1,435,772.10 1,435,772.10
Feb 6,2014 3:37 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 4
FirstSouthwest4
BOND DEBT SERVICE BREAKDOWN
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T 2.41%
Preliminary/Subject to Change
Period Fire Engine
Ending YMCA Project Project Vac Con Truck Utility Website Total
03/01/2015 45,509.06 48,343.18 36,793.14 11,454.72 142,100.10
03/01/2016 45,748.30 49,543.60 37,181.80 12,265.40 144,739.10
03/01/2017 45,856.60 49,579.60 37,458.80 12,024.40 144,919.40
03/01/2018 45,940.80 49,591.50 37,711.70 11,783.40 145,027.40
03/01/2019 45,000.90 49,579.30 36,940.50 11,542.40 143,063.10
03/01/2020 45,061.00 49,543.00 37,169.30 11,301.40 143,074.70
03/01/2021 45,097.00 49,482.60 37,374.00 12,060.40 144,014.00
03/01/2022 45,108.90 49,398.10 37,554.60 11,795.30 143,856.90
03/01/2023 45,096.70 49,289.50 36,711.10 11,530.20 142,627.50
03/01/2024 45,060.40 49,156.80 36,867.60 11,265.10 142,349.90
453,479.66 493,507.18 371,762.54 117,022.72 1,435,772.10
Feb 6,2014 3:37 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 5
BB&T Governmental Finance
255 S. Orange Avenue
Orlando, FL 32801
(407)241-3570
Fax(877)320-4453
February 5,2014
City of Edgewater
104 N. Riverside Dr.
Edgewater,FL 32132
To Whom It May Concern:
Branch Banking and Trust Company ("BB&T") is pleased to offer this proposal for the financing
requested by the City of Edgewater,FL("City").
(1) Project: Capital Improvement Revenue Note, Series 2014("Note")
(2) Amount To Be Financed: Not to Exceed$1,300,000
(3) interest Rates,Financing Terms and Corresponding Payments:
Final Maturity BO Rate
March 1,2024 2.41%
Interest payments on the Note shall be due semiannually each March 1 and September 1, commencing
September 1, 2014. Principal payments on the Note shall be due annually each March 1, commencing March
1, 2015. Interest shall accrue on the principal balance of the Note on a 30/360 day count basis. Upon being
awarded this transaction, BB&T must approve of the final amortization schedule.
The financing proceeds shall be deposited on behalf of the City into a project fund account with
BB&T. Earnings on the project fund shall accrue to the benefit of the City for use on project costs or interest
payments.
The interest rate stated above is valid for a closing date not later then 45 days after today. Closing of
the financing is contingent upon completing documentation acceptable to BB&T and its counsel.
Remuneration for our legal review expenses and underwriting for this financing transaction shall be
$3,500.00. All applicable costs of counsel for the City and any other costs shall be the City's responsibility and
separately payable by the City.
The financing documents shall allow for (i) prepayment of the principal balance of the Note in whole
on a scheduled payment date with a 1'/%prepayment premium or(ii)have the Note be non-callable for the first
half of the term and then callable in whole on any scheduled payment date with no prepayment penalty
thereafter.
The financing documents shall also include provisions that will outline appropriate changes to be
implemented in the event that this transaction is determined to be taxable or non bank qualified in accordance
with Florida State Statutes or the Internal Revenue Service cede. These provisions must be acceptable to
BB&T.
The stated interest rate above assumes that the City expects to borrow $10,000,000 or less in the
calendar year 2014 and that the financing shall comply with the applicable IRS Code Sections 141, 148, 149(e)
and 265(b)(3). BB&T reserves the right to terminate its interest in this bid or to negotiate a mutually
acceptable rate if the financing is not a qualified tax-exempt financing.
(4) Financing Documents:
it shall be the responsibility of the City to retain and compensate counsel to appropriately structure the
financing documents according to Florida State statutes. BB&T shall also require the City to provide an
unqualified bond counsel opinion. BB&T and its counsel reserve the right to review and approve all
documentation before closing.
(5) Security:
The Note shall be secured by a covenant to budget and appropriate from all legally available Non-
Enterprise,Non-Ad Valorem Revenues of the City.
* * * * * *
BB&T appreciates the opportunity to make this financing proposal and requests to be notified within
ten days of this proposal should BB&T be the successful proposer.
BB&T shall have the right to cancel this offer by notifying the City of its election to do so(whether or
not this offer has previously been accepted by the City) if at any time prior to the closing there is a material
adverse change in the City's financial condition, if we discover adverse circumstances of which we are
currently unaware, if we are unable to agree on acceptable documentation with the City or if there is a change
in law (or proposed change in law) that changes the economic effect of this financing to BB&T. We reserve
the right to negotiate and/or terminate our interest in this transaction should we be the successful proposer.
Please call me at(407)241-3570 with your questions and comments. We look forward to hearing from
you.
Sincerely,
BRANCH BANKING AND TRUST COMPANY
.e../eziki2 )
Michael C. Srnith
Vice President
AGENDA REQUEST
Date: February 9, 2014
PUBLIC
HEARING February 11, 2014 RESOLUTION February 11, 2014 ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
Resolution No. 2014-R-03 Modifying Purchasing Policy
BACKGROUND:
Per Resolution 2012-R-19 the Finance Director and Department Directors shall review the Policy annually
and submit recommendations to the City Manager for review and approval. This revision was necessary
to meet a deadline imposed by the Florida Department of Transportation for LAP funding such as the US.
1 sidewalks and other future projects. This update contains all of the staff recommendations and those
from the Florida Department of Transportation. The revised policy is very broad in scope and attempts to
cover all types and stages of the procurement process.
STAFF RECOMMENDATION:
Staff recommends City Council approve Resolution No. 2014-R-03 herein referred to as The Purchasing
Policy.
ACTION REQUESTED:
Motion to approve Resolution No. 2014-R-03 Purchasing Policy, which complies with Florida Statutes.
FINANCIAL IMPACT:
(Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO
PREVIOUS AGENDA ITEM: YES NO
If so, DATE: AGENDA ITEM #
Resp-ctfully/ bmitted, Concurrence:
J•Argthan C. McKinney Robin L. Matusick
F nance Director Paralegal
rack ey
City anager
RESOLUTION NO. 2014-R-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, UPDATING/RESTATING
THE CITY OF EDGEWATER'S PURCHASING POLICY;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to the City Charter, the City Manager has the responsibility for
managing a purchasing program for the City;
WHEREAS, the City Manager requests that City Council update/restate the existing
Purchasing Policy that the City of Edgewater approved during the Council meeting held on
October 15, 2012 pursuant to the adoption of Resolution#2012-R-19.
WHEREAS, in an effort to be consistent with current laws and policies, City Council
wishes for the City of Edgewater to update/restate the existing City of Edgewater Purchasing
Policy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1. The City Council hereby updates/restates the City of Edgewater
Purchasing 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 parts of resolutions in conflict herewith be and the same
are hereby repealed.
(Resolution/#2014-R-03)
Section 4. This resolution shall take effect upon adoption.
After motion by and second by , the vote on
this resolution was as follows:
AYE NAY
Mayor Michael Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Gene Emter
PASSED AND DULY ADOPTED this 11th day of February, 2014.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie A. Wenzel Michael Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form Edgewater at a Special meeting held on the
and legality by: Aaron R. Wolfe, Esquire 11th day of February, 2014 under Agenda
City Attorney Item .
Doran, Sims, Wolfe&Kundid
(Resolution/#2014-R-03)
EXHIBIT "A"
(Resolution/#2014-R-03)
Purchasing Policy
City of Edgewater, Florida
di
l"'ih ot`
Iw GE ATER
Dated Formatted:Left,Indent:Left 3
September-24-201-2
February 11, 2014
and - % Formatted:Centered
1
0Gtober 1-5-204-2
2
FOREWORD
The Finance Department prepared this "Purchasing Manual" to serve as the basis for
purchasing policies and procedures for the City of Edgewater.
The City Council of Edgewater, Florida, recognizes that some centralized purchasing is a
necessary function of effective government and declares it shall be the responsibility of the
Finance Department Director to consider opportunities to centralize some purchases of
supplies, equipment, and services for various functions within the City.
The purchasing function involves the procurement of materials, supplies, equipment, and
services at best value, consistent with the quality needed to meet the required standards
established and approved by the Edgewater City Council. Our goal is the promotion of the
best interest of the City of Edgewater through intelligent action and fair dealings, resulting
in obtaining maximum savings for the City.
Rules and regulations are necessary for the proper operation of the purchasing function
and it is essential all who are involved in the purchasing operation be well informed. This
manual was developed to aid all employees, volunteers and Board Trustees directly or
indirectly associated with the function of purchasing.
All City Departments and Boards shall comply with this Purchasing Policy. Florida
Statutes will prevail for all Items not expressly covered within this Purchasing Policy.
The objectives of the Finance Department are as follows:
1. To deal fairly and equitably with all vendors wishing to do business with the
City of Edgewater.
2. Provide professional procurement services for all our customers within the
City.
3. Assure adherence to all laws, regulations, and procedures related to City
procurement.
4. Maximize competition for all procurements of the City.
5. Obtain maximum savings through innovative buying and application of value
analysis techniques.
6-------Purchase goods and services at the best value if not lowest price, consistent
with quality performance, and delivery requirements from capable vendors
meeting the City's requirements.
Formatted:Numbered+Level:1+
Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.5"+Tab after:
1 1"+Indent at: 1"
3
4
TABLE OF CONTENTS
SECTION TITLE PAGE
I Requisitions 5
II Purchase Orders 8
III Solicitation and Approval Level Thresholds 9
IV Emergency Purchases 12
V Change Orders 13
VI Blanket/Inverted Purchase Orders 14
VII Quotations and Bids 15
VIII Competitive Procurements (IFB, RFP, RFI, RFQ) 23
IX Professional Services (CCNA) 24
X Procedures for Multiple Consultants under CCNA 27
XI Design-Build and/or Design-Build Operating Services 29
XII Evaluation of Proposals and Recommendation for Award 32
XIII Bond and Bid Security 36
XIV Contracts and Contract Processing 37
XV Purchases Not Requiring Bids 38
XVI Purchasing Cards 41
XVII Vendor Complaints and Disputes (Protests) 45
XVIII Capital Assets Tracking 46
XIX Invoices 48
XX Receipt of Goods and Materials 49
XXI Minority Business Participation 49
XXII Vendor Evaluation 51
XXIII Conflicts of Interest 51
XXIV Purchasing Policy Adoption 52
5
SECTION I
REQUISITION
PURPOSE: The City of Edgewater currently utilizes the Sungard HTE procurement and
inventory module for on-line procurements. Approved requisitions signify authority to
charge a specific fund and cost center, and signify that the department has verified there
are sufficient funds for the purchase.
DEFINITION: A requisition is a written or computerized request to the Finance Department
for the procurement of goods or services from suppliers.
PURCHASING RESPONSIBILITIES:
1. To become acquainted with the needs of our customers by utilizing
purchasing teams made up of department and Finance Department
personnel.
2. To aid and cooperate with all departments in meeting their needs for
operating supplies and equipment at the best value and least cost to the City
of Edgewater.
3. To assist in the preparation or review of specifications for all requirements.
4. To locate the sources and availability of needed products.
5. To process all requisitions and purchases with the least possible delay, in
accordance with City procedures.
6. To work with the supplier in correlating all the steps involved in completing a
purchase, including purchase order follow-up and tracing.
7. To assist the department with any difficulty after the product has been
delivered or service rendered.
8. To notify the user department of any changes in the use of the suggested
vendor as proposed by the user department, and any other probable
changes such as price or delivery.
DEPARTMENT RESPONSIBILITIES:
1. Allow sufficient time for the Finance Department to process and/or place the
order and for the supplier to deliver.
2. Advise the Finance Department if the requisition is a defined emergency as
stated in Section III.
3. Write clear and accurate description of materials and equipment to be
purchased and its intended purpose. Specifications should be typed and
either e-mailed or hand carried to the Finance Department.
6
4. Prepare generic specifications for items requiring a technical or engineering
background.
5. List anticipated requirements in advance, when possible. Involve the
Finance Department at the time the need is determined or as early as
possible.
6. Keep the Finance Department advised of any abnormal demands. PLAN
AHEAD!
7. Under no circumstances is the City of Edgewater to be obligated by
departments in any manner whatsoever without prior approval.
8. Cooperate with the Finance Department by reporting, in writing, the results
of purchases -- either favorable or unfavorable. If you have complaints,
REPORT THEM.
9. Advise the Finance Department of any known supplier(s).
10. List any quotes obtained by vendor name, individual contacted, and price
obtained (by line item). Check with the Finance Department for additional
sources.
11. Verify that all sources of funds identified on the requisition are properly
coded.
12. Specify correct commodity code of items to be purchased.
13. Be sure funds are allocated and available in the referenced fund/account to
support purchases.
14. Be sure the purchase is for a "public purpose", unless specifically exempted
by City rules or regulations.
WHEN PREPARED: Purchase Requisitions must be submitted to Finance, far enough in
advance to permit the Finance Department to obtain competitive prices and to allow
sufficient time for deliveries to be made. User Departments should take into account the
time necessary to obtain Council award approval and administrative approvals in planning
for their procurements. The Finance Department can assist you with this planning.
SPECIAL SITUATIONS: Agencies should identify requisitions requiring special handling
for the purchase of materials to prevent downtime but which are not strictly emergencies.
These must be held to a minimum. These should only be used in cases of required
purchases with a justification as to the urgent need. Competitive verbal pricing should be
obtained wherever possible.
WHO PREPARES: All requisitions shall be authorized by the Department Director or
designated authority. Requisitions should originate in the department at the level where
the purchase is to be used and routed to the designated approval authority prior to being
sent to Finance Department. Requisitions not properly authorized will not be accepted by
the on-line system.
ROUTING:
1. For all purchases under $25,000.00, the requisitioning agency will enter
the requisition into the on-line system for issuance of a purchase order.
The following guidelines for quotes will be followed:
a. Competitive quotes are not required for purchases under
$5,000.00-98
b. Three informal quotes are required for purchases from $ 5,001.00 -
$15,000.00. The Department normally obtains these.
c. Three formal quotes are required for purchases from $15,001.00 -
$24,999.99 The Department will obtain formal quotes and forward to
Finance.
2. For all purchases $25,000.00 or greater, the requisitioning Department
will enter the requisition, and then assure that City Council approval is
obtained for award, either of the solicitation or other Council direction.
3. Upon receipt of the requisition in the Finance Department and dependent
on the dollar amount, formal quotations, bids or proposals will be
solicited. A purchase order or a contract will be issued upon completion
of this process.
4. If the requisition is incomplete or not properly prepared, the Finance
Department will notify the originating department.
5. For all purchases of capital goods or services, regardless of the dollar
amount, the requisitioning Department will enter the requisition into the
system assuring appropriate approvals are obtained, unless approved by
the Finance Director and under$25,000.00.
REVIEW OF SPECIFICATIONS-OTHER DEPARTMENTAL APPROVALS REQUIRED:
Prior to issuance of bids or the processing of a requisition with specifications included,
review of the items to be purchased and the specifications for certain commodities and
services must be made by other departments within the City to assure open competitive
bidding, compatibility, standardization, and up-to-date specifications. The following are
mandated reviews:
TYPE OF EQUIPMENT/SERVICE REQUESTED DEPARTMENT REVIEW
Information Technology Equipment Man-agement-Informat+on-System-s
Information Technology
Vehicles/Heavy Equipment Fleet Maintenance
I adfos/Eornn1a4nisat+on-Eq f primernt-.._ •Management-Inforrna#ion-Systemms
Telephones (Internal System Only) Man,acgernnent lntor-matron
Systemslnformation Technology
PLEASE ENSURE THE ABOVE APPROVALS ARE OBTAINED PRIOR TO SUBMITTAL
TO THE FINANCE DEPARTMENT.
8
SECTION II
PURCHASE ORDERS
PURPOSE: A purchase order authorizes the vendor to ship and invoice the materials and
services as specified. Purchase orders will be written to be clear, concise and complete,
preventing any misunderstanding and/or unnecessary correspondence with suppliers.
DEFINITION: A legally binding document prepared by a purchaser to describe all terms
and conditions of a purchase.
WHEN ISSUED: Pre-numbered computer generated purchase orders will be issued upon
receipt of a properly authorized requisition, after receipt of competitive bids, determination
whether funds are available, and Council approval as necessary. No purchase orders will
be issued after the fact unless it is a documented emergency situation.
WHO ISSUES: Only the Finance Department shall issue purchase orders. The
department will not enter into negotiations with any supplier for the purchase of supplies,
services, materials or equipment. The Finance Department will transmit all purchase
orders to the supplier.
ROUTING OF ORDER: A standard purchase order form is used to make all purchases.
Purchases over $5,000.00 require a copy of the purchase order to be provided to the
vendor. The purchase order form for purchases under $5,000.00 is sent to the vendor
upon request by department.
FOLLOW-UP AND TRACING: Departments should track order progress after placing the
order. If a problem is incurred, the department should then contact the Finance
Department for assistance.
DIFFICULTIES AFTER RECEIPT OF SERVICE OR ITEM: Upon request from the
department, the Finance Department shall handle with the vendor any problems or
difficulties with outstanding orders or contracts and received items or services. See
Section XIV of this manual for further details.
PRE-PAYMENT PROCEDURES: On those items where prepayment is needed, the
original documents showing that pre-payment is required will be forwarded to the Finance
Department as the authorization to issue a check with a manual check request. These
should be kept to a minimum. The purchasing card should be used for items that require
pre-payment if under$5,000.00.
REGISTRATION FEES AND TRAVEL Registration fees and travel for seminars and
conferences for in-City and out-of-City travel are handled via Travel Authorization forms as
per City Policy and Procedures. These requests are not processed through the Finance
Department.
9
UTILITY BILLS AND COMMUNICATION INVOICES: Payment for utilities (water, sewer,
lights, etc.) and communication service will be made by the Finance Department and the
expense allocated to the appropriate department fund.
EMPLOYEE TESTING;
Pre-employment or other such employee testing as required will be processed by the
Finance Department and the expenses allocated to the appropriate department fund.
DEBT SERVICES;
All debt service payments will be paid by the Finance Department and the expenses
allocated to the appropriate department fund.
PURCHASE OF GOODS AND SERVICES $25,000.00 or Greater: All purchases of
goods and services whose cumulative total shall exceed $25,000.00 or greater within a
12 month period will be competitively bid.
USE OF FIELD PURCHASE ORDERS: The Field Purchase Order should be used as a
payment tool/check request for items under $5,000.00. Common uses include:
Subscriptions, Memberships, Advertisement and Registrations requiring a check, Petty
Cash Reimbursements and Employee Travel Reimbursement checks. Also, the Field
Purchase orders should be used for items under$5,000.00 for vendors that do not accept
the Purchasing Card.
Invoices that are attached to FPO's need no signatures. Approvals will be tracked by
financial software.
SECTION III
SOLICITATION AND APPROVAL LEVEL THRESHOLDS
PURPOSE: To describe the various levels of the competitive process and to identify the
levels of authority in the procurement function of the City. The procurement function is
designed to maximize the purchasing value of public funds in procurement and to provide
safeguards for maintaining a procurement system of quality and integrity.
The mandatory formal solicitation amount shall be TWENTY-FIVE THOUSAND AND
N0/100 DOLLARS ($25,000.00.) over the life of the contract or greater. Written quotes
shall be obtained for purchases between FIFTEEN THOUSAND ONE AND NO/100
DOLLARS ($15,001.00) and TWENTY-FOUR THOUSAND NINE HUNDRED NINETY-
NINE AND 99/100 DOLLARS ($24,999.99.) Informal quotes shall be obtained for
purchases between FIVE THOUSAND ONE AND NO/100 DOLLARS ($5001.00) AND
FIFTEEN THOUSAND DOLLARS ($15,000.00). Department/Division/Offices shall
maintain documentation with their requisition on all quotes received or as to why
competition was not obtained. All purchase prices must be considered fair and
reasonable. Award shall be made to the business offering the lowest quotation that is
determined to be both responsive and responsible. Award based on the overall best value
can be made if the department submits a statement to the Finance Department for
approval describing the benefits to the City if award is made to other than low. The name
of the business submitting a quotation, and the date and amount of each quotation, shall
be recorded and maintained as public record.
10
Types of formal solicitations used for competitive procurement are as follows:
Request for Proposals (RFPs) —A solicitation for response for a commodity and/or
services for which the scope of work, specifications or contractual terms and conditions
cannot reasonably be closely defined. Evaluation of a proposal is based on prior
established criteria wherein the RFP shall state the relative importance of price and other
evaluation factors.
Invitations to Bids (ITBs) -A solicitation inviting potential contractors or vendors to
submit sealed, written pricing for specific goods or services in conformance with
specifications, terms, conditions and other requirements described in the bid invitation
documents.
Request for Information (RFI) - A solicitation for response from interested and
prospective vendors/contractors to provide information to determine specifications,
qualifications and/or capabilities to satisfy a need rather than a firm specification and in
which the respondent may be given latitude in order to develop a product and/or service
which will fulfill the need.
Request for Qualification (RFQ) - A solicitation seeking responses for services for
which the competitive award will be based on the qualifications of those responding;
generally, but not limited to, used in procuring certain professional services, design build
services, consulting and construction management services.
The procurement of all goods, material, equipment, services and combinations of goods
and/or services by or on behalf of the Council, including those transactions through which
the Council shall receive revenue, in an amount equal to or in excess of the mandatory bid
amount of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) over the life
of the contract, shall be formally competitively awarded based on the submission of bids
(ITBs), proposals submitted in response to an request for proposal (RFP), proposals
submitted in response to a request for information (RFI), proposals submitted in response
to a request for qualifications (RFQ) or proposals submitted for competitive negotiations,
except as otherwise provided herein, or by State or Federal law. Competitive bidding shall
be the preferred method of procurement. If a department determines the use of an
invitation to bid is not practicable based on 1) lack of time, 2) the award will be made on
factors other than price and price-related factors, 3) a need to conduct discussions with
the responding bidders about their bid and 4) there isn't a reasonable chance of receiving
more than one quote, must submit, in writing, a statement requesting solicitation by
Request for Proposals.
Departmental requirements are not to be split to avoid the competitive bidding thresholds.
It is in the best interest of the City to combine requirements and competitively bid these
requirements to ensure a fair and reasonable price.
The City Council has the right to award all contracts except as otherwise provided in the
Code of Ordinances of the City. Individuals that have been delegated authority will have
to sign a "Statement of Responsibility" and will be held accountable for all actions
occurring under their authority. Anyone having authority to make any purchase exceeding
TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) must file with the
Supervisor of Elections within the County in which he or she permanently resides, a
statement of financial interest. As to those contracts which the Council retains the right of
award, the Council shall have authority to review, modify or set aside all previous
11
administrative determinations, whether appealed or not, made in the course of the
procurement.
All Department Directors or their designee shall have the authority to authorize purchases
of goods and services not to exceed FIVE THOUSAND AND NO/100 DOLLARS
($5,000.00) per item under the Purchasing Card policy and procedures (Section XIV).
Authority is also given in case of an emergency for purchases under TWENTY-FIVE
THOUSAND AND NO/100 DOLLARS ($25,000.00) when at least one vendor has been
contacted and the purchase order is issued through the Finance Department within the
next business day. The Finance Department will review the requisition to ensure a fair
and reasonable price is received.
The City Manager or designee shall have the authority to award and execute purchases
of goods and services not to exceed TWENTY-FIVE THOUSAND DOLLARS AND NO/100
($25,000.00)including change orders and amendments. The City Manager or designee is
authorized to renew options on approved contracts, as long as it is per the terms,
conditions and renewal period specified in the original contract and the total dollar amount
for each contract or purchase order is within the Council approved budget. All purchases
of goods and services, in excess of TWENTY-FIVE THOUSAND DOLLARS AND NO/100
($25,000.00) shall be awarded by the Council, except as otherwise provided within this
section. The City Manager or designee shall have the authority to approve all purchase
orders, contracts, Master Agreements and amendments up to FIFTY THOUSAND AND
NO/100 DOLLARS ($50,000.00) for projects, goods and services as detailed in the budget
as long as award is to the lowest responsive, responsible bidder in a competitive
environment.
The City Manager or designee shall have the authority to approve and execute all change
orders and amendments and to approve price escalation/de-escalation changes,
according to the terms of the particular contract providing that the change does not exceed
ten percent (10%) of the latest approved contract value for contracts. Amendments to
contracts greater than these amounts must be approved by City Council.
The City Manager shall have authority to award and execute purchase orders in any
amount on current City cooperative purchasing agreements and contracts from GSA
contracts, state agencies, or other units of government and non-profit organizations on
capital items and projects that have been detailed and approved by City Council through
the budget adoption or amendment process. The City may piggyback on active current
agreements and contracts from other governmental entities when competitive bid
procedures have been followed and the guidelines utilized by that entity are the same or
more stringent than the City's guidelines. All conditions of the agreement or contract must
be met. The City may piggyback on previous City bids provided they were received within
the previous 12 months and the department is not aware of any interest from other
potential vendors.
The Finance Director, with the concurrence of the City Manager, shall have the authority
to settle individual claims under contract provided the settlement does not exceed ten
percent (10%) of the latest approved contract value for contracts. All change orders
issued which modify a contract, the original and revised total cost of which exceeds ten
percent(10%), shall require Council approval, unless otherwise specified herein.
12
It shall be prohibited for any City employee to order the purchase of any goods or services
or make any contract change without the delegation of authority under this section other
than through the Finance Department, unless utilizing an authorized procurement card.
City employees will be held accountable for unauthorized purchases and appropriate
disciplinary action will be taken pursuant to the City Policy and Procedures Manual. The
Department committing the unauthorized purchase will document the incident with a
memo to the City Manager explaining the details of the unauthorized purchase. These
details must include a brief summary of what happened and the corrective action that the
Director has taken to prevent unauthorized purchases in the future. The memo shall state
any disciplinary action taken, if any, and request the City Manager approve the
unauthorized purchase if under TWENTY-FIVE THOUSAND DOLLARS AND NO/100
($25,000.00). Unauthorized purchases of TWENTY-FIVE THOUSAND DOLLARS AND
NO/100 ($25,000.00) and greater shall be submitted to the Council for approval. Any
purchase or contract made contrary to this section hereof shall not be binding on the City
unless approved by the Council.
In the purchase of, or contract for, goods or contractual services, the City Council may
give a preference in an amount not to exceed three (3%) percent of the bid price or
$50,000,00 whichever is less, to local persons; provided, however, that this section in no
way prohibits the right of the Cty Council to recommend award to the vendor that is the
best interest of the City. The goods or services must be equal to or greater than the
lowest responsive bidder.
Local is defined as a business holding a City of Edgewater Business Tax Receipt (BTR)
and Certificate of Use (CU).
SECTION IV
EMERGENCY PURCHASES
PURPOSE: It is recognized that situations arise where formal solicitation is not possible.
In order to expedite the provision of goods and services, the following procedure will be
followed.
DEFINITION: Emergency purchases include those supplies or services necessary
because of certain emergency conditions occurring affecting the health, safety and welfare
of the City and its citizens or in the event that the City may suffer a financial loss due to
inaction. Poor planning will not constitute an emergency.
AUTHORIZATION: Emergency purchases are approved per the spending authority levels
outlined in this Policy and subject to review by the Finance Director. The City Manager
may approve those exceeding $25,000.00 and return to the Council for confirmation of the
purchase, unless an executive order has been issued that suspends all requirements
during disaster related events.
PROCEDURE: When an emergency exists, a requisition will be entered outlining the
nature of the emergency and coded as such. In addition, the department should call the
Finance Department to alert them to the need. A purchase order will be issued upon
proper approval and processing of the requisition. The Finance Department may obtain
13
additional price quotes prior to issuing a purchase order number. Standing procedures for
emergency purchases are included in the emergency management plan.
EMERGENCY PURCHASES - NIGHTS, WEEKENDS, OR HOLIDAYS: If an emergency
occurs when the Finance Department is closed, the Department Head shall act to secure
the necessary materials or service. The evidence of purchase such as sales ticket, bill,
delivery slip, counter receipt, etc., which the supplier normally furnishes, will be submitted
concurrently with the requisition by the department to the Finance Department on the next
work day following the date of purchase. Such back-up documents will be submitted to
Finance. Emergency Justification form must be forwarded to the Finance
Department by the next business day.
GENERAL INFORMATION: When emergency purchases are made, the department will
make the purchase at the best possible price. A true emergency can occur as a result of
parts and labor needed for repairs to vehicles or equipment, which must be kept in
operating order. Emergencies due to negligence are to be avoided. Failure to anticipate
normal needs, project deadline dates or a desire to expend excess or remaining
budgeted funds prior to year-end do not constitute an emergency.
NOTE: Emergency purchases are costly and should be kept to a minimum. They are
usually made hurriedly, on a non-competitive basis, and at top prices. Most vendors
charge a premium when supplies must be obtained immediately.
SECTION V
CHANGE ORDERS
PURPOSE: Certain conditions surrounding purchases may change in the course of a
procurement, which necessitates a clarification or modification to the purchase order to
fulfill legal requirements.
DEFINITION: A Change Order to a Purchase Order is an adjustment to funding source,
addition or deletion of items, quantity, delivery time, or cost.
PROCEDURE: The department requesting the Change Order shall submit to the Finance
Department a Change Order Request indicating the original Purchase Order Number and
the reason for the changes. Change Order requests listing a price change with no
explanation for the increase or decrease will be returned to the originator. The Finance
Department will modify the on-line system to reflect the change. If required, the vendor
will be sent a hard-copy purchase order reflecting the change.
Change Orders must be processed for all changes affecting the original purchase order
such as quantity increases and those changes that increase 10% or more of the original
unit price dollar value. Change orders will not be processed for decreases in the purchase
order amount if payment is being finalized or if the decrease to the purchase order line
item amount is less than 10%. If a decrease occurs, the department will receive only the
amount invoiced. The same procedure applies if the increase is less than 10% of the
original purchase order dollar amount. No Change Orders to cancel an item will be
processed until the Finance Department has verified that a check has not already been
issued for the item.
14
Cancellations of all purchase orders at any dollar value will require a written change order
to be mailed or faxed to contractor. Cancellations and Change Orders will be distributed
in the same manner as the original purchase order.
Construction and Professional Services Change Orders will be processed manually using
the Professional Service/Construction Change Order form. The Finance Department will
make the necessary corrections to the on-line system once approvals are obtained.
SECTION VI
BLANKET/INVERTED PURCHASE ORDERS
PURPOSE: Blanket/inverted purchase orders allow multiple transactions to be made over
a specified period of time, a practice aimed at reducing the number of small orders,
utilizing short-term releases to satisfy demand requirements, while creating efficiencies of
effort and decreasing costs.
DEFINITION: A blanket order is a purchase order issued for the purchase of
indeterminable miscellaneous items or materials, supplies, parts, etc., over a certain
period of time (usually on an annual basis or as approved by the Edgewater City Council).
Shipments are made, as requested by the department against the blanket order number
for the term of the blanket purchase order. The blanket purchase order generally
establishes a maximum dollar limit, the period covered, and terms and conditions.
However, since the specific items to be purchased are unknown at the time of issuance of
the blanket purchase order, no line item pricing may be shown. Blanket orders may be
used as a payment tool for formal contracts.
An inverted purchase order is used for payment on contracts where retainage is withheld
from the invoices received. Inverted purchase orders use the dollar value of the contract
as the quantity and receipts are issued against line items.
HOW PREPARED: Requests for a blanket/inverted purchase order shall be made on a
Requisition by the using agency indicating the types of items to be purchased and total
amount to be encumbered, either in quarterly increments or for the entire year.
Requests for Blanket purchase orders shall contain the following information:
1. Description and types of items to be purchased.
2. The period of time the order will remain valid.
3. The maximum dollar amount not to be exceeded. If it is apparent the
amount will be exceeded, the department via a change order request must
request an additional amount. Adequate funds must be available in the
department budget.
HOW USED: After the blanket purchase order is issued, the department is authorized to
place orders, via telephone or in person, directly with the vendor,when needed.
15
PROCEDURE: The person(s) listed as authorized by the blanket purchase order may
request/place orders directly with the vendor as needed. Items may be picked up or
delivered by the vendor. The Department Head or designee shall be responsible for
receiving all items acquired using the on-line system.
HOW PAID: The Finance Department will process payment of invoices for received
materials or services to obtain any discounts. User agencies must indicate receipt of all
goods and services, on-line, in a timely manner. Any invoices received by the Department
should be forwarded to the Finance Department after receipt processing.
HOW MONITORED: The Finance Department may actively monitor all or selected
purchases or invoices to ensure adherence to City procedures. The Finance Department
may cancel blanket purchase orders if misuse occurs.
SECTION VII
QUOTATIONS AND BIDS
PURPOSE: Fair and open competition is a basic tenet of public procurement. Such
competition reduces the opportunity for favoritism and inspires public confidence that
contracts are awarded equitably and economically.
DEFINITION: A request to suppliers to make offers to an organization.
PROCEDURE FOR SOLICITING QUOTES:
• Every effort should be made to obtain a minimum of three (3) quotations for each
item or group of items required regardless of dollar amount.
• Competitive quotes are not needed on items, excluding services, under$5,000.00
in value.
• Written or faxed quotes for purchases from $5,001.00 to $15,000.00 are to be
obtained by the department and documentation maintained in the department file
and the quote information entered into the on-line system. Finance Department
may require a copy of the quote documentation. Services provided on-site require
appropriate insurance. Please call the Finance Department for assistance. Capital
outlay items may require other approvals prior to purchase. The department should
contact Finance Department for assistance in creation of a vendor contact list.
• Purchases of $15,001.00 but under $25,000.00 will be made by formal written
quotations issued by the Finance Department. The Finance Department may
coordinate with the department.
• The City's bidding service provider will notify all potential suppliers via fax or email
of all solicitations exceeding $25,000.00 in value. Formal Invitations to Bid will be
distributed to prospective suppliers, as feasible, and such Invitations to Bid will
indicate the deadline for receipt of the bid. No bid will be considered if received
after the deadline for receipt. Invitations to Bid, documented completely, shall be
maintained with the purchase order.
PROCEDURE FOR SOLICITING BIDS:
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The Finance Department shall request formal sealed bids on purchases exceeding, or
expecting to exceed in a single year, $25,000.00. In cases where a"purchase"or contract
may extend over multiple periods or years,the total cumulative amount to be paid over the
duration of the contract term will be the determining amount of the requirement for
requesting formal sealed bids. All advertisements and public notices will be made in ,Formatted:Font:Bold
accordance with Florida Statutes. All federal-aid contract funded projects will be
advertised a minimum of 21 days. The Finance Department shall solicit bids from
responsible prospective suppliers obtained from our subscription notification service,
publications and catalogues, suggestions from the user Department, previous suppliers,
etc. The Finance Department shall attempt to secure at least three(3) bids.
A tabulation of all bids received with the recommended award(s) will be posted on the
City's website and will be available for public inspection in the main offices of the Finance
Department during regular business hours for seventy-two (72) hours after
recommendation of award.
Any actual or prospective proposer to a Request for Proposal, who is aggrieved with
respect to the Request for Proposal, shall file a written protest with the Finance Director
prior to the due date for acceptance of proposals. All such protests must be filed with the
Finance Director no later than 11:00 a.m. (Eastern Time) on the final published date for
the acceptance of the Request for Proposals.
When the Edgewater City Council makes an award of a contract, it will be done in a duly-
noticed public meeting. Award recommendations will be posted outside the offices of the
Finance Department. Any actual or prospective respondent who desires to formally protest
the recommended contract award must file a notice of intent to protest with the Finance
Director within forty-eight (48) hours (excluding weekends and City holidays) of the date
that the recommended award is posted.
Upon filing of said notice, the protesting party will have ten (10) days to file a formal
protest.
Where requirements are of a technical nature, a multi-step bid process may be used. The
conventional multi-step process calls for submission of technical proposals and bid prices
at the same time, but in separate sealed envelopes. The proposals are opened and
evaluated. The bid price envelopes are then opened for those proposals that are found to
be responsive and responsible and award is made based on price alone.
The Finance Department's bidding notification service maintains a "Vendor List" of
prospective suppliers via use of a subscription notification service.
A prospective bidder will be placed on the Vendor List by subscribing to the bidder
notification service. Information is available in the Finance Department office about the
subscription service.
RESPONSIBILITY FOR SPECIFICATIONS:
The preparation of specifications is the responsibility of the department with review (and
authority to challenge) by the Finance Department. Specifications will permit competition
except on non-competitive materials or services, (see"Purchases Not Requiring Bids").
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In general, specifications should define the level of performance required rather than
specific brand name. For the benefit of vendors and the department, specifications must
be clear and concise. The Finance Department reserves the right to challenge
specifications to allow open competition.
,ENGINEER'S ESTIMATES i`Formatted:Font:(Default)Arial,12 pt
An engineer's estimate is a, prediction of quantities. cost, and/or price of resources l Formatted:Font:(Default)Arial,12 pt
required by the scope of an asset investment option, activity or project. As a prediction, �\Formatted:Font:(Default)Arial,12 pt
an estimate must address risks and uncertainties, Estimates are used primarily as inputs
for budgeting, cost or value analysis, decision making in business, asset and project
planning, or for project cost and schedule control processes. Cost estimates are
determined using experience and calculating and forecasting the future cost of resources,
methods, and management within a scheduled time frame. This work is accomplished by
a licensed design professional typically engaged by the City for the project being
competively bid.
PROCEDURE FOR ISSUING DEBT:
Long-term debt may only be used for the costs of acquisition, construction or modification
of capital facilities and for the refinancing or refunding of such debt. This limitation
prohibits any debt being issued to finance operational costs of City departments.
The legal, economic, financial and market conditions associated with the issuance of debt
are dynamic, unpredictable and usually in a constant mode of change. Consequently, the
decision to issue debt is best made on a case-by-case basis and only after careful and
timely analysis and evaluation of all relevant factors. Some of the factors that should be
considered include, but are not limited to, the following:
• Current interest rates and other market considerations;
• The financial condition of the City;
• The types, availability and stability of revenues to be pledged for repayment of the
debt;
• Type of debt to be issued; and
• The nature of the projects to be financed (i.e., approved schedule of improvements,
non-recurring improvements, etc.).
Capital improvements related to enterprise fund operations (e.g., water systems,
wastewater systems, refuse disposal systems, etc.) shall be financed solely by debt to be
repaid from user fees and charges generated from the respective enterprise fund
operations, when practicable.
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Capital improvements not related to enterprise fund operations (e.g., roads, parks, public
buildings, etc.) may be financed by debt to be repaid from available revenue sources
(including ad valorem taxes) pledged for same, when practical.
All capital improvements financed through the issuance of debt shall be financed for a
period not to exceed the useful life of the improvements, but in no event to exceed 30
years.
The City shall not construct or acquire a public facility if it is unable to adequately provide
for the subsequent annual operation and maintenance costs of the facility.
The City shall at all times manage its debt and sustain its financial position in order to seek
and maintain the highest credit rating possible.
In order to maintain a stable debt service burden, the City will attempt to issue debt that
carries a fixed interest rate. However, it is recognized that certain circumstances may
warrant the issuance of variable rate debt. In those instances, the City should attempt to
stabilize debt service payments through the use of an appropriate stabilization
arrangement.
When refinancing current debt, the City will seek a savings (net of all issuance costs and
any cash contributions to the refunding) as a percentage of the refunding debt of at least
3-5%.
Lease Finance Agreements utilized for competitively bid items up to and including
$750.000.00 shall require a minimum of three (3) quotations. Quotes are to be obtained
by the Finance Director and shall be maintained in the department file.
BID INVITATIONS: Notice of Bid will be advertised and posted in City Hall and on the City
Website. The City uses an Internet bidding service for document fulfillment purposes.
They send notification of Bids to potential vendors via email, fax or mail, depending on the
vendor's preference.
METHOD OF SOURCE SELECTION: The City uses the Competitive Sealed Proposals
methodology of source selection for this procurement, as authorized by this Purchasing
Policy.
The City may, as it deems necessary, conduct discussions with responsible proposers
determined to be in contention for being selected for award for the purpose of clarification
to assure full understanding of, and responsiveness to solicitation requirements.
PRE-PROPOSAL CONFERENCE: The purpose of the pre-proposal conference is to
allow an open forum for discussion and questioning with City staff regarding the Proposal
with all prospective proposers having an equal opportunity to hear and participate. Oral
questions will receive oral responses, neither of which will be official, nor become part of
the RFP. Only written responses to written questions will be considered official, and will be
included as part of the RFP as an addendum.
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All prospective proposers are strongly encouraged to attend, as, unless requested by the
department, this will be the only pre-proposal conference for this solicitation. If this pre-
proposal conference is denoted as "mandatory", prospective proposers must be present in
order to submit a proposal response.
PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit bids, proposals, or replies on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
DRUG-FREE WORKPLACE: In accordance with section 287.087, Florida Statutes,
preference shall be given to businesses with drug-free workplace programs. Whenever
two or more proposals which are equal with respect to price, quality, and service are
received by the City for the procurement of commodities or contractual services, a
proposal received from a business that furnishes a form certifying that it is a Drug Free
Workplace shall be given preference in the award process.
CONFLICT OF INTEREST: Proposers shall complete the Conflict of Interest Affidavit
included with the RFP documentation. Disclosure of any potential or actual conflict of
interest is subject to City staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of
interest situations during contract selection and execution.
PROHIBITION OF GIFTS TO CITY EMPLOYEES: No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the
current City Ethics Ordinance, and City Administrative Procedure 5311. Violation of this
provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with City staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the City
for a specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm for
cause.
IMMIGRATION REFORM AND CONTROL ACT: Proposer acknowledges, and without
exception or stipulation, any firm(s) receiving an award shall be fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall
constitute a breach of the award agreement and the City shall have the discretion to
unilaterally terminate said agreement immediately.
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BID BOND/DEPOSITS: By signing the proposal, Proposer acknowledges that it has read
and understands the bonding requirements for the proposal, if applicable. Requirements
for each solicitation are specified in the Proposal.
Should the contract amount be less than $500,000.00, the requirements of Section
287.0935, F.S. shall govern the rating and classification of the surety.
All performance security under the subsequent contract shall be in force throughout the
final completion and acceptance of the project awarded.
If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet
the requirements imposed by the Contract Documents, the Contractor shall, within five (5)
calendar days thereafter, substitute another bond and surety, both of which shall be
subject to the Owner's approval.
INSURANCE REQUIREMENTS: By signing the Insurance Requirements included in a
Proposal, Proposer acknowledges these conditions include Insurance Requirements.
It should be noted by the Proposer that, in order to meet the City's requirements, there
may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that
the proposer discusses these requirements with the Proposer's insurance agent, as noted
on the Insurance Check List, so that the Proposer can make allowances for any additional
costs.
The Proposer's obligation under this provision shall not be limited in any way by the
agreed upon contract price, or the Proposer's limit of, or lack of, sufficient insurance
protection.
Proposer also understands that the evidence of required insurance may be required within
five (5) business days following notification of its offer being accepted; otherwise, the City
may rescind its acceptance of the Proposer's proposal.
The specific insurance requirements for each solicitation are included as part of the
proposal.
DISPOSITION OF BIDS: Bids shall be opened in public at the time and place stated in the
public notices and all bids received shall be read aloud stating the name of the proposer
and any pertinent information related to the solicited bid.
The City shall not bear the responsibility for proposals delivered to the City Clerk past the
stated date and/or time indicated, or to an incorrect address by proposer's personnel or by
the proposer's outside carrier. However, the City Clerk, or designee, shall reserve the right
to accept proposals received after the posted close time only under the following
condition:
The tardy submission of the proposal is due to the following circumstances, which shall
include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS,
DHL, or courier where delivery was scheduled before the deadline.
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All bids received and accepted will be made available for public inspection ten (10) days
after opening, or upon recommendation of award, whichever occurs first.
PROPOSAL, PRESENTATION, AND PROTEST COSTS: The City will not be liable in
any way for any costs incurred by any proposer in the preparation of its proposal in
response to this RFP, nor for the presentation of its proposal and/or participation in any
discussions, negotiations, or, if applicable, any protest procedures.
ACCEPTANCE OR REJECTION OF PROPOSALS: The right is reserved by the City to
waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for
proposals, if desired, and upon recommendation and justification by the City to accept the
proposal which in the judgment of the City is deemed the most advantageous for the
public and the City.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of
any kind, may be cause for rejection. In the event of default of the successful proposer, or
their refusal to enter into the City contract, the City reserves the right to accept the
proposal of any other proposer or to re-advertise using the same or revised
documentation, at its sole discretion.
REQUESTS FOR CLARIFICATION OF PROPOSALS: Requests by the Accounting
Technician to a proposer(s) for clarification of proposal(s)shall be in writing. Proposer's
failure to respond to request for clarification may deem proposer to be non-responsive,
and may be just cause to reject its proposal.
VALIDITY OF PROPOSALS: No proposal can be withdrawn after it is filed unless the
Proposer makes their request in writing to the City prior to the time set for the closing of
Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from
the submission date to accommodate evaluation and selection process.
AWARD OF BIDS: Awards of contracts and/or purchases shall be to the lowest, most
responsive and most responsible bidder of goods or services, representing the best value
to the City. In determining the lowest, most responsive and responsible bidder and that
purchase or contract that will best serve the interests of the City, the Council, the City
Manager, and purchasing agent, as appropriate, shall consider, but shall not be limited to,
in addition to price, the following:
1. The ability, capacity and skill of the bidder to perform under the terms of the bid
documents including past performance, if available.
2. Whether the bidder can perform the contract or provide the materials or service
promptly, or within the time specified, without delay or interference.
3. The character, integrity, reputation, judgment, experience, and efficiency of the
bidder as reflected in credit reports, Better Business Bureau reports or other
records or reports.
4. The quality of performance of previous contracts and the providing of materials
and/or services.
5. The previous and existing compliance by the bidder with laws and ordinances
relating to the contract, or the providing of materials or services.
6. The sufficiency of the financial resources and ability of the bidder to perform the
contract or provide the materials or services.
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7. The quality, availability, and adaptability of the supplies, equipment, or contractual
services to the particular use required.
8. The ability and location of the bidder to provide future maintenance and service for
the purchase and the financial impact upon the City to receive such future
maintenance or service. If a bidder does not currentl have a local •ro ect office.
the evaluation committee shall consider the bidder estabishininq a local project
office to satisfy this requirement for federal-aid contracts.
9. The number and scope of conditions attached to the bid.
10. Whether the bidder is in arrears to the city on a debt or is a defaulter on surety to
the City; or,whether the bidders'taxes or assessments are delinquent.
11. The bidder has all current local and county Business Tax Receipts and licenses as
required by law.
IFBs are the least formal review process and the award of the contract is to the lowest
priced, responsive, responsible bidder. The Finance Department coordinates with the
requisitioning department to determine if the lowest price bid is responsive (i.e., complies
with the City's specification). A review of the bid is required to determine if it conforms to
the requirements stated in the solicitation. If the lowest priced bid is found non-
responsive, then the next low bidder will be evaluated and so on until a responsive
contractor is found. When the lowest bidder is found non-responsive or not responsible,
this determination must be in writing with the appropriate documentation.
The Finance Department reserves the right to challenge any award recommendations of
the user division/department.
City Council will approve bid award recommendations wherein the award to each vendor
exceeds $25,000.00, unless previously exempted or approved. Each department is
responsible for the drafting of the Council Agenda Request and assuring appropriate
approvals are obtained prior to forwarding to the Finance Department for review. The
Finance Department will then submit the Council Agenda Request to the City Manager.
Award shall not be final until issuance of a purchase order or contract by the Finance
Department.
CHANGES IN FINALIZED BIDS: Any increase in unit price of any bid formally approved
by the Edgewater City Council must be re-submitted to the Council for approval unless the
increases were allowed by the bid or contract document.
WAIVER OF IRREGULARITIES: The City Manager on behalf of the City Council shall
have the authority to waive any and all irregularities in any and all formal bids.
TIE BIDS: In the event of a tie (with each business certifying that it is a Drug-Free
Workplace), both in individual scoring and in final ranking, the firm with the lowest
volume of work on City projects within the last five (5) years will receive the higher
individual ranking. This information will be based on information provided by the Proposer,
subject to verification at the City's option. If there is a multiple firm tie in either individual
scoring or final ranking, the firm with the lowest volume of work shall receive the higher
ranking, the firm with the next lowest volume of work shall receive the next highest ranking
and so on. If neither vendor has performed in work in the last five years, the preference
will be given to the Proposer within the city limits or principal office closest to City Hall.
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For federal-aid contracts, a small locality presence criterion of no more than 10 percent' Formatted:Normal,Justified,Don't adjust
may be used. This criterion cannot be based on political boundaries and should be used Space between Latin and Asian text,Don't
adjust space between Asian text and numbers
on a project-by-project basis for projects where a need has been established. If a firm
currently outside the locality criteria indicates as part of its proposal that it will satisfy the
criteria in some manner, such as establishing a local project office, it should be considered
to have met the locality criteria.
CONTRACTS: Whenever required, the successful bidder shall promptly execute a formal
contract to be approved as to its form, terms and conditions, and signed by the proper
authority. Contract time will be based on en•ineers' estimates and will be mutuall a•reed
upon by both the City and the successful bidder during contract negotiations. If it is a
federal-aid contract the federal-aid agency providing funding may provide input into
contract time for the project. When required, such bidder shall also execute and deliver to
the Finance Department a good and sufficient performance and/or payment bond in the
amount specified in the Invitation for Bid. Any bidder who has a contract awarded to
him/her and who fails to execute promptly and properly the required contract and bond,
shall forfeit his/her certified check or bid bond. Upon the execution of the contract by the
successful bidder, his/her certified check will be returned or his/her bid bond may be
released. The certified checks of unsuccessful bidders shall then be returned.
CITY'S RIGHT TO INSPECT: The City or its authorized Agent shall have the right to
inspect the Contractor's facilities/project site during and after each work assignment the
Contractor is performing.
Formatted:Justified
WARRANTY REQUIREMENTS:
(A) FOR PURPOSES OF THIS WARRANTY REQUIREMENT. THE TERM "GOODS" MEANS
ANY EQUIPMENT. MACHINES. TOOLS. VEHICLES. HARDWARE. SUPPLIES, COMPONENT
PARTS OR OTHER TANGIBLE PERSONAL PROPERTY PROCURED BY THE CITY.TO WHICH
PROCUREMENT THIS WARRANTY REQUIREMENT IS MADE APPLICABLE THROUGH THE
SPECIFICATIONS. THE TERM "CITY" MEANS THE CITY OF EDGEWATER, ACTING
THROUGH ITS EMPLOYEES. DEPARTMENTS. BOARDS COUNCIL.
(B) THE SUCCESSFUL BIDDER (ALSO REFERRED TO HEREIN AS "VENDOR"). BY
SUBMITTING THE BID FURNISHES THE FOLLOWING WARRANTY AS PROVIDED BELOW:
(1) VENDOR WARRANTS THAT THE GOODS DELIVERED ARE NEWLY
MANUFACTURED. FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND
CONFORM IN EVERY RESPECT TO CITY'S SPECIFICATIONS. VENDOR ALSO
WARRANTS THAT IF, DURING THE WARRANTY PERIOD. ALL OR ANY PORTION OF
THE GOODS: (A) FAIL FOR ANY REASON, (B) ARE DISCOVERED TO BE NON-
CONFORMING, OR (C) ARE DEFECTIVE IN MATERIALS OR WORKMANSHIP,
VENDOR WILL REPLACE SUCH FAILED. NON-CONFORMING OR DEFECTIVE
GOODS AT NO COST TO CITY WITHIN THE SAME TIME LIMIT AS THE DELIVERY
PERIOD. THIS WARRANTY SHALL RUN FROM DATE OF OFFICIAL ACCEPTANCE OF
THE GOODS BY CITY. WHICH DATE IS EITHER THE INSTALLATION DATE OR IN-
SERVICE DATE AS SHOWN ON CITY RECORDS OR THE DATE OF FORMAL
ACCEPTANCE OF THE GOODS IN WRITING BY AN AUTHORIZED CITY OFFICIAL,
WHICHEVER OCCURS FIRST. AND END ONE (1) YEAR AFTER THE DATE OF THE
OFFICIAL ACCEPTANCE. THIS WARRANTY SHALL BE UNCONDITIONAL. EXCEPT
24
THAT IT SHALL NOT APPLY TO OBVIOUS ABUSE, MISUSE OR DAMAGE CAUSED BY
CITY.
(2) AS BETWEEN VENDOR AND CITY, THE EXPRESS WARRANTY GIVEN IN
SUBPARAGRAPH (B) (1) IS IN LIEU OF ANY OTHER EXPRESS WARRANTIES.
SHOULD THIS WARRANTY FAIL OF ITS ESSENTIAL PURPOSE. CITY WILL
CONTINUE TO HAVE RECOURSE UNDER APPLICABLE FLORIDA LAW. THIS
WARRANTY IS INTENDED FOR THE EXCLUSIVE BENEFIT OF THE CITY AND DOES
NOT CREATE ANY WARRANTIES (EXPRESS OR IMPLIED) OR CAUSES OF ACTION
IN FAVOR OF ANY THIRD PARTIES-
j3) IF A MANUFACTURER OF THE GOODS OR OF COMPONENT PARTS OF THE
GOODS PROVIDES A SPECIAL OR INDEPENDENT WARRANTY WHICH IS LONGER
THAN THE PERIOD PROVIDED FOR THIS WARRANTY, OR WHICH PROVIDES
TERMS MORE FAVORABLE TO CITY THAN THOSE CONTAINED IN THIS WARRANTY
AS TO ANY OTHER PROVISION,THE PROVISIONS OF THIS WARRANTY SHALL NOT
BE CONSTRUED TO DIMINISH OR CONFLICT WITH THE SPECIAL OR INDEPENDENT
WARRANTY GIVEN BY SUCH MANUFACTURER.
(C) THE SUCCESSFUL BIDDER BY SUBMITTING THE BID AGREES TO_GIVE THE
FOLLOWING INDEMNITY WITH RESPECT TO THE GOODS:
VENDOR SHALL DEFEND, INDEMNIFY ANDSAVE HARMLESS CITY ITS OFFICERS.
AGENTS AND EMPLOYEES, FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY
CHARACTER, TYPE OR DESCRIPTION BROUGHT OR MADE ON ACCOUNT OF ANY
PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM
FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON
OR PERSONS. ARISING OUT OF OR OCCASIONED BY ANY BREACH OF ANY
WARRANTY, EXPRESS OR IMPLIED, AS TO THE GOODS OR THE FAULT OF
SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACT. PURCHASE
ORDER PRICE AGREEMENT: PROVIDED. HOWEVER,.__THAT THIS INDEMNITY
SHALL NOT APPLY TO ANY PERSONAL INJURY INCLUDING (INCLUDING DEATH),
PROPERTY DAMAGE OR OTHER HARM CAUSED SOLELY BY THE NEGLIGENT USE,
MISUSE OR ABUSE OF THE GOODS BY CITY, OR CAUSED SOLELY BY ANY
NEGLIGENT ACT OR OMISSION OF CITY UNRELATED TO THE USE OF THE GOODS.
IN THE EVENT OF JOINT OR CONCURRING RESPONSIBILITY OF VENDOR AND
CITY. RESPONSIBILITY AND INDEMNITY. IF ANY SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA.
WITHOUT, HOWEVER. WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO
THE CITY UNDER FLORIDA LAW. THIS PROVISION SHALL NOT BE CONSTRUED
FOR THE BENEFIT OF ANY THIRD PARTY. NOR DOES IT CREATE OR GRANT ANY
RIGHT OR CAUSE OF ACTION IN FAVOR OF ANY THIRD PARTY AGAINST CITY OR
VENDOR, THIS PROVISION BEING SOLELY INTENDED TO PROVIDE FOR
INDEMNIFICATION OF CITY FROM LIABILITY FOR DAMAGE TO THIRD PERSONS OR
PROPERTY AS SET FORTH IN THIS PARAGRAPH.
SECTION VIII
COMPETITIVE PROCUREMENT
25
PURPOSE: The City will make award to the proposal that meets the requirements and
criteria set forth in the solicitation and whose award will, in the opinion of the City, are in the
best interest of the City. Proposals shall be evaluated based on the requirements set forth
in the solicitation. Criteria that will affect the price should be considered in the evaluation,
and shall be objectively measurable, such as financial capability, references, discounts,
transportation costs, past performance, total or life cycle costs and overall responsiveness
of the submittal. No criteria should be used in the evaluation that is not set forth in the
solicitation.
Factors to be considered in determining whether the standard of responsibility has been met
include whether, in the City's determination, a prospective vendor/contractor has:
(1) appropriate financial, material, equipment, facility, and personnel resources,
experience, knowledge, and expertise, or the ability to obtain them, necessary to
indicate its capability to meet all contractual requirements;
(2) -a satisfactory record of performance on similar projects;
(3) a satisfactory record of integrity;
(4) qualified legally to contract with the City; and
(5) supplied all necessary information in connection with the inquiry concerning
responsibility including but not limited to any licenses, permits, insurance, price
sheets or required organizational papers.
The solicitation for Proposals shall state the relative importance of price and other
evaluation factors. Award can be made to the most responsive, responsible offeror whose
proposal is determined to be the most advantageous to the City in accordance with the
evaluation criteria contained in the Proposal.
Evaluation of Proposals(Procedure):
The City's procedure for selecting is as follows:
1. The City Manager shall approve an Evaluation Committee to review all proposals
submitted in accordance with Statute. At a minimum there will be one member of
the Finance Department as part of the evaluation committee. Plus there shall be a
minimum of three members of the committee, but always an odd number.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Accounting Technician and Project
Manager shall review the proposals received and verify whether each proposal
appears to be minimally responsive to the requirements of the published RFP. In
instances where both the Accounting Technician and Project Manager be
appointed to the committee as voting members, such meetings shall be conducted
in accordance with Florida's Sunshine Law and the City Clerk shall publicly post
prior notice of such meeting in the lobby of the City Hall at least one (1) day in
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advance of all such meetings.
4. The committee members shall review each Proposal individually and score each
proposal based on the evaluation criteria stated herein.
5. Prior to the first meeting of the evaluation committee, the City Clerk will post a
notice announcing the date, time and place of the first committee meeting. Said
notice shall be posted in the lobby of the City Hall not less than three (3) working
days prior to the meeting. The City Clerk shall also post prior notice of all
subsequent committee meetings and shall endeavor to post such notices at least
one(1) day in advance of all subsequent meetings.
6. The committee will compile individual rankings, based on the evaluation criteria as
stated herein, for each proposal to determine committee recommendations. The
committee may at their discretion, schedule presentations or demonstrations from
the top-ranked firm(s), make site visits, and obtain guidance from third party subject
matter experts. The final recommendation will be decided based on review of
scores and consensus of committee.
SECTION IX
PROFESSIONAL SERVICES
CONSULTANT'S COMPETITION NEGOTIATION ACT(CCNA)
PURPOSE: All requirements for CCNA Professional Services, as defined in Chapter
I 287.055, Florida Statutes, or 40 USC 1101-1104 (Brooks Act) for federal-aid contracts shall
be publicly advertised once in a newspaper of general paid circulation or as otherwise
indicated in Florida Statutes or Federal Statutes. Allowable exceptions to public
advertisement include:
(a) Projects involving a public emergency, pursuant to Section IV of the Purchasing
Policy.
(b) When the basic construction of the completed project is estimated to be less then
TWO HUNDRED-FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) or defined
as category five in Florida Statutes, Section 287.017,whichever is greater.
(c) When the fee for professional services for a planning or study activity is estimated to
be less than TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) or
defined as category two in Florida Statutes, Section 287.017, or as may be amended,
whichever is greater.
The Project Manager for acquisition of professional and consultant services under an RFQ
(Request for Qualifications) should suggest recommendations for appointment of
evaluation committee members who have knowledge and interest in the project. The
Evaluation Committee should consist of: Department Head or designee, Project Manager
and a staff member outside the requesting Department. The City Attorney's office may
also provide a representative who shall participate in an advisory capacity as a non-voting
member. The Finance Director or designee shall chair the meetings and will be a non-
voting member. The City's policy and procedures concerning the evaluation process will
be followed.
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The Evaluation Committee shall determine specific qualifications necessary for the project
consultant and specify the form for submittal of qualifications by prospective consultants.
For publicly announced requirements, the Department/Division/Office will provide the
Finance Department a RFQ request and scope of services, evaluation criteria and the
Finance Department will publish the notice in a newspaper of general circulation and shall
indicate how interested consultants may apply for consideration. Trade journals or trade
magazines may also be utilized for public advertisement for consultant services.
Purchasing will administer the opening of the proposals and the selection/negotiation
committee meetings.
Florida Statutes require reasonable notice to the public, such as the evaluation/negotiating
sessions with consultants. The notice will include the committee's name and purpose,
location of meeting, date and time of meeting, and shall be posted 72 hours in advance of
the meetings. A copy of the meeting notice shall be posted in City Hall. Part of the notice
of public meeting shall include the statement: "Persons with disabilities needing assis-
tance to participate in any of these proceedings should contact the City Clerk, 48 hours in
advance of the meeting". The Chairman of the meeting will ensure a record of the
meeting is maintained, either through a written or recorded method or in accordance with
the Public Records Law of the State of Florida.
The City shall make a finding that the firm or individual to be employed is duly qualified to
render the required service. The Evaluation Committee shall review statements of
qualification and performance data submitted in response to the public announcement and
shall select, in order of preference, no fewer than three (3) firms deemed to be the most
highly qualified, if at least three (3) firms respond to the announcement. If there are less
than three (3) firms responding and after due diligence and searching it is decided every
effort was made to meet Florida Statute 287.055, the City will interview all respondents
and proceed with the evaluation process. If less than three (3) firms responded for a
federal-aid contract re-advertisement will be required. Consultant evaluation criteria shall
include, but may not be limited to: approach to work, the ability of professional personnel;
whether a firm is a-eett+fied-r 4jner+ty business-eoterpr+se; past performance; willingness to
meet time and budget requirements; location of no more than 10 percent may be used;
recent, current and projected workloads; and volume of work previously awarded to the
firm by the City, with the object of effecting an equitable distribution of contracts among
qualified firms, provided such equitable distribution does not violate the principle of
selection of the most highly qualified firms.
The Evaluation Committee may conduct some type of public discussions with and may
require public presentations by a minimum of threetwo (23) firms (if-two--ftr s--submitted)
pertaining to the firms' qualifications, approach to the project, and ability to furnish the
required service for federal-aid contracts. Each evaluation committee member will review
the statement of qualifications submitted by each firm and will evaluate each firm's
qualifications utilizing the Professional Services Evaluation Form containing the specific
evaluation criteria established for each RFQ which will approximately resemble the
attached PSEF form. The scores of the committee members will be added to determine
the ranking of the firms (first,_second, third) public presentations by firms are not
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conducted, the ranking established during the"short list" phase, which includes discussion
with the minimum of three(3)firms,will be the ranking order of the firms.
The committee shall maintain the summary listing of the rank order of the firms being
evaluated, present their recommendations of the three (3) most qualified firms to the
Council, if at least three firms respond to the announcement, and request the Council to
approve the ranking and to authorize staff to negotiate a contract with the top firm.
The Department Director, Finance Director and City Manager shall appoint the negotiating
committee. The negotiating committee will consist of essentially the same personnel as
the evaluation committee to the extent possible. The committee shall be comprised of the
Department Head or designee, the Project Manager and at least one staff member of City
government having knowledge and interest in the project. Upon Council direction, the
negotiating committee shall negotiate a contract with the most qualified firm for
professional services for compensation, which is determined to be fair, competitive and
reasonable.
Detailed discussions must be held by the firm and the City to clearly establish the scope of
the project and the exact services to be performed by the Consultant. The committee shall
negotiate a contract for professional services with the most qualified firm at a
compensation, which the City determines is fair, competitive and reasonable. In making
such determination, the City shall conduct a detailed analysis of the cost of the
professional services required in addition to considering their scope and complexity.
Should the City be unable to negotiate a satisfactory contract with the firm considered to
be the most qualified at a price the City determines to be fair, competitive and reasonable,
negotiations with that firm must be formally terminated. The City shall then undertake
negotiations with the second most qualified. Failing accord with the second most qualified
firm, the City must terminate negotiations. The City shall then undertake negotiations with
the third most qualified firm.
Should the City be unable to negotiate a satisfactory contract with any of the selected
firms, the City shall select additional firms in the order of their competence and
qualification and continue negotiations in accordance with the prior requirements until an
agreement is reached
For all lump-sum or cost-plus fixed fee contracts of ONE HUNDRED FIFTY THOUSAND
AND 00/100 DOLLARS ($150,000.00) or defined as category IV in Florida Statutes
Section 287.017, whichever is greater, the firm awarded the contract must execute a truth-
in-negotiation certificate stating that the wage rates and other factual unit costs are
accurate, complete, and current, at the time of contracting. Any contract requiring this
certificate shall contain a provision that the original contract price and any additions shall
be adjusted to exclude any significant sums by which the City determines the contract
price was increased due to inaccurate, incomplete, or non-current wage rates and other
factual unit costs. All such contract adjustments shall be made within one year following
the end of the contract.
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SECTION X
PROCEDURES FOR MULTIPLE
CONSULTANTS UNDER COMPETITIVE CONSULTANT NEGOTIATION ACT(CCNA)
PURPOSE: To set standards as to how scopes can be split between those services
within the scope of practice as defined by the laws of Chapter 287.055, Florida Statutes.
The Selection Process described below will be followed to select a consultant when
awarding master agreements under continuing contracts when multiple qualified
consultants are under contract with the City. Whenever possible, the objective is to
distribute the work equally amongst the consultants under contract. Equal distribution of
the work will be measured by the dollar value of the work awarded; such that each
consultant gets (if work requirements permits) an equal share of the total dollars spent
annually on the Master Agreements.
1. Selection Process:
When dealing with multiple consultants under a CCNA Master Agreement, the
Department, responsible for the project, will select only one of the consultants to solicit for
a proposal when criteria items a. or b. apply. On projects where criteria a. or b. do not
apply, the Department, responsible for the project, will prepare a scope of work document
that Finance will use to solicit sealed proposals from the qualified consultants under
contract with the City for the specified type of work. The following criteria items c. through
g., in order of acceptance, will be used to determine which consultant will be awarded the
work:
a. Specific and unique technical expertise not available from any of the other
consultants under contract. This criterion will not apply to all master agreements.
b. Maintain project continuity. This criterion will not apply to all master agreements.
c. Past performance on previous City work.
d. Availability of resources to undertake assignment.
e. Willingness to meet time and budget requirements.
f. Distribution of dollars awarded to date under the Master Agreement with the object
of effecting an equitable distribution of contracts among qualified firms, provided
such distribution does not violate the principle of selection of the most qualified
firms.
g. If the consultant does not choose to participate, the City will select another
consultant using the criteria in paragraphs(a-f) above.
When multiple sealed proposals are solicited, the Department responsible for the project
shall evaluate the sealed proposals in accordance with the above criteria and select one of
the consultants to perform the work.
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2. Generating the Master Agreement:
The Department, responsible for the project (User Department), must send a Request for
Service/Proposal to the consultant selected (as provided herein) or Finance must send (as
provided herein) a Request for Service/Proposal to the multiple consultants under
contract. The request asks for a technical memorandum/scope of services and a fee
proposal. The Request for Proposal must include:
a. Statement of Work - The statement of work will provide each consultant with a
complete description of the requirement enabling them to prepare a proposal with
valid man-hours. The City may ask the consultant for solutions and to identify
unacceptable conditions.
b. Elements - The minimum required elements are the purpose and brief description
of the project; description of the work/service to be performed; the location(s)where
the work/service is to be performed; the basis for determining the award of the
Master Agreement; a contact person for the City for questions or clarifications
including the telephone number and the extension number; and what is the required
delivery date or period of performance. Any questions or clarifications given must
be forwarded to all consultants.
c. Submittal - The User Department or Finance Department must indicate when the
proposal is due back to the City. Be very specific of when and where the proposal is
to be delivered, indicating that if the City does not receive the submittal on time, the
City understands the consultant has chosen not to participate in the process for that
particular project.
d. Additional information - If additional information is available for the consultant's
review and consideration, please indicate the location of those documents and the
contact person including telephone number and extension number.
e. Meeting/Site Visit - If a meeting and/or a site visit are necessary to discuss the
project, please indicate the location,time and date of the meeting.
3. The consultant shall submit the following in response to the City's Request for
Proposal:
a. Detailed Scope of Work and Services—The Detailed Scope of Work and Services
shall specifically address each aspect of the project and tell in detail how the
consultant will accomplish the work. Provide a schedule that, as a minimum shall
include a list of milestones and a schedule for completion. Each milestone task
must be described in sufficient detail for the Department to evaluate the
consultant's understanding of the project and action plan for completion.
b. Fee Proposal — The Fee Proposal shall include as a minimum the level of effort
proposed to support the work. This should include a list of man-hours by staff
position and the contracted hourly rate for that position. The hourly rate should
match the hourly rate included in the Master Agreement, unless the hourly rate is
negotiated to a lower rate. Any subcontracted effort must be included in the
proposal and supported by a matching fee proposal.
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c. Acceptability of Proposal from the selected consultant-The proposal received from
the selected consultant must be acceptable to the City. Criteria to consider when
determining the acceptability may include understanding requirements, technical
approach, innovative techniques or solutions, management approach, proposed fee
and the ability to meet cost or time constraints. The User Department will determine
the acceptability criteria for the Master Agreement.
4. If the proposal is found to be unacceptable as submitted, the City will continue
to negotiate with the selected consultant until an acceptable resolution is
obtained.
a. If the proposal as submitted is not fully acceptable, but could become acceptable
with relatively minor changes to the scope of services, proposed fee schedule or
fee proposal, then the Department will enter into discussions with the consultant to
refine the proposal making it acceptable. Based on those discussions, the
consultant must submit a revised proposal, which the City finds fully acceptable.
b. If the proposal as submitted is so unacceptable that it can not be made acceptable
without major modifications to either the technical scope of services, the proposed
fee, or the proposed schedule, then the City has the option to formally terminate
negotiations with the consultant and enter into negotiations with the next qualified
consultant for the project, and so on, or re-solicit proposals.
5. The User Department must provide copies of all documentation to the Finance
Department including:
a. Request for scope of work and services and fee proposal;
b. Originals of the consultant's submittals;
c. Determination of acceptability and recommendation for award (master agreement
request form);
d. Prepare Council Agenda Request(CAR)for awards greater than $15,000.00.
SECTION XI
PROCUREMENT OF DESIGN-BUILD AND/OR
DESIGN-BUILD OPERATE SERVICES
PURPOSE: Pursuant to§287.055(9), Fla. Stat. (2007), the following procedures shall be
followed in selecting firms when design-build or design-build-operate services are sought
by the City. Definitions contained in § 287.055(2), Fla. Stat. (2007), have the same
meaning in this part except "project". "Project" shall mean a fixed capital outlay project
described in the public notice including individual facilities; grouping of facilities; and
rehabilitation and renovation activities.
1. Selection of the Design-Criteria Professional
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A design criteria professional shall be selected and contracted with pursuant to §
287.055, Fla. Stat. (2007) or otherwise currently be under contract or employed by the
City. The design criteria professional will not be eligible to render services under
design-build or design-build-operate contracts executed pursuant to the design criteria
package. The design criteria professional may be required to evaluate qualifications
and proposals submitted by firms, review detailed working drawings for the project, and
evaluate project construction for compliance with the design criteria package.
2. Design Criteria Package
The design criteria professional shall prepare a design criteria package on behalf of the
City. The purpose of the design criteria package is to provide sufficient information
upon which firms may prepare proposals or upon which negotiations may be based.
The firm to whom the contract is awarded will be responsible for creation of the project
design based on the criteria in the design criteria package.
3. Minimum Qualifications for Firms Providing Design-Build Services
Firms seeking to provide design-build or design-build-operate services shall be:
a. Certified under§489.119, Fla. Stat. (2007), to engage in contracting through
a certified or registered general contractor or a certified or registered building
contractor as the qualifying agent; and
b. Certified under§471.023, Fla. Stat. (2007), to practice or to offer to practice
engineering; or certified under § 481.219, Fla. Stat. (2007), to practice or to
offer to practice architecture; or certified under § 481.319, Fla. Stat. (2007),
to practice or to offer to practice landscape architecture.
4. Request for Qualifications
a. The City shall give public notice of each instance in which professional
services are being sought for a design-build or design-build-operate project,
providing a general description of the project and requesting qualifications
from firms. The notice shall be published in appropriate publications as
determined based upon the type of project.
b. A firm desiring to provide design-build or design-build-operate services for a
project shall timely submit a letter of interest to the City, which shall include
the following: qualifications, availability and past work. Along with its
qualifications, the design-build firm shall file a sworn statement pursuant to§
287.133, Fla. Stat. (2007).
5. Qualification of Firms
The City shall determine the relative ability of each interested firm to perform the
services required for the project based on the factors set forth in Section XI (3) above.
After reviewing the letters of interest, the City shall select no less than three firms
deemed to be most highly qualified to provide the required services and request those
firms to provide proposals for the project.
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6. Proposal Selection
a. Only firms selected as most qualified will be notified by mail by the City to
submit sealed proposals. Firms not selected will be notified by mail.
b. Pursuant to the request for proposals, each selected firm shall timely submit
its sealed proposal to the City for evaluation. The proposal shall be based on
the criteria in the request for proposal and design-build or design-build-
operate package.
c. The City shall evaluate each firm's proposal based on price and technical
and design aspects of the project. The evaluation process shall be based on
criteria and procedures established prior to the solicitation of competitive
proposals.
d. Where further clarification of proposals or additional information is needed,
the City shall require informational presentations by the selected firms.
e. The City shall designate and rank not less than three firms, in order of
preference, whose proposals the City deems to be most advantageous,
having taken into consideration the evaluation criteria and the Proposer's
responsiveness to the request for proposals. A notice of intended action
shall be provided by mail to the selected firms.
7. Competitive Negotiations
a. The City shall begin contract negotiations with the designated firms in order
of rank for fair, competitive and reasonable compensation.
b. Should negotiations with the most highly ranked firm prove unsuccessful, as
determined by the City or designee, negotiations with that firm shall cease
and negotiations shall begin with the next most highly ranked firm.
Negotiations shall continue in accordance with this section until an
agreement is reached. The City or designee is authorized to award the
contract.
c. If a satisfactory agreement is not reached with any of the designated firms,
the City will either:
1. Designate and rank additional responding firms, in order of preference,
for competitive negotiations pursuant to (1) and (2) above;
2. Republish the request for qualifications, with any appropriate
modifications; or
3. Abandon the process entirely.
8. Rejection of Proposals
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a. The City reserves the right to reject any and all proposals, provided such
action is done in good faith, and is not arbitrary and capricious.
b. If the City finds it necessary to reject all the proposals, a written statement to
this effect shall be placed in the proposal file and the Proposers shall be
notified. The City may then republish the request for qualifications, with any
appropriate modifications. Any interested firm will have the opportunity to
submit or resubmit its qualifications to the City for consideration.
9. Emergency Procurement of Design-Build Services
If the City determines in writing that an immediate danger to the public health, safety,
welfare or other substantial loss to the public requires emergency action, the City may
proceed with the procurement of the design-build services without competition.
10.Reuse of Plans
When the City reuses existing design criteria packages and resulting plans from a prior
project, the requirements of this subpart shall not be applicable.
11.Alternative Procedure for Procurement of Design-Build or Design-Build-Operate
Services
In lieu of the policies contained herein, the City may engage in a qualifications-based
selection process for design-build or design-build-operate services as set forth in
section 287.055(9)(c). This alternative process would allow the City to issue a request
for qualifications without price, to rank the respondents and to begin negotiations with
the top ranked respondent. The selected firm would then establish a guaranteed
maximum price and guaranteed completion date. Should the City elect this alternative
process, it shall be made clear in the original solicitation.
SECTION XII
EVALUATION OF PROPOSALS AND RECOMMENDATION FOR AWARD
PURPOSE: Once the proposals have been opened, an Evaluation Committee or
Technical Reviewer must evaluate them. The Finance Department must be present at
each evaluation meeting and shall chair the Evaluation Committee. The Evaluation
Committee is structured to provide the skills necessary for the particular project being
evaluated. Certain procurement actions may require a technical review, which may be
conducted at the discretion of the Department Head. To the extent a Technical Review is
needed, they shall comply with the Sunshine Law and Public Records requirements.
Additional skills required for evaluation may include engineering, general business, legal,
or information technology. The Evaluation Committee as a whole will meet to arrive at a
recommendation for award. When the Department or Technical Reviewer responsible for
the project prepares recommendation, the tabulation sheet must be included with the
recommendation of award. Once all the steps above are completed, the contract will be
prepared and the Council Agenda Request must be written, if necessary.
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Evaluation Committee meetings must comply with the State of Florida's Sunshine and
Public Records Laws. Reasonable notice of the date, time and place of the meeting must
be given. The meeting should be recorded, when possible. If not recorded, minutes must
be taken by the person chairing the meeting. At the meeting, the committee members
must return all required forms such as the Conflict of Interest Statements and individuals
or group evaluation forms and any other pertinent data as necessary for the evaluation of
the project.
1. The evaluation process is a key function in the selection of a quality
contractor/consultant. It is very important that this process be conducted in a
professional and consistent manner; therefore team members need to be flexible
and available for all meetings during the evaluation/review process, including
demonstrations and presentations. City employees that are nominated to serve on
an Evaluation Committee will follow these guidelines and procedures. The
Evaluation committee shall review the proposals for references, responsiveness
and responsibility of submittals. The Evaluation Committee evaluates the
submittals against the established evaluation criteria stated in the solicitation.
Evaluation Committee meetings are considered "open meetings" under the
Government-in-the-Sunshine Law and must be open, notice posted and minutes
taken.
2. For all Proposals, CCNA and special projects, if the procurement has a value of
$250,000.00 or more per year, then the Department Director must be a member.
3. For contracts awarded under the State of Florida's Consultants' Competitive
Negotiation Act (CCNA): This formal evaluation process will identify the firms that
best meet our requirements in accordance with the evaluation criteria stated in the
solicitation. The Evaluation process requires a review of all proposals
independently against the established evaluation criteria as stated in the
solicitation. The Finance Department will supply the evaluation criteria as stated in
the solicitation. The evaluation sheets shall include comments of the strengths,
weaknesses and deficiencies of each proposal that support the staff
recommendation. The Evaluation Committee shall evaluate statements of
qualifications and performance and shall conduct discussions with and may require
public presentations by no fewer than three most highly qualified firms (if more than
three firms) selected in order of preference. Each evaluation committee member
will review the statement of qualifications submitted by each firm and will evaluate
each firm's qualifications utilizing the Professional Services Evaluation Form
containing the specific evaluation criteria established for each RFQ which will
approximately resemble the attached PSEF form. The scores of the committee
members will be added to determine the ranking of the firms (first, second, third).
The evaluation sheets will be included in the backup of the agenda or a tabulation
form displaying the scores of all committee members can be submitted instead of
individual sheets. If public presentations by firms are not conducted, the ranking
established during the "short list" phase, which includes discussion with the
minimum of three (3) firms, will be the ranking order of the firms.
4. Request for Proposal (RFPs) (Non-CCNA): This process is similar to the above. It
includes a price/cost evaluation that the Finance Department will provide as part of
the overall evaluation. The method of award must be stated in the solicitation and
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may be of two types; low price technically acceptable or best value. For low price
technically acceptable process, the evaluation process will start with the lowest
proposal to determine if they are technically qualified. If not, then proceed to the
next low until an acceptable proposal is found. A pass/fail or yes/no evaluation is
required to determine if the proposal meets the technical requirements. For Best
value process or an award to other than the lowest price, the team must evaluate
all proposals and document the advantages of the recommended firm to support
the best value recommendation. The documentation must specifically address why
the recommended award is worth the added cost over the lowest(or lower) price(s).
The evaluation sheets that support the best value justification will be part of the
backup documents.
• Method of evaluations: There are two approved methods of evaluations to be used:
- Weight(points) system, can be a two-step process
- Rating (adjectival)system can be a two-step process.
5. The Evaluation Committee Leader is responsible for ensuring the Evaluation
Committee performs Past Performance or Reference checks, and guiding the team
to a consensus recommendation. The Finance Department will monitor the
evaluation process and provide guidance at the start of each formal evaluation. If
requested, training on the evaluation process can be provided to the team with little
or no previous evaluation experience. The Finance Department will review forms
for completeness and compliance with the policy. Any forms that are not properly
filled out or which lack appropriate comments or documentation to support the
award recommendation may result in the delay of the award recommendation.
Each team member must be thoroughly familiar with the contents of each proposal
and the requirements of the evaluation criteria in the solicitation. Team members
should evaluate each proposal on its own merits and in accordance with the
requirements stated in the solicitation. At the Evaluation Committee meeting, team
members will work towards reaching consensus and will submit a single
recommendation for proceeding. The Evaluation Committee Leader, with
assistance from the Finance Department Staff,will guide the team's deliberations.
6. List the Strengths,Weaknesses and Deficiencies using the following guidelines:
- Strengths: Those areas in which the proposal meets or exceeds the City's
requirements.
- Weaknesses: Those areas where the proposal lacks soundness or
effectiveness, which could prevent fully successful performance of the
contract.
- Deficiencies: Those areas where the proposal fails to meet the City's
requirements.
These strengths, weaknesses and deficiencies can be used in the negotiations,
presentations and discussions during the second step of the two-step process. The
Finance Department is responsible for performing a cost or price analysis on each
solicitation. The analysis will include a determination of fair and reasonable price for the
recommended award. The price/cost proposal of the RFP should be evaluated by the
Finance Department personnel using the following ratio:
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The lowest price proposal receives the maximum points or is rated highly acceptable.
Divide the next vendor's price by the lowest to receive a percentage and multiply this
percentage by the weights to determine the next score.
EXAMPLE:
VENDOR PROPOSED % MULTI- WEIGHT EQUALS WEIGHTED
PRICE PLY (POINTS) SCORE***
A $40,000 85%** X 30; (H/A=4) = 26(3.4=A)
B $37,500 90%* X 30; (H/A=4) = 27 (3.6= H/A)
C $33,900 100% X 30; (H/A=4) = 30(4.0= H/A)
* Vendor"B" percentage is$33,900_$37,500= 90%X 30 or(4)=27 or(3.6)
** Vendor"A" percentage is$33,900±$40,000=85%X 30 or(4) =26 or(3.4)
***Weighted score should be rounded to the nearest whole number.
Highly Acceptable (H/A) =4
Acceptable(A) =3
Marginal (M) =2
Unacceptable(U) =0
If the contract is based upon various hourly rates or level of effort, the Specialist must
make some assumption based upon anticipated usage or historical data. This estimated
cost must be analyzed using the above process or if developed in the RFP a way to utilize
the rates as benchmark.
Presentations and interviews must comply with the State of Florida's Sunshine and Public
Records Laws. The meeting should be recorded, when possible. If not recorded, minutes
must be taken by the person chairing the meeting. If presentations are necessary, the
details of the presentations must be discussed such as time for each presentations and
the overall schedule. Once the information is collected and compiled, the ranking must be
established. The Tabulation Form must be updated and posted in DemandStar.
Once the short listed firms have been identified, staff must ensure compliance with the
following process:
• Notify the Consultants by mail/fax or e-mail of the City's determination. The firms
must be notified within the next two (2) days of the Evaluation Committee meeting.
The notification shall include details of the interviews/presentations including but
not limited to the following:
- Date and time of the interview/presentations.
- Location of the meeting.
- Time allotted for each firm.
- Additional information if requested by the Evaluation Committee.
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• Finance will coordinate the schedule of the interviews/presentations with the
Evaluation Committee meeting and when applicable will send invitations via e-mail.
• Interviews/Presentations forms must be sent to the User Department requesting
information for the evaluation of the firms.
• Prior to the date of the interviews/presentations, staff must ensure that the
evaluation forms and the sign-in sheet forms are completed and available for each
member of the Evaluation Committee. There must be a sign-in form for each of the
firms presenting.
SECTION XIII
BONDS AND BID SECURITY
PURPOSE: The Finance Department is responsible for insuring that any required surety
bonds are maintained. Before commencing work on the construction of a public building or
repairs upon a public building or public work, the contractor shall deliver to the City a
payment and performance bond which will be recorded in the public records of the City.
The bonds must state the name and principal business address for both the principal and
the surety and must contain a description of the project sufficient to identify it.
Requirement for Bid Security: Bid security shall be required for all competitive sealed
bidding for capital improvement construction contracts when the price is estimated to
exceed ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) or when the
City Manager or designee deem appropriate. Bid security shall be an original bond
provided by a surety company authorized to do business in the State of Florida or the
equivalent in the form of a cashiers or certified check. The City Manager may require bid
security for other types of bids and Request for Proposals(RFPs). Amount of Bid Security
shall be indicated in the Contract Documents. When the Invitation for Bids (IFBs) or RFPs
requires security, noncompliance requires that the bid be rejected.
As determined by the Finance Director or designee or mandated by Florida Statutes, the
following bonds or security shall be delivered to the City and shall become binding on the
parties upon the execution of the contract:
(1) A performance bond satisfactory to the City, executed by a surety company
authorized to do business in the State of Florida or otherwise secured in a manner
satisfactory to the City, in an amount equal to one hundred percent (100%) of the price
specified in the contract.
(2) A payment bond satisfactory to the City, executed by a surety company
authorized to do business in the State of Florida or otherwise secured in a manner
satisfactory to the City, for the protection of all persons supplying labor and material to the
contractor or its subcontractors for the performance of the work provided for in the
contract. The bond shall be in an amount equal to one hundred percent (100%) of the
price specified in the contract.
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Nothing in this Section shall be construed to limit the authority of the City to require a
performance bond or other security in addition to those bonds or in circumstances other
than specified in this Section.
SECTION XIV
CONTRACTS AND CONTRACT PROCESSING
PURPOSE: The City contracts for a varied number of services and products. Formal
contracts attest to definitive detailed obligations of goods, services and/or payments of
monies between the City and others, as approved by the City Council or as delegated by
the City Council via formal action or ordinance. Contracts will be issued in conjunction with
either a blanket or inverted purchase order, which will be used as the payment tool for the
contract.
DEFINITION:A written or oral agreement between two or more competent parties that
defines a job or service to be performed and which is legally enforceable.
WHEN PREPARED: Contracts are prepared after a recommendation of award of a bid,
proposal or quotation is received, or in absence of competition, prior to approval by the City
Council or City Manager, as appropriate. Contract time will be based on engineers
estimates and mutually agreed upon by both the City and the successful bidder during
contract negotiations. If it is a federal-aid contract the federal-aid agency ,providing
funding may provide input into contract time for the project.
HOW PREPARED: The Finance Department will prepare and coordinate contract activity,
including contract preparation; legal reviews; contract amendments; renewals; contract
change order preparation, or review if prepared by the City's consultant; change order
processing; notice to proceed; pay request review and processing for inverted purchase
orders, unless delegated, and any other activity as determined by the City Manager.
PROCEDURE: All requests for contract preparation will be sent to the Finance Department.
The dollar thresholds for procurements will be followed unless exempted by code, ordinance
or prior Council approval. Contracts with no dollar value will be signed by the City Manager
unless he wishes to have Council approve.
A draft contract will be prepared by the Finance Department and sent for review to the
Contractor, City Attorney and the requesting department. If required, the Finance
Department will submit a Report to Council for the approval of the contract. All review
comments will be routed to the Finance Department. The contract will be revised and two
copies will be routed for signature from the following parties:
Contractor
Department Head
Finance Director
City Attorney
City Manager
Mayor(if applicable).
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The City Clerk will ensure the Mayor's signature is obtained as required. The City Clerk will
then sign and affix the City seal. The City Clerk will return the documents to Finance
Department for distribution. Distribution of the original contract is as follows: Vendor, City
Department, City Clerk and Finance Department. If multiple departments require the
document, copies will be made and distributed to departments. If the contract involves the
collection of revenue, the Finance Department receives two copies of the contract. The City
Clerk will record and retain all officially approved and executed original contract documents.
RESPONSIBILITY: The affected department will monitor the contract for compliance with
terms and conditions of the contract. The Finance Department will monitor contracts for
procedural, legal and statutory compliance, and to assist in dispute resolution.
SECTION XV
PURCHASES NOT REQUIRING BIDS
PURPOSE: This section defines the limitations of purchasing without solicitation.
Authorization for purchase of these items will follow the threshold approval authority as
outlined in this Policy.
SOLE SOURCE AND PROPRIETY SOURCE: The following criteria must be met in order
to satisfy the sole source or proprietary source requirement:
a. It is the only item that will produce the desired results (or fulfill the specific need)
_Or
b. The item is available from only one source of supply ... or
c. The item is available from more then one vendor but due to extreme
circumstances, only one vendor is suited to provide the goods or services.
Sole source and proprietary source purchases are exempt from competitive requirements.
However, all sole source requisitions exceeding $10,000.00 in value will be electronically
advertised for a period of at least 5 business days. The steps to follow for sole source and
proprietary source purchases are as follows:
a. The User Department/Division and the Finance Department shall attempt to
locate competition. Staff will also check for piggyback contracts. If no other
sources are found, the User Department/Division shall submit to the Finance
Department a completed sole source/proprietary source form, indicating the
requisition number.
b. A sole source or proprietary source form shall be used to justify and document
the requirement. The form shall state why only one source can produce the
desired results(or fulfill the specific need).
c. The Finance Department will electronically post a description of all requisitions
meeting the requirements for competitive pricing for a period of at least seven
(7) business days after the receipt of a completed sole source form from the
department.
d. The Finance Director shall review and approve or disapprove, in writing; sole
source/proprietary source designation.
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e. The User Department/Division shall be notified of disapproved requests and the
purchase shall be made in accordance with standard procedures.
f. When the Finance Director approves a sole or proprietary source, staff shall
conduct negotiations on price, delivery, and terms. The price must be
determined fair and reasonable.
g. The Finance Department shall keep a log of sole/proprietary source purchases,
which includes the vendor name, the amount, item description, justification, and
the purchase order number.
h. For those instances that services are needed involving multiple years (i.e.
maintenance of equipment, warranty, etc.) the request must be combined to
capture the project, as a whole, and the proper approval must be obtained.
STANDARDIZATION
DEFINITION: Standardization is the process of examining characteristics and needs for
items of similar end usage and developing a single specification that will satisfy the need for
most or all purchases for that purpose. Proprietary purchases (usually components)
maintain a degree of continuity to the original or existing decor, equipment, or programs.
Where standardization is determined to be desirable by the Finance Director, the
purchase of materials, supplies and equipment and certain contractual services may be
made by negotiation.
Compatibility to existing equipment will be an acceptable justification for waiver of bidding
procedures provided the item meets the other criteria within the definition of sole source
item (i.e.; available from only one source and only item that will produce the desired
results).
COOPERATIVE PURCHASING
DEFINITION: An approach in which several organizations jointly buy selected items. They
may form or utilize a centralized buying service that purchases specified types of items for
all members of the group or cooperate informally. The resulting volume buying usually
produces significant cost savings for group members.
The Finance Director shall have the authority to join with other units of government in
cooperative purchasing ventures when the best interests of the City would be served and
the same is in accordance with City Ordinances. Purchases in any amount may be made
against established G.S.A, State of Florida, or other units of government and non-profit
organizations term contracts without bidding, provided they are in the best interest of the
City.
Purchases from the current City cooperative contracts, state term purchasing contracts, or
state university system cooperative bid agreements, and non-profit organizations, will be
an acceptable alternative procedure for bidding, providing all terms and conditions of the
contract apply.
OTHER NON-COMPETITIVE PURCHASES:
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The following items can be paid by PO, FPO, pre-payment procedures or paid
directly by Finance
• Governmental Contracts: Usage of other City resources, such as Environmental
Services for parking lot improvements, may be exempt from bidding practices,
unless competition is desired;
• Resale: Items for resale, such as those being marketed by an enterprise function,
shall be exempt from bid requirements;
• Copyrighted Materials: The purchase of educational tests, textbooks, printed
instructional materials, films, filmstrips, videotapes, disk or tape recording or similar
licensed or copyrighted audio-visual materials and computer software, periodicals,
and other copyrighted materials are exempt from competitive solicitation
requirements. This exception applies when purchased directly from the producer or
publisher, the owner of the copyright, an exclusive agent within the state, a
governmental agency or a recognized educational institution;
• Acquisition of Real Property, such as land, easements, rights-of-way, existing
buildings, structures, or improvements, resulting from negotiations and approved by
the City Council;
• Court-ordered fines and judgments, resulting from litigation;
• Exceptional disbursement as authorized by the City Council;
• Court-ordered fees, resulting from the judicial process, processed by the Clerk of
the Court, and recorded against the budget for such fees;
• Cash transfers and investment transactions for fiscal management purposes,
recorded against general ledger accounts;
• Accrued or current liabilities already charged against the budget, recorded against
general ledger accounts;
• Debt service payments charged against budgetary accounts as authorized by the
City Council;
• Postage or other delivery services;
• Utility refunds;
• Employee deduction;
• State or County license and permit renewals;
• Auto Tags;
• Refunds of current or prior year revenues charged against budgetary accounts;
• Grant disbursements to federal, state, or local government agencies, or to private
groups or agencies;
• Insurance including but not limited to liability, property, medical, and workers
compensation insurance or payments from any loss fund established for such
purpose;
• Dues and memberships in trade or professional organizations, subscriptions for
periodicals, advertisements, copyrighted material, part-time, authorized hospitality
expenses, and fees and costs of job-related travel, seminars, tuition registration
and training as allowed by the City budget;
• Legal services, expert witnesses, court reporter services, and all other related
expenses of claims and/or litigation;
• Consultant Services, other than those regulated by§287.055, Fla. Stat.;
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• Title insurance, title commitments, title searches, and ownership and encumbrance
searches; and
• Transactions by Interlocal Agreement.
GRANT FUNDED PURCHASES:
The City Council is authorized to modify the City procurement procedures in order to
comply with procurement procedures for state or federally funded grant programs
provided that no modification may be less stringent than the corresponding City
procedure unless approved by the City Council. The City Council may waive any and all
procurement regulations in order to comply with a federal or state law.
SECTION XVI
PURCHASING CARD
PURPOSE: The purchasing card program is a delegation of procurement authority by
the Finance Department to the Departments. Each Department Head must control the
proper use of his or her Department's cards.
PURCHASING CARD ADMINISTRATION: Each Department Head shall determine who
in their Department should have a City purchase card. The "Purchase Card Form" is
used to apply for a purchase card. The application must be completely filled out and
signed by the appropriate Department Head. Requests that exceed any of the
established "Cardholder Controls" must have the City Manager's approval. New
cardholders will receive training and must sign a "Cardholder Agreement" signifying they
understand and accept the responsibility associated with the purchase card.
1. MAKING CHANGES TO THE PURCHASING CARD: The "Purchase Card
Form" is also used to make changes to the purchasing card. Any changes to
"Cardholder Controls" will require the Department Head's signature approval.
Any change to"Cardholder Controls" that exceed the established amounts must
have the City Manager or designee's signature of approval. Changes to fields
other than "Cardholder Controls"can be made with only the cardholder's and the
approving official's signatures.
2. TRANSFERING THE CARD BETWEEN DEPARTMENTS: The purchasing
card can be transferred from one Department to another with the receiving
Department Manager or Department Head's approval. If an employee moves to
a new Department, the losing Department is required to notify the Finance
Department of the transfer by email. The Finance Department will verify
approval of the card transfer with the receiving department. Once approval is
received the card will be moved to the receiving department's group.
3. LOSING THE CARD ACCOUNT: If an employee leaves the City or no longer
requires a card, the Department Head is responsible for collecting the
purchasing card. The card should be cut in half once and submitted to the
Finance Department along with the "Purchase Card Form" marked to close the
account. The Finance Department will contact the issuing Bank to close the
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account. If the card cannot be collected from the terminated employee, treat the
card as a"Lost or Stolen"card and follow those procedures.
4. LOST OR STOLEN CARDS: If a card is lost or stolen, immediately notify the
issuing Bank and the Finance Department. The cardholder must also notify his
approving official.
Cardholder Spending Limits:
(1) The delegation of purchasing authority that the card provides to each
cardholder sets the maximum dollar credit limit amount per month. Each time a cardholder
makes a purchase with the card, the limit will be checked, and the authorization request will
be declined should the purchase amount exceed the available credit amount. The
maximum credit limit amount is set at TEN THOUSAND AND NO/100 DOLLARS
($10,000.00) and cannot be exceeded without the approval of the City Manager or
designee. Each cardholder's credit limit is recommended by the cardholder's supervisor on
the "Purchase Card Request Form" and must be approved by the cardholder's Department
Head and by the Purchasing Card Program Administrator. Requests for a credit limit
exceeding TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) must be justified in
writing and approved by the City Manager or designee prior to submission to the Finance
Department.
(2) The City's single transaction limit for goods is set at FIVE THOUSAND
AND NO/100 DOLLARS ($5,000.00). Single item purchases exceeding $1,000.00 but
under$5,000.00, are allowed with supporting documentation.
(3) The single transaction purchase limit is defined as the total transaction
dollar limit for a single transaction. The maximum single purchase limit is set at FIVE
THOUSAND AND NO/100 DOLLARS ($5,000.00) and cannot be exceeded without prior
coordination with the Finance Department and approved by the Finance Director. Each
cardholder's single purchase limit is recommended by the cardholder's supervisor on the
"Purchase Card Request Form" and must be approved by the cardholder's Department
Head and by the Finance Department Administrator (or designee). Finance in conjunction
with the Department may change the single transaction limit based on operation. Requests
for a single purchase limit exceeding FIVE THOUSAND AND NO/100 DOLLARS
($5,000.00) must be justified in writing and approved by the City Manager prior to
submission to the Finance Department.
(4) The City's Emergency Operation Center will designate personnel
involved during declared emergency. Limits of designated cardholders will be increased as
necessary for recovery efforts. The maximum credit limit amount is set at TWO HUNDRED
AND FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00). Purchases made with
emergency purchase cards must follow emergency purchasing procedures.
(5) Finance Department may use P-Card as a payment method to pay for
any invoice up to$50,000.00
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(6) Fleet may exceed single transaction limits of $5,000.00 on sole
source/standardized items related to Fleet Maintenance items only, with supporting
documentation.
PURCHASING CARD USE:
(1) The purchasing card is to be used for CITY PURPOSES ONLY. The
purchasing card may be used for all legitimate City purchases unless specifically prohibited
in this section. The City is exempt from paying sales tax.
(2) The purchasing card has the cardholder's name embossed on it and is
to be used only by that cardholder only. No other person is authorized to use the card.
(3) Each transaction may be comprised of multiple items, but each item(s)
cannot exceed the single item purchase dollar limit. Purchases will be denied if the
authorized monthly purchase limit, the single purchase limit, or the daily transaction limit is
exceeded. Purchases are not to be split in order to stay within the single transaction
purchase limit.
(4) All items purchased over the counter to be paid by using the card
must be immediately available. Back ordering is not permitted.
(5) All items purchased by telephone order or from the Internet that will not
be confirmed with a written order and will be paid by using the card must be delivered by the
vendor within the thirty (30) day billing cycle. The order should not be placed without this
assurance.
(6) The purchasing card MAY NOT be used to purchase fuel, oil, personal
items,telephone calls, or items listed on the"Do Not Buy List"
(7) The purchasing card MAY be used to purchase fuel when on overnight
and or out of state travel. Fuel purchase may be made only for a city owned vehicle or
rental vehicle ONLY. Employee must be on designated travel status.
(8) The purchasing card MAY NOT be used to make cash advances or to
write VISA checks.
(9) The purchasing card cannot be used to purchase like items totaling
over$25,000.00 annually. These items should be purchased using competitive purchasing
procedures. The use of the purchasing card is not intended to replace effective
procurement planning which enables volume discounts.
(10) Cardholders must follow their department's control of funds procedures
to ensure that sufficient funds are available prior to making a purchase.
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(11) The least expensive item that meets the City's basic needs should be
sought
PURCHASING CARD TRAINING:
(1) Initial Training: Each cardholder will be provided with initial training
prior to issuance of the purchasing card. The training will cover the proper use and
restrictions of the purchasing card.
(2) Annual Training: Annual training will be provided at least once per
year. Annual training will be mandatory for all cardholders and all approving officials.
Cardholders missing the scheduled annual training will be given an opportunity to take
makeup training. Failure to accomplish mandatory annual training will result in loss of card
privileges. Approving Officials who miss the scheduled annual training will be given an
opportunity to makeup training. Failure to accomplish mandatory annual training will result
in loss of Approving Official authority and cardholder privileges for cardholders reporting to
that official.
PURCHASE CARD PROGRAM INTERNAL CONTROLS:
(1) The Finance Director will establish automated card restrictions as
allowed by the issuing bank's software. The Finance Director or designee will establish a
City account allowing access to the issuing Bank's database. This will allow the Card
Administrator to view cardholder information and statements online.
(2) The Finance Department will review each statement and supporting
documentation. The Finance Department will contact cardholders directly and attempt to
resolve any statement discrepancy found. If unable to resolve the issue with the
cardholder directly, the Finance Department will elevate the problem to the Department
Head for resolution.
(3) Any incident of improper unauthorized use of the card or non-
compliance to City policy shall be immediately reported to the Personnel Director and
employee Department Director.
PURCHASE TRANSACTION DOCUMENTATION:
All purchase transactions fall into one of two categories; face to face (i.e., over the
counter)or remote(i.e., telephone, internet or fax).
a) FACE-TO-FACE: The cardholder should get a receipt for any face-to-face
transaction. The receipt serves to document both the order and receipt of
goods/supplies.
b) REMOTE: The cardholder must document the order when it is placed. Items
purchased by telephone should be documented by keeping a log of orders (a
phone log). A log entry is not required if the order is documented some other way,
such as a fax back confirmation or a web page printout. When the goods are
received, the packing slip must be matched to the log (or confirmation) showing the
order.
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PREPARING TRANSACTIONS FOR PAYMENT:
Transactions must be reviewed, substantiated, approved in the Online System and
transaction documentation submitted to Finance for payment within five days of receipt.
a) REVIEW: The cardholder shall review the transaction for correctness. Ensure all
charges are legitimate and no sales tax was charged.
b) SUBSTANTIATE: Each transaction should be documented with a receipt. Provide
account numbers for each transaction in the City's system. Print documentation
from the City's system and attach to transaction receipts and submit to Finance.
c) APPROVE: The Approving Official (usually the cardholder's immediate supervisor)
or designee shall review each transaction and check all documentation. Any errors,
sales tax issues or questionable purchases must be resolved before submitting to
Finance. The Approving Official's review of transaction certifies all transactions as
legitimate expenditures of City funds.
d) MISSING DOCUMENTATION: The cardholder is responsible for providing required
documentation. If a receipt is lost, attempt to obtain a duplicate. If a duplicate
cannot be obtained, prepare a statement that includes all the information normally
found on the receipt and a brief explanation for the lost documentation. Continual
abuse may result in loss of the card and disciplinary action.
e) DISPUTED CHARGES: If the cardholder questions a charge on the statement, the
cardholder shall contact the vendor directly and attempt to reach resolution. If the
cardholder reaches an agreement with the vendor, there is no dispute. If the
vendor refuses to acknowledge the error or will not issue a credit, the cardholder
must fill out the issuing bank's "Purchase Card Disputed Charge Form" and send it
to the Finance Department. The bank will then adjudicate the disputed charge.
"DO NOT BUY LIST"
The following items may not be bought using the purchasing card. A requisition and
purchase order must be used.
• All computer software"
• Petroleum products (fuel, oil, etc.)**
• Telephone calls
• Cash advances
• Personal items (i.e., items for your own use)
"MIS will purchase any computer related equipment or equipment that interfaces with City
computers. Exception to using the Purchasing Card for computer related equipment or
software purchases are made by MIS to support operational requirements.
""Exception to purchasing fuel with the Purchasing Card is made for Fleet Management in
purchasing bulk fuel to support operational requirements and overnight and out of state
travel.
SECTION XVII
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VENDOR COMPLAINTS
AND DISPUTES(PROTESTS)
PURPOSE: The City of Edgewater encourages prompt and fair handling of all complaints
and disputes with the business community. In an effort to resolve disputed matters in an
equitable manner, without fear of retribution on the part of the vendor, the following
procedures are adopted:
DEFINITION: A formal objection or disapproval issued by a vendor.
PROCEDURE: The Finance Director or his/her representative shall post a tabulation of
competitive sealed bids/quotes along with the intended award recommendations on the
City's bidding services website.
All awards under $10,000.00 will not be subject to protest. For awards of $10,000.00 or
greater, only rejected bidders or quoters who were the apparent lowest bidder/quoter and
the second apparent lowest bidder or quoter shall have standing to protest a rejection of
the bid, quote or contract award, respectively. All proposers responding to a RFP may
protest the proposal selection.
Pursuant to Florida Statutes, Chapter 120, any person allegedly adversely affected by the
decision or intended decision of award must file a written notice of protest with the Finance
Department within 72 hours after posting of the bid tabulation or after receipt of notice by
the City of intended award. The nature of protest must be followed within 10 days of filing,
by a formal written notice fully detailing all elements, which promulgated the protest. This
notice must be delivered to the Finance Director or his/her representative and must
contain the bid/quote/proposal number and the nature of the complaint.
After notice is provided, the Finance Director will gather evidence and discern facts and
make a recommendation to the City Manager. The City Manager will present his
recommendations to the governing body that will make the final decision on the matter. All
decisions of the governing body are final.
Failure to observe any or all of the above procedures shall constitute a waiver of the right
to protest a contract award. In the event of a timely protest, the procurement shall be
halted unless the City determines award of a contract without delay is necessary to protect
the interests of the City. In the event an award is needed without delay, the City Manager's
findings shall constitute final administrative action.
SECTION XVIII
CAPITAL ASSET TRACKING
PURPOSE: Capital asset control entails tracking, compiling and maintaining an inventory
of capital assets to control losses due to negligence or theft, to provide a basis for
insurance claims and identify surpluses. Capital asset records are set up to comply with
Florida Statute 274.
DEFINITION: Capital assets are tangible items (e.g. land, buildings, building
improvements, vehicles, machinery, equipment and infrastructure) or intangible items (e.g.
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easements, water rights) with original cost or value of $50,000.00 or more, with an
estimated useful life of at least one (1)year following the date of acquisition. Capitalization
thresholds are to be applied to individual items rather than groups of similar items (e.g.
desks and tables), unless the effect of doing so would be to eliminate a significant portion
of total capital assets.
PROCEDURES: The Finance Department will coordinate the maintenance of the City's
Capital Assets Database. Purchasing will provide copies of each purchase order that
contains a purchase of a Capital Asset to the appropriate Accounting personnel. The
ordering (receiving) Department must notify the Finance Department when an item is
received so proper identification may be affixed, and records can be updated. All Capital
Asset equipment is assigned a permanent City of Edgewater identification number, and is
physically tagged or otherwise marked by the Finance Department. Records are entered
and maintained for each item, and include the following information:
• Capital Asset Item Number
• Item Description
• Serial Number
• Make and Model
• Account Number
• Location and Custodian
• Payment Information: Vendor name, P.O. Number and Date of purchase
• Purchase Price
• Date of Last Inventory
The copy of the purchase order provides much of the above information. Additional
information is obtained upon physical tagging of the equipment and through
communication with the vendor and the Department. Finance is responsible for taking a
biennial Inventory of property in their custody. The Capital Asset Property Coordinator(s)
will distribute an inventory list to each Department biennially. This biennial inventory will
validate all items and any item unaccounted for will require a Missing, Lost or Stolen Form
to remove the item from inventory. The biennial inventory shall be compared with the
property record, and all discrepancies shall be traced and reconciled. The results of the
biennial inventory will be provided to the Finance Director in an executive summary
format.
SURPLUSING OF CAPITAL ASSETS: All capital assets that are obsolete, excess, or no
longer needed by the owning Department/ are to be reported to the Finance Department
for disposition. All items must be listed on a Request to Transfer/Declare Surplus form
and submitted to the Finance Department. The Finance Department is responsible for
approving the disposition of the capital assets. If the item is a transfer between
Departments, the Request to Transfer/Declare Surplus Form requires both the transferring
and receiving Department Director's signatures. The Capital Asset Coordinator will verify
ownership, description, and identification number of the equipment on the form and
approve the transfer or surplus of the item. Upon approval, a copy of the form will be
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provided to Finance to update the computerized inventory. The Management Information
Services Division must approve the transfer of information technology equipment.
DISPOSITION OF PROPERTY: Non-capital items such as broken chairs, tables,
calculators, desk accessories, books, tools, which are considered as "junk", may be
disposed of via the landfill or trash by the individual department(s). Capital Assets that
have identification numbers can be disposed of as follows:
1) Assets with no salvage value: Transfer/Declare Surplus form addressed to
the Finance Department, signed by the Department Director and containing
the identification number, description, condition and recommended disposal
method (i.e. landfill disposal) of each piece of equipment. Once approved,
the requesting Department must dispose of property locally.
2) Property with salvage value: Disposal must be in accordance with Florida
Statute 273, after the Department has screened to see if another
Department can use the Property.
3) The Finance Department will prepare the list of disposal equipment, which
will be part of the City Manager's report to ensure that the list is recorded in
the minutes of the City.
SECTION XIX
RECEIPT OF GOODS AND MATERIALS
PURPOSE: Receiving of goods and materials confirms that the products received meet
the purpose of procurement as intended.
DEFINITION: The business function that is responsible for verifying that the goods
received are the goods that the organization ordered. This involves inspecting and
accepting incoming shipments.
USER(ORDERING)AGENCY
The department is charged with the responsibility of inspecting all supplies to determine
quality, quantity and conformance with specifications and the purchase order.
The Finance Department shall have the authority to question, examine, or test the quality
of materials requested or received by the department.
PROCEDURE IN DEPARTMENTS
Upon receipt of materials and after inspecting and/or testing, the department shall receive
the item in the on-line system receipt-processing module. Any variation in quantity shall
be noted on the system. If the quantity does not agree with the supplier's delivery ticket,
the department shall notify the vendor of the discrepancy. If the materials delivered are
not in conformance with specifications and are not acceptable by the department, they
shall notify the vendor and file a complaint with the Finance Department by using the
evaluation form and citing the reasons for withholding acceptance.
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The Finance Department will take immediate action to require replacement by the supplier
or otherwise take action to supply the department with the needed materials.
SECTION XX
INVOICES
PURPOSE: An invoice provides evidence of the purchase of goods and services and
should include adequate detail to meet audit objectives.
DEFINITION: An invoice is a document that itemizes charges for the purchase of
supplies, materials, equipment or services that have been furnished. It is how the supplier
informs the City of its obligations and should contain the same basic information as the
purchase order.
WHAT AN INVOICE SHOULD CONTAIN
• Purchase order number
• Date of order(if possible)
• Date of delivery
• Terms of payment(2%- 10 days, Net 30 days, etc.)
• Itemized list of materials or services rendered
• Delivery destination
• Quantities, prices, (both unit and total), terms and any other charges contained in
the purchase order
• Delivery, freight charges, cartage and demurrage charges should be listed
separately from the materials and supplies.
• Invoices should be submitted to the Finance Department.
WHO RECEIVES INVOICES
The purchase order details the remittance address for submittal of invoices.
• The Finance Department shall match the invoice with the on-line receipt.
• The Finance Department, after checking and reviewing the invoice, will prepare a
voucher for payment.
All invoices are to be charged to the City of Edgewater and shall be forwarded to the
Finance Department. If received by the department, the original invoice must be
forwarded to the Finance Department after proper receiving has been accomplished on
the on-line system. The Finance Director or designee may grant certain exceptions as to
the requirement for payment without an original invoice. The City does not accept two
party invoices.
SECTION XXI
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MINORITY BUSINESS PARTICIPATION
PURPOSE: The City and all contractors are encouraged to assist Florida's small and
minority businesses in doing business with the City. Each contractor in assisting small
and minority businesses will help to expand and develop the small and minority business
sector of the City of Edgewater community.
Definitions
• "Certified Minority Business Enterprise" means a business enterprise which has
been certified by the State of Florida Department of Management Services as a
minority business enterprise in accordance with the provisions of the "Small and
Minority Business Assistance Act of 1985".
• "Minority Business Enterprise" means any small business concern which is
organized to engage in commercial transactions, which is domiciled in Florida, and
which is at least fifty-one percent (51%) owned by minority persons, and whose
management and daily operations are controlled by such persons. A minority
business enterprise may primarily involve the practice of a profession.
• "Minority Person"means a lawful permanent resident of Florida who is:
o A Black American—a person having origins in any of the Black racial groups
in Africa.
o A Hispanic American — a person of Spanish or Portuguese culture, with
origins in Mexico, South America, Central America, or the Caribbean,
regardless of race.
o An Asian American—a person having origins in any of the original people of
the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Island,
including the Hawaiian Islands prior to 1778.
o A Native American — a person having origins in any of the Indian Tribes of
North America prior to 1835.
o An American woman.
• "Small Business"means an independently owned and operated business concern
which employs fifty (50) or fewer full-time employees, and which has a net worth of
not more than one million dollars ($1,000,000.00). As applicable to sole
proprietorships, the one million dollars ($1,000,000.00) net worth requirement shall
include both personal and business investments.
City of Edgewater Selection Procedures
• The City shall make a good faith effort to provide interested minority business
enterprises or minority persons with adequate information about the plans,
specifications and requirements of contracts or the availability of jobs.
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• The City shall make a good faith effort to effectively use services and resources of
available minority community organizations, minority contractors' groups, local,
state, and federal minority business assistance officers, and other organizations
that provide assistance in the recruitment and placement of minority business
enterprises or minority persons; and
• The City shall make a good faith effort to provide written notice to a reasonable
number of minority business enterprises that their interest in contracting with the
City is being solicited in sufficient time to allow the minority business enterprises to
participate effectively.
SECTION XXII
VENDOR EVALUATION
PURPOSE: Vendor performance measurement is crucial to keeping good suppliers and
terminating business relations with poor suppliers.
DEFINITION: The Vendor Evaluation Form should be utilized to inform the Finance
Department of excellent service provision, including services performed beyond the
requirements or to report any difficulties due to poor service, poor performance, poor
quality, or materials not meeting specification requirements. This shall not be utilized as
an expediting tool.
HOW TO PREPARE
A properly prepared Vendor Compliment and Complaint Form must contain the following
information:
• Date
• Vendor name, address, and phone number
• Department and contact person
• Purchase order number
• Department Director signature
• Brief statement of exactly what level of service provided the vendor's performance
of the services, or what the problem is, and why the product or service is
unacceptable.
• All available documentation shall be attached
DISTRIBUTION
The Vendor Evaluation Form shall be forwarded to the Finance Department. Finance
Department will send a copy to the vendor for their response.
GENERAL INFORMATION
The department shall be notified as to the vendor's response and any action to be taken
by the Finance Department.
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SECTION XXIII
CONFLICTS OF INTEREST
PURPOSE: The City wishes to minimize conflicts of interests. Therefore, the following will
be adhered to:
• No official or employee of the City, or member of the City Council shall participate in
the selection or in the award or administration of a contract if a conflict of interest,
real or apparent, would be involved. Such a conflict would arise when:
• Any member of his or her immediate family,
• His or her business or personal partner, or
• An organization, which employs, or is about to employ, any of the above has a
financial or other interest in the firm selected or considered for award. No official or
employee of the City, or member of the City Council shall either solicit or accept
gratuities, favors, or anything of monetary value exceeding $25.00 from contractors,
potential contractors, or parties to sub-agreements.
Violations of these standards of conduct may result in disciplinary action as set forth in
Chapter 113, Part Ill, Florida Statutes provided that such disciplinary action does not
conflict with the jurisdiction of the State of Florida Commission on Ethics.
SECTION XXIV
PURCHASING POLICY ADOPTION
The Purchasing Policy shall be adopted by City resolution. The Finance Director and
Department Directors shall review the Policy annually and submit recommendations to the
City Manager for review and approval. If a change in the Policy is recommended for
approval by the City Manager, the Finance Director will prepare the necessary report to
Council.
Approved by the City Council of the
City of Edgewater at a meeting held
on the 2411th day of .Septe+fiber
28-1-2February 2014 under Agenda
Item 3. At&e--b-n-9etet3e -1,5, 2012
55
AGENDA REQUEST
Date: February 10,2014
PUBLIC
HEARING RESOLUTION ORDINANCE
OTHER
APPOINTMENT CONSENT BUSINESS 02/11/2014
ITEM DESCRIPTION:
Approval of settlement with Stephen D. Hastings.
BACKGROUND:
On February 4, 2014, the City and its general liability carrier participated in a mediation conference with
Stephen Hastings to resolve his claim alleging emotional distress as a result of an arrest which he believes
was a false arrest. While the mediation conference ended in an impasse, the Plaintiff has since agreed to
accept$15,000.00, plus$3,750 in attorney's fees, in full and final settlement of his claim. The settlement
payment and the cost of mediation will be made by the carrier, with no outlay by the City. As part of the
tentative settlement, there will be no admission of liability by the City and the Plaintiff will agree to a
confidentiality agreement. It is estimated that the settlement amount will be significantly less than the cost
to try this case.
STAFF RECOMMENDATION:
Approval of settlement with Stephen D. Hastings.
ACTION REQUESTED:
Approval of settlement with Stephen D. Hastings.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED). N/A
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
Cit •
Aaron R. Wol Robin L. Matusick
City Attorney Paralegal
JP/
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City :nager