9THE CITY OF PLEASANT LIVING
To:
FROM :
DATE:
SUBJECT:
BACKGROUND:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Agenda Item No.:l February 21, 2017
An Ordinance amending chapter SA and adding a new section SA-7 to
the City's Code of Ordinances for the purpose of regulating
communication during certain phases of competitive solicitation and to
establish a "Cone of Silence".
Section 2-11 of the Miami-Dade County Code establishes the ((Cone of
Silence" requirements as it relates to the procurement processes in their
strong Mayor form of government, for Request for Proposals (RFPL
Request for Qualifications (RFQL Invitation to Quotes (ITQ) and/or other
solicitations issued by the County for goods and services.
The intent of the Cone of Silence is to restrict communications between
bidders/proposers, staff and Commission during the period when a
solicitation is advertised and an award recommendation is issued . The
Cone of Silence was established to eliminate any undue influence or
lobbying while the procurement process was in effect and before a
recommendation for award.
The City, as well as other municipalities, are required to follow the
Miami-Dade County Cone of Silence for their procurement process unless
the City opts out by ordinance, and provided, the City sends a copy of the
((opt out" ordinance to the Miami-Dade County Ethics Commission.
Currently, the following municipalities have opted out of the Miami-Dade
County Cone of Silence; (selected municipality recommendation memos
are included in the back -up):
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Aventura -opted out -follows City Cone : (Refer to Attachments)
Bal Harbour -opted out
Coral Gables -opted out -follows City Cone : (Refer to
Attachments)
Hialeah -opted out
Homestead -opted out -follows City Cone
Key Biscayne -opted out -opted out
Miami -opted out -follows City Cone
THE CITY OF PLEASANT LIVING
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Miami Beach -opted out -follows City Cone: IN PROCESS
Miami Gardens -opted out -follows City Cone: (Refer to
Attachments)
North Bay Village -opted out -follows City Cone
North Miami -opted out -follows City Cone j
Palmetto Bay -opted out -follows City Cone: (Refer to
Attachments)
Sunny Isles Beach -opted out
Surfside -opted out
At the request of City Administration, the City Attorney has been
reviewing the Miami -Dade County "Cone" to determine what provisions
specifically pertain to the City. The Miami -Dade County "Cone" was
drafted to align with the structure and organization of Miami-Dade
County (strong Mayor). References to some Departments and/or
Divisions are included within the Miami-Dade County Cone that do not
exist within the City, and therefore, have been eliminated from the
proposed City ordinance and furthers the point that the County Cone is
not suitable to the City's needs. Therefore, a City of South Miami specific
Cone of Silence Ordinance has been drafted that maintains the same
County prohibitions that restrict bidders/proposers' communication with
members of City Staff and with members of the City Commission when a
solicitation is advertised but provides more flexibility for communication
between City staff and the selection, evaluation and negotiation
committees.
Overall, the proposed Ordinance defines the prohibitions, exceptions,
commencement and termination of the Cone of Silence but is in more
alignment with City structure and organization and allows more internal
communication by City personnel. A side-by-side comparison of the
Miami-Dade County Cone and the proposed City Ordinance is provided in
the attachments.
The proposed Ordinance:
1. Allows the City Manager to interact with staff regarding the
purchasing processes including the selection and negotiation process and
subsequent recommendations that may appear on the Commission
Agenda.
2. Allows the City Manager to brief the City Commission during a
meeting following the completion of the Selection or Negotiation
Committee meetings.
THE CITY OF PLEASANT LIVING
FUND & ACCOUNT:
RECOMMENDATION:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
3. Continues to prohibit the City Commission from communicating
with a potential vendor during the time the Cone of Silence is in effect.
4. Continues to prohibit the, City Manager and staff from
communicating with a potential vendor during the time the Cone of
Silence is in effect except for limited communication such as at pre-bid
conferences, at the time of presentations, question and answer sessions,
contract negotiation sessions, matters of procedure, etc.
5. Provides for reasonable exceptions that ensures the playing field
is level for all bidders.
No expense to the City
APPROVAL OF ORDINANCE
Ordinance
Side-by-Side Comparison of the Miami-Dade County Cone and the
Proposed City Cone
Selected Municipalities Adopted Cones:
• City of Aventura
• City of Coral Gables
• City of Miami Beach
• City of Miami Gardens
• Village of Palmetto Bay
Listing of Municipalities and the Cone of Silence data provided by Miami-
Dade County Ethics Commission
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ORDINANCE NO. _____ _
An Ordinance amending chapter 8A and adding a new section 8A-7 to the City's
Code of Ordinances for the purpose of regulating communication during certain
phases of competitive solicitation and to establish a "Cone of Silence".
WHEREAS, Miami-Dade County has established a "cone of silence" during any
competitive bidding process; and
WHEREAS, Miami-Dade County has a strong Mayor form of government; and
WHEREAS, the City of South Miami has a Commission Manager form of government;
and
WHEREAS, the County's cone of silence ordinance, section 2-11.1 (t), is very confusing
and it contains provisions that are difficult to understand especially in light of the fact that some
of its provisions concern departments and programs that do not exist in the City of South Miami;
and
WHEREAS, section 2-11.1 (t) (4) of the County's cone of silence ordinance allows the
City to enact its own cone of silence ordinance and opt out of the County's ordinance and it
provides that:
; and
The requirements of Section 2-11.1 (t) shall not apply to any municipality in Miami-Dade
County that has adopted an ordinance providing that the cone of silence shall not apply to
that municipality. Any municipality that opts out of the requirements of Section 2-11.1 (t)
shall provide the Ethics Commission with a copy of the ordinance.
WHEREAS, the Mayor and City Commission desire to opt out of the requirements o(
Section 2-11.1 (t) and to enact the City's own cone of silence ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Miami-Dade County Cone of Silence ordinance, section 2-11.1 (t) shall
not apply to the City of South Miami.
Section 2. Chapter 8A of the City of South Miami Code of Ordinances is hereby
amended in pertinent part to add a new section 8A-7 which is to read as follows:
Sec. 8A-7. Cone of Silence.
(A) Definitions.
Page 10f4
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(1) "Cone of silence", as used herein, means a prohibition of any communication
regarding competitive solicitations such as a request for proposal ("RFP"), request for
qualification ("RFO"), request for information ("RFI") or request for bid ("RFB"),
between:
(a) A potential vendor, service provider, proposer or bidder (hereinafter referred to
as the "Potential Bidder"), or agent, representative, lobbyist or consultant for the
Potential Bidder; (hereinafter referred to as the "Bidder's Representative") and
(i) Members of the City Commission or
(ii) City's professional staff or
(iii) Any member of the City'S selection, evaluation or negotiation committee.
(b) Members of the City Commission shall not communicate with professional staff
or members of the selection, evaluation and negotiation committees at any point in
the competitive process except as provided in paragraph D (3) below.
(2) "City'S professional staff' means City Department Heads and their staff and the
City Manager and Deputy City Manager and their staff including consultants
involved in the solicitation, evaluation and negotiation process.
(B) Restriction; notice. A cone of silence shall be imposed upon each competitive
solicitation, commencing with the date that the advertisement of said solicitation is
published and the requirements of this section shall be included in the solicitation. At the
time of imposition of the cone of silence, the City Manager or Manager's designee shall:
(a) provide for public notice of the cone of silence by posting a notice at City Hall; (b)
issue a written notice thereof to the affected Departments; (c) file a copy of such notice
with the City Clerk; and (d) serve a copy thereof on each City Commissioner.
(C) Termination of Cone of Silence. The Cone of Silence shall terminate at the
beginning of the City Commission meeting at which the City Manager makes his or her
written recommendation to the City Commission or at the time that the solicitation
process is terminated by the City Manager. However, if the City Commission refers the
Manager's recommendation back to the Manager or staff for further review, the cone of
silence shall be reimposed until the beginning of the City Commission meeting at which
the City Manager makes a subsequent written recommendation.
(D) Exceptions to applicability. The provisions of this section shall not apply to:
(1) Communications at a duly noticed pre-bid conferences or at any duly noticed
public Selection or Negotiation Committee meeting or duly noticed public City
Commission meeting at which the City Manager has placed the subject of the
solicitation on the Agenda;
(2) Communication regarding the solicitation at recorded contract negotiations,
recorded oral presentation or recorded oral question and answer session and recorded
contract negotiation strategy sessions in compliance with the exemption in Florida
Statutes Section 286.0113;
(3) Briefings made by the City Manager or his designee to the City Commissioners
during a meeting following the completion of the Selection or Negotiation Committee
meetings;
Page 2 of 4
97 (4) Written communication at any time with any City professional staff (not including
98 selection, evaluation or negotiation committee members), unless specifically
99 prohibited by the applicable competitive solicitation documents. This section shall
100 not be construed to prevent written communication between City professional staff
101 and any City selection, evaluation or negotiation committee. A copy of any written
102 communication made during the cone of silence shall be contemporaneously filed
103 with the City Clerk by the Potential Bidder or Bidder's Representative. The City
104 Clerk shall make copies available to any person upon request;
105 (5) Communication that is strictly limited to matters of those processes or procedures
106 that are contained in the corresponding solicitation document and which
107 communication is between any person and the City's Purchasing Agent or the City
108 employee who is designated as being responsible for administering the procurement
109 process for such solicitation;
110 (6) Communications with the City Attorney and his or her staff;
111 (7) Communications during any duly noticed site visits to determine the competency
112 and responsibleness of bidders regarding a particular bid during the time period
113 between the opening of bids and the time the City Manager makes a written
114 recommendation;
115 (8) Any emergency procurement of goods or services pursuant to City Code;
116 (9) Responses to a request made by the City's Purchasing Agent, or the City employee
117 who is designated as being responsible for administering the procurement process for
118 such solicitation, for clarification or additional information;
119 (10) Communications prior to bid opening between City's professional staff and
120 Potential Bidders and/or Bidder's Representatives to enable City staff to seek and
121 obtain industry comment or perform market research, provided all communications
122 related thereto between a Potential Bidders and/or Bidder's Representatives and any
123 member of the City'S professional staff including, but not limited to the City Manager
124 and his or her staff, are in writing or are made at a duly noticed public meeting.
125
126 (E) Penalties. Violation of this section by a particular bidder or proposer, or their
127 representative, shall render any award to said bidder or proposer voidable by the City
128 Commission and/or City Manager. Any person who violates a provision of this section
129 may be prohibited from serving on a City selection or evaluation committee. In addition
130 to any other penalty provided herein, violation of any provision of this section by a City
131 employee may subject said employee to disciplinary action at the discretion of the City
132 Manager.
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135 Section 3. The City Clerk is directed to provide the Miami-Dade County Commission on
136 Ethics with a copy of this ordinance.
137
138 Section 4. Codification. The significant provisions of this ordinance shall become and
139 be made part of the Code of Ordinances of the City of South Miami as amended; that the sections
140 of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the
141 word "ordinance" may be changed to "section" or other appropriate word.
142
Page 3 of 4
143 Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is
144 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
145 shall not affect the validity of the remaining portions of this ordinance.
146
147 Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all
148 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
149
150 Section 7. Effective Date. This ordinance shall become effective upon enactment for all
151 solicitations advertised following the effective date.
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PASSED AND ENACTED this __ day of _____ , 2017.
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ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 4 of4
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
30SE I I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
I IUNDAY FEBRUARY II /D I)
MIAMIHERALD.COM
NOTICE IS HEREBY g iv e n th at the Ci ty C ommi ss ion of the City of South Miami , Florida will conduct Public
Hearing(s ) at its r egul ar City Commission m eeting sc h edul ed for Tu es day , Februmy 2 1,20]7, b eg innin g at
7:00 p .m., in th e City Com mi ss ion Chambers , 6130 Sun set Drive, to con si d e r th e following it em (s):
A Resolution re lat in g to an application fo r wa ive r of plat for th e subdivi s ion of property locat e d at
5957 S W 80 Street.
A Resolution authorizing th e C ity MaJlager to ent er into a multi-y ear co ntr act with Marlin E ng in eer in g,
In c ., for gen eral e ngin eerin g services o n an as n eed ed basis.
A Resolution relating to th e r elease of a U nity of Title, purs uant to Sec tion 20 -5. 1 6 (E) of th e
Land Development Code, fo r th e fo ll owing propertie s: 7435 SW 61 '1 Avenu e (Folio 09-4036-0 27 -0090 ),
60 20-6022 S. Dixie Highway (Foli o 09-4036 -0 29-0110 ), 6030 S . Dixie Highway (Foli o 09-4 0 36-0 27 -0(11 )
and a parking lot on SW 61 ,I A venu e (Fo lio 09-4036-03 0 -0010).
(
An Ordinance am endin g c hapter SA an d adding a n ew sec ti on 8A-7 to the Ci t y's Code of Ordinance ~
for the purpos e of regulating communication elming certain phase s of competitive solicitation and )
to es tablish a "Cone of Sil e nc e".
An Ordinance amending the Land D eve lopment Code , Article VII, "Hometown Di s trict Overlay Ordimm ce",
Sections 20-7.2 and 20-7.5 and Article VI1l , "Tran sit-Ori e nted D e velopme nt Distri ct", Sections 20-8.2 and
20-8.3 re l atin g to th e definition of "S to ry " a nd ma ximum buildin g height.
ALL intere sted parties are invited to attend and will b e he ard.
For flllth er informati o n , pl e as e contact the City Clerk 's Ofiice at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
P ur suant tll Fhlrida Stat ut es 280.010 5. th e Ci ty here by a d v i ~e s th e pub li c th at ira perslln decid es t il ap pea l an y decis ion made by thi s Bo ard . Age ncy
ur Commis s ion wi th res pect tn any matt er con"i dered al it s meet in g or hearin g. he ur she lV il l nee d a rewrd ()f Ih e proceed in gs . and that fIll' such
purpos e. aJl ec ted perslln ma y nee d 10 e nsur e that a ve rbatim record ()r th e proc eed ing s is ma de whi c h rewnl includes Ihe te stim ony and ev iden ce
uplln wh ic h Ih e appea l is III be based .
MIAMI DAILY BUS INE SS REVIEW
Pub li shed Daily excepl Salurday. Sunday and
Legal H olidays
Miami . Miami-Dade Counly . Florida
STATE OF F LORI DA
COUN TY OF MIAM I-DADE :
Before the undersigned authority personal ly appeared
OCT ELM A V . FER BEYRE . who on oath says that he or she is
the V ICE PRESIDENT , Legal Notice s of the Mi ami Da ily
Business Review f/k/a Miam i Re view . a daily (excep t
Saturday , Sunday and Legal Hol idays) new spaper,
published at Miam i in Miam i-Dade County . Florida ; that the
attached copy of advertisemen t , being a Legal Advertisement
of Notice in the matte r of
NOTICE O F PUBL IC HEAR IN G
CITY OF SO UTH MIAMI-FEB . 21, 2017
in the XXXX Court ,
was published in said newspaper in the issues of
02/10/2017
Affiant further says that the said Miami Daily Busin ess
Review is a newspape r published at Miami , in said
Miami-Dade County , Florida and that the said newspaper 11as
heretofore been continuously published in said Miami -Dade
County , Florida eac h day (excep t Saturday , Sunday and
Legal Holidays) and ha s been entered as second class ma il
matter at th e post office in Miam i in said Miami-Dade County .
Florid a, for a period of one year next preceding the fir st
publ ication of the attached copy of advertisement ; and affiant
further says that he or she has neither paid nor promised any
person . firm or corporation any discount. rebate , comm ission
or refund for th purpose of securing thi s advertisement for
Sworn to and subscribed before me this
(SEA L)
OCTELMA V. FER BEYRE perso nal ly known to me
CftTV OF SOUTH MOAMI
NOTBCf5 OF IPUlBUC HEAIRlDNG
NOTI CE IS HEREBY given that the City Commission of the C ity of South
Miami Flor ida w ill conduct Public Hearing(s) at its regu lar City Commission
meeti~g scheduled for Tu esday, February 21 , 2017 , beg inning at 7:00 p .m.,
in the City Commi ss ion Chambers , 6130 Sunset Drive, to consider the followin g
item(s):
A 'Reso l ution relatin g to 'an application for wa iver of plat for the
subdivision .of property lo cated at 5957 SW SO Street.
A Reso lution authorizing th e City Manager to enter into a mUlti-year
contract with Marlin Engineering , Inc., for ge neral eng ineerin g services
on an as n ee ded basis .
A Reso lution relating to the release of a Unit y of Tit le, pursuant t o
Section 20-5 .16(E) of the Land Deve lopm ent Code, for th e fo ll owing
properties: 7435 SW 61 st Avenue (Folio 09-4036-027-0090), 6020 -6022
S. Dixie Highway (Folio 09 -4 036-029 -0110),6030 S.·Dix ie Highway
(Folio 09-4036-02 7-0011) and a parking lot on SW 615t Avenue
(Folio 09-4036-030-0 010) ..
(
An Ordinance amending cha pt er SA and adding a new sec tion SA-~
to the City's Code of Ordinances for th e purpose of regul at ing
co mmunication during ce rtain p hases of competitive so licitation
and to establish a "Cone of Silence ".
An Ordinance amending the La nd Development Code, Article VII ,
"Hometown District Overlay Ordinance", Sections 20-7.2 and 20-7.5
and Article VIII , "Transit-Oriented Development Distri ct", Sections
-20-S .2 and 20-8.3 relating to the definition of "Story" and maximum
build ing height.
AL L interested parties are invited to attend and wi ll be heard .
For further information , please contact the City c'lerk's Office at:
305-663-6340.
Maria M. Menendez , CMC
City Clerk
Pursuant to Florida Statutes 286.0 105, the City hereby advis es the public
that if a person d eci deS to appeal any decision made by this Boa rd, Agency
or Co mmission w ith respect to any matter considered at its meetin g or
hearing, he or s he will need a record of th e pro ce edings , and th at for such
purpose , affected person may ne ed to ensure that a verbat im record of the
proce edings is made which re cord includes the t estimony and evidence
up on wh ich th e appeal is to be based.
2/10 17 -157 100001973 27M
City Sec. SA-7. Cone of Silence.
(A) Definitions.
(1) "Cone of silence", as used herein, means a prohibition of any
communication regarding competitive solicitations such as a
request for proposal ("RFP"), request for qualification ("RFQ"),
request for information ("RFI") or request for bid ("RFB"),
between:
(a) A potential vendor, service provider, proposer or bidder
(hereinafter referred to as the "Potential Bidder"), or agent,
representative, lobbyist or consultant for the Potential Bidder;
(hereinafter referred to as the "Bidder's Representative") and
CD Members of the City Commission [see 2-11.1(t)1. (a) (v)]
or
(ii) City's professional staff [see 2-11.1 (t)1. (a) (i)] or
(iii) Any member of the City'S selection, evaluation or
negotiation committee [see 2-11.1(t)1. (a) (iii)]
(b) Members of the City Commission shall not communicate
with professional staff or members of the selection, evaluation
and negotiation committees at any point in the competitive
process except as provided in paragraph D (3) below [see 2-
11.1(t)1. (a) (ii) and (iv)].
(2) "City's professional staff' means City Department Heads and
their staff and the City Manager and Deputy City Manager and their
staff including consultants involved in the solicitation, evaluation
and negotiation process below [see 2-11.1 (t) 1. there is no specific
definition but the County Cone of Silence Ordinance consistently
refers to professional staff as including the Manager and hislher
staff)].
L T2irej
County Cone of Silence Sec. 2-11.1 (t)
(t) Cone of Silence.
1. Contracts for the provision of goods and service other
than audit and independent private sector inspector general
(IPSIG) contracts.
(a) "Cone of Silence" is hereby defined to mean a
prohibition on:
(i) -V-VAny communication regarding a particular RFP, RFQ
or bid between a potential vendor, service provider, bidder,
lobbyist, or consultant and the -V County's professional staff
including, but not limited to , the County Manager and his or her
staff;
(ii) -V-VAny communication regarding a particular RFP, RFQ
or bid between the Mayor, County-v Commissioners or their
respective staffs and any member of the County's -V professional
staff including, but not limited to, the County Manager and his
or her staff;
(iii) -V-V Any communication regarding a particular RFP, RFQ
or bid between a potential vendor, service provider, bidder,
lobbyist, or consultant and any member of the -V selection
committee therefor;
(iv) -V-V Any communication regarding a particular RFP, RFQ
or bid between the Mayor, County -V Commissioners or their
respective staffs and any member of the -V selection committee
therefor;
(v) -V Any communication regarding a particular RFP, RFQ
or bid between a -V potential vendor, service provider, bidder,
lobbyist, or consultant and the Mayor, County -V Commissioners
and their respective staffs; and
(vi) Any communication regarding a particular RFP, RFQ, or
bid between any member of the County's -V professional staff
and any member ofthe -V selection committee therefore.
(B) Restriction; notice. A cone of silence shall be imposed upon
each competitive solicitation, commencing with the date that the
advertisement of said solicitation is published and the requirements of
this section shall be included in the solicitation. At the time of
impositi on of the cone of silence, the City Manager or Manager's
designee shall: (a) provide for public notice of the cone of silence by
posting a notice at City Hall; (b) issue a written notice thereof to the
affected Departments; (c) file a copy of such notice with the City
Clerk; and (d) serve a copy thereof on each City Commissioner.
[see 2-11.1(t)1. (b) (i)]
(C) Termination of Cone of Silence. The Cone of Silence shall
terminate at the beginning of the City Commission meeting at which
the City Manager makes his or her written recommendation to the
City Commission or at the time that the solicitation process is
terminated by the City Manager. However, if the City Commission
refers the Manager's recommendation back to the Manager or staff for
further review, the cone of silence shall be reimposed until the
beginning of the City Commission meeting at which the City
Manager makes a subsequent written recommendation. [see 2-
11.1(t)1. (b) (ii)]
(D) Exceptions to applicability. The provisions of this section shall
not apply to :
(1) Communications at a duly noticed pre-bid conferences or at
any duly noticed public Selection or Negotiation Committee
meeting or duly noticed public City Commission meeting at
which the City Manager has placed the subject of the solicitation on
the Age nda; [see 2-11.1(t)1. (c) (i)]
(2) Communication regarding the solicitation at recorded contract
negotiations , recorded oral presentation or recorded oral
L '1'2irej
The County Manager and the Chairperson of the selection
committee may communicate about a particular selection
recommendation, but only after the committee has submitted
an award recommendation to the manager and provided that
should any change occur in the committee recommendation, the
content of the communication and of the corresponding change
as well as the reasons for such change shall be described in
writing and filed by the Manager with the Clerk of the Board
and be included in any recommendation submitted by the
Manager to the Board of County Commissioners.
Notwithstanding the foregoing , the Cone of Silence shall not
apply to:
(i) x Competitive processes for the award of CDBG ,
HOME , SHIP and Surtax Funds administered by the Miami-
Dade County Office of Community and Economic Development
and the community-based organization (CBO) competitive
grant processes administered by the Park and Recreation,
Library, Water and Sewer, and Solid Waste Departments,
Cultural Affairs and Tourist Development Councils and the
Department of Environmental Resources Management;
(ii) ""Communications with the County Attorney and his
or her staff;
(iii) x Communications between a potential vendor, service
provider, bidder, consultant or lobbyist and employees ofthe
Management and Technical Assistance Unit of the Department
of Business Development regarding small business and/or
minority business programs, the Community Business Enterprise
and Equitable Distribution Programs;
(iv) x Communications between a potential vendor, service
provider, bidder, consultant or lobbyist and employees
responsible for administering disadvantaged business enterprise
programs in County departments receiving federal funds ,
question and answer session and recorded contract
negotiation strategy sessions in compliance with the exemption
in Florida Statutes Section 286 .0113 ; [see 2-11.1(t)1. (c) (i)]
(3 ) Briefings made by the City Manager or his designee to the City
Commissioners during a meeting following the completion of the
Selection or Negotiation Committee meetings; [see 2-11.1 (t) 1. (c)
(ii)]
(4) Written communication at any time with any City
professional staff (not including selection, evaluation or
negotiation committee members), unless specifically prohibited by
the applicable competitive solicitation documents. This section shall
not be construed to prevent written communication between City
professional staff and any City selection, evaluation or negotiation
committee. A copy of any written communication made during the
cone of silence shall be contemporaneously filed with the City
Clerk by the Potential Bidder or Bidder 's Representative. The City
Clerk shall make copies available to any person upon request; [see
2-11.1(t)1. (c) (i)]
(5) Communication that is strictly limited to matters of those
processes or procedures that are contained in the corresponding
solicit ation document and which communication is between any
person and the City's Purchasing Agent or the City employee who
is designated as being responsible for administering the
procurement process for such solicitation; 2-11.1(t)1. (a) ***
"Notwithstanding the foregoing ... "see subparagraph (vii)
thereafter]
(6) Communications with the City Attorney and his or her staff;
[see 2-11.1(t)1. (a) *** "Notwithstanding the foregoing ... "see
subparagraph (ii) thereafter]
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provided the communications are limited strictly to matters of
programmatic process or procedure;
(v) -V -V Duly noticed site visits to determine the competency
of bidders regarding a particular bid during the time period
between the opening of bids and the time the County Manager
makes his or her written recommendation ;
(vi) -V Any emergency procurement of goods or services
pursuant to Administrative Order 3-2 ;
(vii) -V Communications regarding a particular RFP , RFQ or
bid between any person and the Vendor Information Center
staff, the procurement agent or contracting officer responsible
for administering the procurement process for such RFP , RFQ or
bid, provided the communication is limited strictly to matters of
process or procedure already contained in the corresponding
solicitation document;
(viii) Communications between a potential vendor, service
provider or bidder and employees of the Department of
Procurement Management or other department identified in
the solicitation document as the issuing department; and
(ix) Consultations by employees of the Department of
Procurement Management with professional procurement
colleagues in determining an appropriate approach or option
involving a solicitation in progress.
(b) Procedure.
(i) A Cone of Silence shall be imposed upon each RFP ,
RFQ and bid after the advertisement of said RFP , RFQ or bid.
At the time of imposition of the Cone of Silence, the County
Manager or his or her designee shall provide for public notice of
the Cone of Silence. The County Manager shall issue a written
notice thereof to the affected departments , file a copy of such
notice with the Clerk of the Board, with a copy thereof to each
Commissioner, and shall include in any public solicitation for
goods and services a statement disclosing the requirements of
(7) Communications during any duly noticed site visits to
determine the competency and responsibleness of bidders
regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written
recommendation; [see 2-11.1(t)1. (a) *** "Notwithstanding the
foregoing ... " see subparagraph (v) thereafter]
(8) Any emergency procurement of goods or services pursuant to
City Code; [see 2-11.1(t)1. (a) *** "Notwithstanding the
foregoing ... " see subparagraph (vi) thereafter]
(9) Responses to a request made by the City'S Purchasing Agent,
or the City employee who is designated as being responsible for
administering the procurement process for such solicitation, for
clarification or additional information [see 2-11.1(t)1. (a) ***
"Notwithstanding the foregoing ... " see subparagraph (viii)
thereafter]
(10) Communications , prior to bid opening, between City 'S
professional staff and Potential Bidders and/or Bidder's
Representatives to enable City staff to seek and obtain industry
comment or perform market research, provided all
communications related thereto between a Potential Bidders and/or
Bidder's Representatives and any member of the City's professional
staff including , but not limited to the City Manager and his or her
staff, are in writing or are made at a duly noticed public meeting.
[see 2-11.1(t)1. (a) *** "Notwithstanding the foregoing ... " see
subparagraph (viii) thereafter]
this ordinance.
(ii) "The Cone of Silence shall terminate at the time the
Manager makes his or her written recommendation to the
County Commission; provided, however, that if the Commission
refers the Manager's recommendation back to the Manager or
staff for further review, the Cone of Silence shall be reimposed
until such time as the Manager makes a subsequent written
recommendation. The foregoing notwithstanding, for contracts
and purchases which the County Manager has the delegated
authority to award under Sec. 2-8.1 (b) ofthis Code , the Cone of
Silence shall terminate: (i) at the time the award
recommendation letter is issued and filed with the Clerk of the
Board for such contracts and purchases involving the expe
nditure of over one hundred thousand dollars ($100 ,000); (ii) at
the time the written award recommendation is posted in
accordance with Section III of A.O. 3-21 for such contracts or
purchases involving the expenditure of over $25 ,000 up to
$100 ,000; or (iii) at the time the award recommendation is
issued in accordance with Section IV of A.O. 3-21 for contracts
and purchases involving the expenditure of$25 ,000 or less.
(iii) While the Cone of Silence is in effect , County Staff shall
create a written record of any oral communications with
potential vendor, service provider, bidder, lobbyist , or consultant
related to or regarding a solicitation, bid , proposal , or other
competitive process. The record shall indicate the date of such
communication, the persons to whom staff communicated, and a
general summation of the communication. This subsection
applies to all communications made while the Cone of Silence is
in effect for a particular solicitation.
( c) Exceptions.
(i) The provisions ofthis ordinance shall not apply to oral
(E) Penalties . Violation of this section by a particular bidder or communications at
proposer, or their representative , shall render any award to said bidder ""pre-bid conferences,
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or proposer voidable by the City Commission and/or City Manager:
Any person who violates a provision of this section may be prohibited
from serving on a City selection or evaluation committee. In addition
to any other penalty provided herein, violation of any provision of
this section by a City employee may subject said employee to
disciplinary action at the discretion of the City Manager. [see 2-
11.1(t) 3.]
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""",,oral presentations before selection committees duly
noticed as a public meeting
-V-V recorded contract negotiations and contract negotiation
strategy sessions in compliance with the exemption in Florida
Statutes Section 286.0113,
-V-V public presentations made to the Board of County
Commissioners during any duly noticed public meeting or
-V-V communication in writing at any time with any County
employee, official or member of the Board of County
Commissioners unless specifically prohibited by the
applicable RFP, RFQ or bid documents. The bidder or proposer
shall file a copy of any written communication with the Clerk
of the Board. The Clerk of the Board shall make copies available
to any person upon request.
(ii) -V The provisions of this ordinance shall also not apply to oral
communications at briefings held by county commissioners and
the County Mayor or his designee, after the selection committee
or other evaluating group makes its recommendation to the
County Manager, provided that the briefings are not intended to
influence the outcome of the selection committee or other
evaluating group's recommendation to the County Manager;
provided, however, that this exception shall not apply to outside
groups such as lobbyists or representatives of the responding or
bidding companies or entities.
2. x Audit and IPSIG contracts.
(a) "Cone of Silence" is hereby defined to mean a
prohibition on: (a) any communication regarding a particular
RFP, RFQ or bid between a potential vendor, service provider,
bidder, lobbyist, or consultant and the Mayor, County
Commissioners or their respective staffs and any member ofthe
County's professional staff including, but not limited to, the
County Manager and his or her staff; (b) any oral
communication regarding a particular RFP, RFQ or bid between
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the Mayor, County Commissioners or their respective staffs and
any member of the County's professional staff including, but
not limited to, the County Manager and his or her staff.
Notwithstanding the foregoing, the Cone of Silence shall not
apply to (a) communications with the County Attorney and his
or her staff; (b) communications between a potential vendor,
service provider or bidder and employees of the Department of
Procurement Management or other department identified in
the solicitation document as the issuing department; and (c)
consultations by employees of the Department of Procurement
Management with professional procurement colleagues in
determining an appropriate approach or option involving a
solicitation in progress.
(b) Except as provided in Subsections 2( c) and 2( d) hereof, a
Cone of Silence shall be imposed upon each RFP, RFQ and bid
for audit and IPSIG services after the advertisement of said
RFP, RFQ or bid. At the time of the imposition of the Cone of
Silence, the County Manager or his or her designee shall provide
for the public notice of the Cone of Silence. The Cone of Silence
shall terminate when the County Manager executes a particular
audit or IPSIG contract.
(c) Nothing contained herein shall prohibit any bidder or
proposer: (i) from making public presentations at duly noticed
pre-bid conferences or before duly noticed selection
committee meetings; (ii) from engaging in recorded contract
negotiations during any duly noticed public meeting in
compliance with the exemption in Florida Statutes Section
286.0113; or (iii) from communicating in writing with any
County employee or official for purposes of seeking
clarification or additional information from the County or
responding to the County's request for clarification or additional
information, subject to the provisions of the applicable RFP ,
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RFQ or bid documents. Any recordings made pursuant to this
section shall be made available, as a public record, upon the
conclusion of the selection committee or negotiation meetings
notwithstanding the elapsed time from bid or proposal opening.
The bidder or proposer shall file a copy of any written
communication with the Clerk of the Board. The Clerk of the
Board shall make copies available to the general public upon
request.
(d) Nothing contained herein shall prohibit any lobbyist,
bidder, proposer or other person or entity from publicly
addressing the Board of County Commissioners during any
duly noticed public meeting regarding action on any audit or
IPSIG contract. The County Manager shall include in any public
solicitation for auditing or IPSIG services a statement
disclosing the requirements of this ordinance.
3. ~Penalties. In addition to the penalties provided in
Subsections (s) and (v) hereof, violation of this Subsection (t) by
a particular bidder or proposer shall render any RFP award, RFQ
award or bid award to said bidder or proposer voidable. Any
person who violates a provision of this ordinance shall be
prohibited from serving on a Miami-Dade County competitive
selection committee. In addition to any other penalty provided
by law, violation of any provision of this ordinance by a Miami-
Dade County employee shall subject said employee to
disciplinary action up to and including dismissal. Additionally,
any person who has personal knowledge of a violation of this
ordinance shall report such violation to the State Attorney and/or
may file a complaint with the Ethics Commission.
4. The requirements of Section 2-11.1(t) shall not apply to
any municipality in Miami-Dade County that has adopted an
ordinance providing that the cone of silence shall not apply to
that municipality. Any municipality that opts out of the
requirements of Section 2-11.1 (t) shall provide the Ethics
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Commission with a copy of the ordinance.
5. Within thirty days of a recommendation from a
selection committee, the County Mayor or his designee shall
either appoint a negotiation committee or take other
affirmative action with respect to the solicitation, including but
not limited to rejection of proposals or recommendation for
award. In the event that negotiations have not commenced
within thirty days, or if such other affirmative action has not
been taken within thirty days, the County Mayor or his designee
shall report such event, and the reasons therefore, to the Board of
County Commissioners. Additionally, the County Mayor or his
designee shall present the Clerk of the Board with a
recommendation for award, or a recommendation to reject
proposals, within ninety days from the date a selection
committee makes a recommendation. In the event that the
County Mayor or his designee has not provided such
recommendation to the Clerk of the Board within ninety days,
the County Mayor or his designee shall provide a report on the
status of the solicitation to the Board of County Commissioners,
including the reasons for any delay.
CITY OF CORAL GABLES
MEMO~NDUM
[0-2 J
TO: HONORABLE MAYOR AND MEMBERS
OF THE CITY COMMISSION
DATE: February 11, 2003
~~
FROM: DAVID L. BROWN Sl.JBJECT: CITY OF CORAL GABLES
CITY MANAGER PROCUREMENT CODE
Recommendation
It is recommended that the City Commission approve the attached ordinance creating the City of
Coral Gables Procurement Code.
Background
At the January 7, 2003 staff presented a full briefing of the new procurement code. The City
Commission approved the City Manager's recommendation by a 5-0 vote. Since then staffhad the
opportunity to further review and discuss the benefits of the new code with Commissioners,
constituents and other purchasing professionals. Certain questions as to safeguards and
accountability measures have surfaced. However, the detail required to answer some of these
questions will be ill the Procurement Manual for staff, which will be developed over the next three
months. It is therefore recommended that the Commission adopt this ordinance at second reading
and allow staff to present the detailed Procurement Manual to the City Commission ill May before
actual implementation.
Additionally, staff is ill the process of engaging consultants from the National Institute of
Government Purchasing (NIGP) to assist the department in transitioning from the current process
to the new procedures, writing the manual and preparing staff training sessions. It is anticipated
that contract for Commission approval will presented at the next City Commission meeting.
As the Commission is aware, in an effort to codify and streamline the procurement functions of the
City, staff developed a comprehensive procurement reform document. The overriding principles
are open and fair competition, safeguards for the maintenance of quality and illtegrity in the
____ p.,mcl.1LemenL3.)!stem,~yaLue.::.added_p-UIchasing,__du~pmc.e.ss~oL-cit}'.--v.:.endors_ancl-.strategi-1.<c ____ _
procurement.
This document follows the American Bar Association (ABA) Model Code for State and Local
Government Procurement. This Code provides a fundamentally legal sound framework on the
statutory principles and public policy direction for managing and controlling the procurement of
goods and services. Additionally, extensive research was conducted by staff on best practices and
national trends ill supply management. Model codes from cities around the nation were reviewed
to develop the City's own Procurement Code.
This document dramatically changes and improves the manner in which the City purchases goods
and services -from micro-purchases to major contracts-by improving the efficiency of the
procurement system and conserving the taxpayers' money. The most significant improvements
include:
1
•
Page 2
• Fonnalizing the method by which to solicit goods and services and establish
contracts, as follows: Competitive Sealed Bids, Multi-Step Bidding, Competitive
Negotiations, Sealed Proposals -RFPs, RFQs, Sole Source, Emergency, Bid
Waivers, Accessing other government's contracts, Purchasing Cards, Cooperative
Purchasing
• Renaming the Purchasing Department to the Department of Procurement and Supply
Management (PSM) to reflect these changes and true nature of the work
• Detailing the duties and responsibilities of the Chief Procurement Officer (Director)
and of the Department of Procurement and Supply Management
• Delegating purchasing power to the City Manager for competitive purchases under
$100,000
• Delegating purchasing power to the City Manager for non-competitive purchases
(sole source, emergency and bid waivers) only up to $50,000
• Allowing the Manager to further delegate authority and accountability to the Chief
Procurement Officer and Department Directors
• Allowing for the procurement of legal services to be handled by the City Attorney
and City Commission
• Providing for the procurement of construction services, architectural and engineering
services, land surveyors or mapping services or any other services as defined in
Florida State Statute 287.055, Consultant's Competitive Negotiations Act to remain
under the jurisdiction of the Department of Public Works.
• Exempting utility; training; subscriptions; art work; groceries; travel services; public
transportation; and entertainment for city events from the competitive process.
• Detailing how to determine responsibility
• Detailing the types of contracts
• Allowing for inspection of vendor's facilities
• Providing for disputes resolution -Bid protests, debarment, suspenSIOn, non-
performance
• Performance Bonds
• Enabling for future e-procurement
• Mfirrning the City's ethical standards and business practices
It is important to . note the changing and evolving role of the public entity procurement
professional. In the past, government procurement staff was perceived as purely process-
oriented, transaction-oriented workers. Essentially, departments identified needs and
purchasing agents went about the business of acquiring the requested good or service.
Research indicates that the role of procurement in government has defmitively changed.
With fewer resources and more needs, governments throughout the nation are requiring
procurement professionals to be more strategic. Today's procurement professional must add
value to government purchasing. These recommendations are in aligned with the new
strategic shift in government procurement agents' roles, in which procurement professionals
are strategic planners and partners, more cross-functionally oriented, and more aware of the
needs of customers and the suppl y market.
2
CITY OF CORAL GABLES, FLORIDA
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF CORAL GABLES
SECTION 2-231 OF THE CODE OF THE CITY OF CORAL GABLES,
FLORIDA, AS AMENDED, ENTITLED "PDRCHASES BY CITY,
PDRCHASING DIRECTOR AND PURCHASING MANUAL AUTHORIZED;
VENDOR REGISTRATION REQUIRED" IN ITS ENTIRETY AND
SUBSTITUTING LIEU THEREOF NEW ARTICLE IX ENTITLED
"PROCUREMENT CODE", SETTING FORTH PROVISIONS FOR THE
PROCUREMENT OF GOODS Al'ITJ) SERVICES; PROVIDING FOR ETHICS
STANDARDS AND CONE OF SILENCE; AMENDING CHAPTER 2, ARTICLE
5, SECTION 2-176 ENTITLED "DIVISION 3 PURCHASING DEPARTMENT";
RENUMBERING SECTION 40, ENTITLED "APPROPRIATION NECESSARY
FOR CITY LIABILITY; MAXIMUM DURATION OF CONTRACTS" AND
CHAPTER 2, ARTICLE VI, SECTION 2-231 (c) ENTITLED "DSE OF OTHER
GOVERNMENTAL ENTITY CONTRACTS"; PROVIDING A REPEALER
PROVISION, A SAVINGS CLADSE, AND A SEVERABILITY CLAUSE, A~TJ)
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Connnission wishes to establish set procedures for the award of
contracts for goods and services; and
WHEREAS, the City Commission desires to establish procedures for considering
appeals by protesting vendors, bidders and proposers; and,
WHEREAS, to carry out the functions and duties of municipal affairs and provide for
efficient procurement procedures and to relieve the number of items that are considered by the
City Commission at each City Commission meeting, it is the City Manager's recommendation to
establish thresholds for competitive sealed bids and to authorize the City Manager to approve
purchases of goods and services and to enter into Contracts; and
WHEREAS, the established thresholds of $7,500 for the acquisition of goods and
services are out of proportion as it relates to the costs for the acquisition of goods and services
relevant to today's economy; and
WHEREAS, section 2-11.1 (t) of the Code of Miami-Dade County, Florida, as amended
contains the Cone of Silence Ordinances which, pursuant to section 2-11.1(a), Miami-Dade
County Code, are applicable to all municipal officials, officers and employees of municipalities
located within Miami-Dade County; and
Page 1 of 61
WHEREAS, the Board of County Commissioners of Miami-Dade County adopted
Ordinance No. 01-149, providing that the provisions of Section 2-11.1(t) of the Miami-Dade
County Code shall not apply to any municipality in Miami-Dade County that has adopted an
ordinance to opt out of said provisions; and
WHEREAS, the City Commission of the City of Coral Gables adopted Ordinance No. --
--and exercised their right "opt-out" of the Miami-Dade County Cone of Silence Ordinances; and
WHEREAS, the City Commission wishes to establish standards of ethical conduct and
behavior for City vendors, potential vendors, proposers and bidders, as well as, City officials and
personnel; and;
WHEREAS, the City Commission of Coral Gables has determined that inclusion of
certain procedures to protect and preserve the integrity of the procurement process would serve
the best interests of the City and its residents;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
CORAL GABLES, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter----Section-----consisting of -----of the Code of the City of Coral Gables, as
amended is repealed in its entirety and new Article----is substituted in the following particulars.
CHAPTER ----
PROCUREMENT CODE
ARTICLE I-GENERAL PROVISIONS
PART A-Pu'RPOSES, RULES OF CONSTRUCTION, AND APPLICATION
Sec. 2-400 Interpretation.
This Code shall be construed and applied to promote its underlying purpose and policies.
Sec. 2-401 Purposes and Policies.
The underlying purposes and policies of this Code are to provide the City of Coral
Gables (hereinafter "City") a unified purchasing system, with centralized responsibility
allowing for processing of some work by delegation. This code simplifies, clarifies and
Page 2 of 61
modernizes the rules and regulations governing procurement of the City while allowing
the continued development of procurement policies and practices and implementation
of a consistent procurement law and processes among the various departments. The
consistency of such law and processes strengthens and protects the City by: ensuring
the fair and equitable treatment of all persons doing business with the City and
providing a safeguard for maintaining high ethical standards, quality and integrity
within the procurement system; maximizing the purchasing values and economies of
scales of public funds to obtain cost-effective goods and services through a broad based
competition within the free enterprise system; and increasing public confidence in the
procurement procedures established and adhered to by all participants.
Sec. 2-402 Supplementary General Principles of Law Applicable.
Unless displaced by the particular provisions of this Code, the principles of law and
equity, including the Uniform Commercial and Code of this State, the law merchant,
law relative to ethics, contracts, agency business entities, fraud, misrepresentation,
duress, coercion, mistake, or bankruptcy shall supplement the provisions of this Code.
All contracts awarded by virtue of this Code, and all procurement of the City pursuant
to this Code, shall be governed by and construed under the laws of the State of Florida
and the local laws of the City of Coral Gables.
Sec. 2-403 Requirement of Good Faith.
This Code requires all parties involved in the negotiation, performance, or
administration of City contracts to act in good faith.
Sec. 2-404 Application of this Code.
(a) General Application: The provisions of this Code apply only to contracts solicited
or entered into after the effective date of this Code unless the parties agree to its
application to a Contract solicited or entered prior to the effective date.
(b) Application to Procurement: (a) This Code shall apply to every
purchase/procurement of goods and services by the City Commissioners, the City
Manager, the City Clerk, the City Attorney and all City departments/divisions,
regardless of tbe source of funds, including state, federal, county assistance
monies, except as specified in Sections 2-412 and 2-413, or as otherwise specified
by law. It shan also apply to the disposal of City supplies; (QlThis Code shall not
apply to either grants, agreements of any nature or contracts between the City and
qualified, eligible nonprofit grantees under Section 501 of the Internal Revenue
Code, other governments, or by specific action by the City Commission. Nothing
in this Code or in regulations promulgated hereunder shall prevent any
governmental body or political subdivision from complying with terms and
conditions of any grant, gift, bequest, or cooperative agreement.
Page 3 of 61
PART B-DEFINITIONS OF TERMS IN THIS CODE
Sec. 2-405 The following words, terms and phrases defined in this Section shall have the
meanings set forth below whenever they appear in this Code, except where:
(a) Context Determines Definition-The context in which they are used clearly requires a
different meaning; or
(b) Definition Prescribed-A different definition is prescribed for a particular Article or
provision.
The words "shall" and "will" are mandatory and "may" is permissive. Words not defmed
shall be given the meaning provided under their common and ordinary meaning unless the
context suggests otherwise.
1. Defmitions
Addenda or Addendum-means an instrument that is issued to add or supplement, delete,
modify or clarify any directions, instructions, information, terms and conditions to the
solicitations which are issued as separate documents after issuance of the solicitations.
Amendment-means a modification, deletion, or addition of terms, conditions, or
requirements to an executed agreement (contract) where the original parties who
executed the original contract must mutually agree and sign on the alterations.
Award-means the acceptance of a Bid, Offer, or Proposal by the proper Governmental
Authority for which funds have lawfully been appropriated by the City Commission.
Benchmarldng-means a performance measurement tool used to compare an
organization's internal [procurement] process, service, or product against other (external)
organizations similar process, service, or product to identify and achieve "best practice".
Bid-means a formal written price offered by an individual or business to the City to
furnish specific goods, materials or services in response to an Invitation for Bid.
Bid Bond-means an insurance agreement, accompanied by a monetary commitment
(usually 5% of Bid amount), by which a third party (the Surety) accepts liability and
guarantees that the Bidder win not withdraw the Bid. The Bidder will furnish bonds as
required, and if the Contract is awarded to the bonded (insured) Bidder, the Bidder will
accept the Contract as Bid, or else the Surety will pay a specific amount.
Bid Deposit-means a sum of money (usually 5% of Bid amount) which could be in a
form of a cashier's check, irrevocable letter of credit, money order or a bond issued by a
Surety and deposited with a Solicitation guaranteeing the Bidder will not withdraw the
Bid for a specific period of time, will furnish bonds as required, and will accept a
Contract, if awarded, or forfeit the deposit.
Page 4 of 61
Bid Waiver-means a process, whereby where a good or service may be procured without
a formal competitive bidding process because of a unique situation or circumstance or to
be in the best interest of the City (i.e. emergency, inter-local agreement with a
government agency, purchase goods from the manufacturer/producer, sole source, etc.)
Blanket Purchase Order (B.P.o.J-means a Purchase Order issued through an open
competitive process under which a Contractor or a Vendor agrees to provide goods or
services to the purchaser on a demand basis; the purchase order generally establishes
prices, terms, conditions, total dollar amount not to exceed, and the period covered, with
no specified quantities; shipments are to be made as required by the purchaser. It is also
known as an Open Purchase Order.
Brand Name or Equal Specifications-means a specification limited to one (1) or more
items by manufacturers' names, model, item or catalog numbers to describe the standard
of quality, performance, and other significant characteristics needed to meet the City's
solicitation requirements and which provides for the submission of equivalent products
on a Solicitation.
Business-means any corporation, partnership, individual, sole proprietorship, join stock
company, joint venture, or any other private legal entity.
Change Order-means a written order issued by the City Manager amending a Contract or
a Purchase Order to correct· errors, omissions, or discrepancies to cover acceptable
overruns and freight costs; incorporate requirements to expand or reduce the scope of
goods or service ordered and the time of delivery; or to direct other changes in contract
execution to meet unforeseeable circumstances, emergencies, climatic, regulatory or
market conditions.
Chie{Procurement Officer-means the person holding the position as the Director of the
Department of Procurement and Supplies Management of the City of Coral Gables.
QrLshall refer to the City Commission, City Manager or Chief Procurement Officer
where appropriate.
Competitive Sealed Proposal-means a solicitation (i.e. RFP, RFQ, RFLI) used for
requirements exceeding the formal bid threshold limit. When it is expected that in
addition to price negotiations with one or more bidders may be required with respect to
any aspect of the requirements, or other factors, will be considered in the selection ofthe
Proposer, Offeror, or Respondent.
Competitive Selection and Negotiation-means a method of procurement whereby
qualified professional(s) are requested to submit "Request for Proposal, Request for
Qualification, or Letter of Interest" and are "short listed" by an appropriately appointed
evaluation committee. Negotiations are held with, at the very least, the top three firms
who are ranked by preference, and negotiations being initiated with the best rated firm. If
Page 5 of 61
negotiatIOns are unsuccessful, those negotiations shall be terminated and negotiations
shall proceed with the next highest rank finn, until successfully negotiating an agreement.
Cone of Silence-means a prohibition on any communications between a potential
proposer, offeror, respondent, bidder, lobbyist, consultant or City Commissioner and
certain members of city staff regarding a particular Request for Proposal CRFP"),
Request for Qualifications ("RFQ"), Request for Letters of Interest ("RFLI"), Invitations
to Bid ("IFB"), or any other advertised solicitation from the time a solicitation is
advertised to contract award recommendation and does not include written
communications on file with the City Clerk.
Consultant-means a qualified person with education and/or experience to perform
specialized services of an advisory nature to support policy development, decision-
making, administration, or management of the City; normally provided by persons and/or
organizations considered to have prerequisite knowledge or special abilities not generally
available within the employees of the City.
Contract-means a promise or set of promises constituting an agreement between the
parties that gives each a legal duty to the other and also the right to seek a remedy for the
breach of those duties. Its essentials are competent parties, subject matter, a legal
consideration, mutuality of agreement, and mutuality of obligation.
Contract Administrator-means a person responsible to assure compliance with the terms
and conditions of the contract by both the City and the Contractor.
Contractual Party (Contractor)-means any individual or business having a contract with
the City to furnish goods or services.
Contractual Services-includes, but shall not be limited to, all gas, water, electric light
and power service; towel, uniform, cleaning Ganitorial), pest control, security guard, tree
trimming, ground (landscaping) maintenance services; and the leasing, rental, repair or
maintenance of equipment, supplies, machinery and other city-owned personal property.
Cooperative Purchasing-(a) procurement conducted on behalf of two or more public
entities; (b) the combining of requirements of two (2) or more public entities in order to
obtain the benefits of volume or bulk purchasing and/or reduction in administrative
expenses.
Debarment-means the exclusion of a person or business 01 end or) from participating in a
procurement activity for an extended period of time, as specified by law, because of an
illegal or irresponsible action.
Decentralized Purchasing-means an arrangement where certain purchasing authority or
functions are delegated to other city departments by the City Manager who retains policy
direction and responsibility.
Page60f61
Designee-means a duly authorized representative of a person holding a superior position.
Director o(Procurement-See Chief Procurement Officer.
Electronic Commerce-means the integration of electronic data interchange, electronic
funds, and similar techniques into a comprehensive electronic-based system of
procurement functions; could include the posting of ITBs, RFPs, RFQs, and RFLIs on
electronic bulletin boards, the receipt of bids via electronic interchange, notification of
award by e-mail, and payment via electronic funds transfer, for example. It is also known
as e-procurement or On-Line Bidding. Various forms of On-Line Bidding are Standard
Reverse Auctions, Sealed Bid Auctions and Real Time Reverse Auctions (see On-Line
Bidding).
Emergency Purchase-made to alleviate a circumstance threatening the health, welfare, or
safety under certain conditions defined as an emergency by the City, that does not allow
time for normal, competitive bidding.
Expandable/Consumable Items or Supplies-means items or supplies that are exhausted or
spent wastefully (i.e. food, drinks, some office supplies, toner, water, gas, electricity, etc.)
Express Warranty-means a verbal or written promise, ancillary to the sales agreement,
which is included in the written or oral terms of the agreement under which the promisor
assures the quality, description, or performance of the goods.
Firm Fixed-Price Contract-means a contract where the price is established and not
adjustable or variable, for the entire life of the contract or until a set quantity of goods or
services is delivered.
Goods-means any personal or tangible property (i.e. merchandise, supplies, raw
materials) other than real property or services.
Goods and Services-_a term of art. Refer to Goods and to Services.
Guarantee-means an expressed or implied assurance of the quality of goods offered for
sale, or of how long the goods can be expected to give satisfactory use.
Implied Warranty-means a warranty or promise arising by operation of law that
something which is sold shall be fit for merchantability and for a particular purpose for
which the seller has reason to know it is required.
Informal Bid-means a competitive bid or price quotation for goods or services that is
conveyed by letter, telephone, form or other means and does not require a sealed bid,
public opening, or public reading of bids because the prices are below the mandatory
formal bid threshold amount (same as Quotation or Request for Quotation), as detailed in
the Procurement Manual.
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Informality-means a minor or immaterial defect in a Bid that is matter of form rather
than substance; a variation of a Bid or Proposal from the exact requirements of the IFB,
RFP, RFQ or RFLI, which can be waived by the Chief Procurement Officer without
being prejudicial to other Bidders, and has no material affect on the price, quality,
quantity or delivery schedule for the goods or services.
Inventory-means goods in stock or itemized list of the goods in stock showing quantity,
volume, and value.
Inventory Control-means the supervision and monitoring of inventory levels and the
determination of estimated amounts needed; production, procurement, distribution,
maintenance, and disposal of materials.
Invitation {or Bids (lFB)-means the solicitation document and all attachments and
addendums used for formal competitive bidding for the procurement of goods, material,
equipment, and contractual services. The IFB is used when the user department is
capable of specifically defining the scope of work for which a Contractual Service is
required or when the user department is capable of establishing precise Specifications
defining the actual commodity or group of commodities required.
Latent De[ect-means an unknown deficiency or imperfection that impairs worth or utility
that cannot be readily detected from initial or visual examination of a product, such as the
use of materials in manufacturing that do not meet specifications or missing internal
parts, or a bug found in software after acceptance.
Liquidated Damages-means a specific sum stated in the Contract to be paid by the party
who is in default, or who breaches the contract, in settlement for damages. .
Lowest Responsive and Responsible Bidder-means the Bidder that submitted a Bid which
conforms in all material aspects to the requirements stated in the Invitation for Bid at the
lowest price of all the responsive Bids submitted, and whose past performance,
experience, staffing, equipment, facility, and financial capability is deemed acceptable.
Market Research-means the study of what people purchased, when they purchased, why
they purchase, and how they purchase, to enable a purchasing office to arrive at the most
suitable approach to acquiring supplies and services.
May-denotes the permissive, non-mandatory. Failure to comply with "may" generally is
not a matter of responsiveness.
Most Advantageous-means a judgmental assessment of what is in the best interests of the
City and denotes a condition, which will result in a maximum benefit conferred upon the
City.
Must-denotes the imperative, mandatory, essential, or necessary. Failure to comply with
a "must" directive will generally be a matter of responsiveness.
Page 8 of 61
Negotiation-means a bargaining process between two or more parties, each with its own
view points and objectives, seeking to reach a mutually satisfactory agreement on, or
settlement of, a matter of common concern; contracting through the use of proposals and
discussions, or any contract awarded without the use of formal competitive sealed
bidding.
Non-Expandable/Consumable Items or Supplies-means items or supplies not exhausted
or spent during use or that do not lose identity during use (i.e. furniture, vehicles, some
office supplies, equipment, computer hardware and software, etc.)
On-Line Procurement (E-Procurement)-means a procurement process in which the
Procurement and Supply Management Department purchases goods and services; or, to
sell, trade or otherwise dispose surplus goods, electronically transmitted over the internet
in a real-time, open, interactive competitive bidding event.
Open-End Contract-(also designated price agreement) means a Contract which sets forth
the general provision of goods and services that may be delivered or performed within a
given period of time, but quantity and/or duration is not specified. The quantity and
delivery are specified with the placement of a Purchase Order or Blanket Purchase Order.
Open Purchase Order-see Blanket Purchase Order.
Payment Bond-means a certificate (usually 100% of bid/proposal amount) issued by a
surety guaranteeing payments, as required by law, to all persons supplying labor or
material for the completion of work under contract by the successful Bidder or Proposer.
Performance Bond-means a certificate (usually 100% of bid/proposal amount) issued by
a surety to a successful Bidder or Proposer, to protect the City from loss to due to the
Bidder'slProposer's inability to complete and fulfill the Contract requirements as agreed.
Person-means any business, corporation, partnership, individual, union, committee, club,
organization, or group of individuals.
Pre-Bid/Proposal Con{erence-means a meeting held with prospective Bidders or
Proposers prior to solicitation of Bids or Proposals, to clarify any ambiguities, answer
Bidder or Proposer questions, and ensure all Bidders or Proposers have a common basis
of understanding regardless the supplies or services required.
Procurement-means the buying, purchasing, renting, leasing, or otherwise acquiring any
goods or services for public purposes in accordance with the law, rules, regulations and
procedures intended to provide for the economic expenditure of public funds. It includes,
but it is not limited to, all functions which pertain to the obtaining of any supplies,
materials, equipment and/or services, including public works and improvements and
capital improvement required by any department, regardless the source of funds. In a
broader sense, the term describes determining the need, selecting the Vendor or
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Contractor, arriving at a fair and reasonable price and tenns, preparing the Contract or
Purchase Order, and following up to ensure timely delivery. For the purposes of this
Code, it excludes those items set forth in Section 2-413.
Professional Services-(a) services rendered by which is substantially measured by the
professional competence of the person perfonning the service, and which are not
susceptible to realistic competition by cost of services alone; (b) services rendered by
members of a reco gnized profession or persons possessing a specialized skill. Such
services are generally acquired to obtain, advice, infonnation, instruction, training, direct
assistance. The Professional Service may include a report, or written advice which may
be lengthy; however, the main thrust of the service is not considered labor, but the
exercise of intellectual ability. The Procurement of Professional Service does not lend
itself to nonnal competitive bidding and price competition alone. These services shall be
procured by Competitive Selection and Negotiation (Request for Proposal, Request for
Qualification, or Letter of Interest).
Proposal-means an executed formal document submitted by an individual or business.
to the City where the selection is to be made on the basis of perfonnance that is offered
rather than price alone and may require an outline of details such as the Vendor's
qualifications and experience and the identification of problems and proposed solutions
in addition to details of price.
Proposal Bond-See Bid Bond.
Public Notice-unless otherwise specified herein, shall mean publication in a newspaper
of general circulation in the City, or posting on an electronic billboard, broadcast, or
message (i.e. website, internet), or any other means of making requirements known to a
large number of potential vendors, within a period of reasonable time.
Purchase Order-means the City's official document to formalize and authorize a'
purchase transaction with a Contractual Party. It should contain a description of goods
and/or services ordered, encumbered funds from specific budget code, applicable tenns
as to payment, discounts, date of delivery/performance, insurance and other factors or
conditions relating to the transaction. Acceptance of a Purchase Order by a Contractual
Party shall constitute a Contract, except in those instances in which a [Blanket] Purchase
Order is used only as an internal encumbrance document
Purchasing-means the same as Procurement, as defined herein.
Ouotation-See Infonnal Bid, same as Request for Quotation.
Receiving Report-means a fonn listing items or services received from a Vendor; used to
match purchase order, Vendor's invoices, and payment vouchers before payment.
Receiving Report must be signed off by a City employee upon completion of delivery of
goods or service and received in the purchasing software system by Procurement before
Finance makes payment.
Page 10 of 61
Request {or Letters of Interest (RFLI) -means a formal solicitation of responses from
interested and prospective proposers to submit a summary of their qualifications and/or
capabilities and state their interest in performing a specific job or service. Proposers may
be given latitude in offering a service that may fulfill the City's need.
Request {or Proposals (REP) -means all documents, whether attached or incorporated by
reference, utilized for soliciting competitive sealed proposals for goods and/or services.
Evaluation of a Proposal is based on prior established criteria wherein the REP shall state
the relative importance and weight of price and other evaluation factors.
Request {or Qualifications (RFQ)-means a formal solicitation of responses from
interested and prospective Proposers/Respondents in which factors other than price,
including but not limited to financial capability, reputation, experience, and competency
are considered and evaluated in order to develop a short list of qualified respondents.
Request or Invitation for Quotation-See Informal Bid, same as Quotation.
Requisition-means a request sent by the end-user/using department which details goods
-or services required to the Procurement Department, pre-encumbering the funds from a
specific budget code to cover the purchase.
Responsible Bidder, Proposer, O{foror, or Res12ondent-means a person who has the
capability as determined by the City, in all respects to perform fully the Contract
requirements, and the integrity and reliability which will assure good faith performance.
Responsive Bidder, Proposer, Offeror, or Respondent-means a person who has submitted
a Bid or Proposal which conforms in all material respects to the solicitation.
Scope/Statement of Work-means a detailed description of the work set forth in the
Request for Proposal, Request for Qualifications, or Request for Letters of Interest which
the Contractual Party will be required to perform.
Services-means the furnishing of labor, time, or effort by a Contractor, not involving the
delivery of a specific end product other than reports which are merely incidental to the
required performance. This term includes "Professional Services", except those defmed
in Florida Statute Section 287.055, Consultant's Competitive Negotiations Act, as
amended from time to time by the State of Florida and under the jurisdiction of the
Department of Public Works. This term shall not include employment agreements or
collective bargaining agreements.
Shall-denotes the imperative, mandatory, essential, or necessary. Failure to comply with
a "shall" directive will generally be a matter of responsiveness.
Should-denotes the pennissive, non-mandatory. Failure to comply with "should"
generally is not a matter of responsiveness.
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Signature-means a manual or Electronic Identifier or the Electronic Result of an
authentication technique attached to or logically associated with a record that is intended
by the person using it to have the same full force and effect as manual signature [Florida
State Statutes Chapter 668, Part I Electronic Signatures, as amended].
Small Purchase-means any purchase below the mandatory formal bid threshold amount,
as further detailed in the Procurement Manual.
Sale Source-means the only existing source of the item or service which meets the needs
of the Using Agency, City departments, City Commission, City Manager, City Clerk, and
City Attorney, as determined by a reasonably thorough analysis of the marketplace.
Solicitation-means a request or an Invitation for Bids to provide goods or services; or a
request for a priced offer to sell goods or services. It may be by an infonnal (non-
advertised) or formal (advertised) basis. For example, a Request for Quote, Invitation for
Bids, Request for Proposals, Request for Qualifications or Requests for Letters of
Interest.
Specifications-means a concise statement of a set of requirements to be satisfied by a
product, material, or process used in an Invitation for Bids or Request or Invitation for
Quotation to describe the goods, equipment, and/or Contractual Services to be purchased
or otherwise acquired.
Standardization-means the process· of establishing agreement on the characteristics and
quality of the products to be purchased to achieve cost savings.
Supplies-includes equipment, materials, printing and insurance.
Surety-means an individual or corporation legallyliable for the debt, default, or failure of
a Bidder, Proposer, offer, respondent to satisfy the obligations of Contract.
Surelus Property-means surplus, obsolete, or scrap supplies. "Surplus supplies" are
supplies capable of being used but are in the excess of the normal operating requirements
of the City. "Obsolete supplies" are supplies which may no longer be used for the
intended purpose when the use has become economically impractical. "Scrap supplies"
are those supplies that can no longer be used either safely or economically for any
purpose except for possible salvage value.
Termination for Convenience-means an action by which the Procurement and Supply
Management Department, in accordance with contract provisions, unilaterally cancels all
or parts of the Contract work in the best interest of the City, and with no reflection on the
contractor's performance.
Termination {or Default-means an action by which the Procurement and Supply
. Management Department, in accordance with contract provisions, unilaterally cancels all
Page 12 of61
or part of the Contract work due to the Contractor's failure to perform in accordance with
the terms and conditions of the contract.
Terms and Conditions (T's and C's)-means all language in a Contract including
applicable standard clauses and special provisions, the rules under which all Bids must be
submitted, and the stipulations, applicable to most Contracts, issued by the Procurement
and Supply Management Department.
Using Agency-also known as the user department or end-user, is any department, office,
commission, trust, board, committee that requisitions goods and/or service procured
pursuant to this Article.
Vendor-means one who sells goods or services; a supplier.
Warranty-means the representation, either expressed or implied that certain fact
regarding the subject matter of a contract is presently true or will be true; a promise that
certain facts are truly as they are represented to be and that they will remain so, subject to
any specified limitation.
ARTICLE II-PROCUREMENT ORGAt~IZATION
PART A-CITY OF CORAL GABLES PROCLlillMENT AND SUPPLY
MUL~AGEMENTDEPARTMrnNT
Sec. 2-406 Creation of the Department of Procurement and Supply Management.
There is hereby created in the City of Coral Gables the Department of Procurement and
Supply Management which shall be headed by the Chief Procurement Officer also known
as the Director of Procurement. The former Purchasing Department shall be hereafter
known as the Department of Procurement and Supply Management.
Sec. 2-407 Procurement and Supply Management Department.
The Procurement and Supply Management Department is the centralized agency with
established duties and responsibilities for a11 procurement and contracting for goods,
material, equipment, Contractual Services, Professional Services, Consultant services
and/or combination of goods and services; for performance of the City'S procurement
functions, and for implementation of the provisions of this Code. The Chief Procurement
Officer shall be the Director of this department.
PART B-CITY MANAGER, CHIEF PROCUREMENT OFFICER AND/OR
DIRECTOR OF PROCUREMENT
Sec. 2-408 Authority of the City Manager and the Chief Procurement Officer/Director
of Procurement.
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(a) City Manager-
The City Manager is the Chief Administrative Officer of the City and shall carry out
the functions and responsibility as designated in the City Charter. The City Manager
retains the sole authority to execute Contracts and Agreements, as approved by the
City Attorney, except and to the extent provided herein, or when lawfully delegated to
appropriate department heads.
The City Manager shall appoinfa Chief Procurement OfficerlDirector of Procurement
who shall have authority over implementation of policies, procedures, regulations and
forms governing City contracting methods and procedures; types of Contracts;
qualifications and duties; inspections and audits; disputes and remedies; ethics; and
public access and information set forth in this Procurement Code and in the
Procurement Manual. The City Manager retains the authority to delegate purchasing
functions to other City departments, as provided in this Code.
Requests for change orders which do not exceed 15% of the original contract award or
Purchase order shall require approval by the City Manager. Requests for Change
Orders which exceed 15% of the original contract aware or purchase order shall
require approval of the City Commission.
(b) Chief Procurement Officer
The Chief Procurement OfficerlDirector of Procurement shall serve as principal
procurement officer of the City of Coral Gables. As such, the Chief Procurement
Officer shall have all rights, powers, duties, and authority relating to the Procurement
and contracting of goods and/or services for the City, including the authority:
(1) to determine the lowest or highest Responsive and Responsible Bidder, Proposer,
Offeror, or Respondent, as the case may be;
(2) to approve all purchases and awards up to $50,000;
(3) to certify for compliance with applicable procurement methods all purchases and
awards not in excess of $100,000 for goods and services, except as otherwise
provided in this Code; and
(4) to issue those Purchase Orders and Change Orders for the Purchase of Goods and
services governed by this Code, provided those orders in conformance with law
and all applicable rules and regulations.
(5) to approve the use of a competitive Contract for the purchase of necessary goods
or services which has been secured by or on behalf of any federal, state, county, or
municipal government, or by any other governmental entity or by any non-profit
organization or state-funded institution.
Page 14 of61
(6) to participate in cooperative purchasing when it is in the Best Interest of the City.
(7) to declare vendors who default on an Informal Bid, Quotation, or Request for
Quotations as "non-responsible bidders" and to delay those vendors from receiving
businessfrom the City for a stated period of time under the procedures provided in
this article.
(8) to sell, trade, transfer, auction or otherwise dispose of surplus City-owned personal
property regardless of dollar amount.
Sec. 2-409 Duties of the Chief Procurement OfficerlDirector of Procurement.
(a) Except as otherwise specifically provided in this Code, the Chief Procurement
Officer shall, in accordance with these regulations:
(1) Administer the central procurement and contracting system for the City;
(2) Procure, train and supervise City staff on the procurement of all goods and
services as needed by the City in the manner provided by this Code.
(3) Transfer or sell surplus supplies or property to other governmental agencies,
to the public by sealed bids, public auction, trade equipment on new
purchases, or dispose of property in any other method consistent with the
laws of the state of Florida.
(4) Provide for the establishment /promulgation of Administrative Policies and
Procedures of Procurement, and its Operations Manual, which shall be
reviewed by the City Manager, and amended from time to time;
(5) Take all necessary actions to promote, encourage, and maximize free
competition;
(6) Be responsible in procuring goods and services upon verification of sufficient
funds within the specified budget code;
(7) Determine the method of selection for each type of procurement;
(8) Standardize, to the extent possible, Contract clauses, terms and conditions,
and documents;
(9) Establish and maintain a program for the development and usage of standard
specifications for goods and services;
(10) Conduct effective market research and industry comments for and with
departments, when and as appropriate;
Page 15 of 61
(11) Keep such submissions as may be required from individual procurement
liaisons, procurement agents, departments, and offices, keep such records as
will adequately reflect leases, Specifications, Invitation for Bids, Requests for
Proposal, Requests for Quotations, Request for Letters of Interest, Bids,
Quotations, Proposals received, actions taken, final-disposition, and the
Purchase of goods and services and disposal of supplies, materials, and
equipment.
(12) Maintain a current list of possible sources of supply for all goods and services
purchased by the City, as indicted in the Administrative Regulations and/or
Procurement Code;
(13) Exercise direct supervision and operate the City's central warehouse for the
purpose of volume purchases of items which may be more economically
purchased and distributed than purchase on an individual basis; to provide
facilities for storage of critically needed supplies and to store and dispose of
surplus property; and to provide general supervision over all inventories of
supplies belonging to the City;
(14) Establish and maintain programs for the inspection, testing and acceptance of
supplies or services.
(15) Submit an annual report on the operation of the City's procurement system to
the City Manager, together with recommendations for its improvement.
(16) Administer and submit a quarterly report to the City Commission with a list
of Contracts awarded by the Chief Procurement Officer and the City
Manager, in accordance with delegated authority.
(17) Perform such other duties as may be provided for in other sections of this
Code, or as directed by the City Manager or Designee.
Sec. 2-410 Delegation of Authority by the Chief Procurement OfficerlDirector of
Procurement.
The City Manager may delegate in accordance with procedures set forth in the Administrative
Regulations in the Office of the City Manager to various departments the authority to purchase
goods or services, below a certain dollar amount, if the Chief Procurement Officer deems it more
advantageous to the City for procurement to be conducted by a department(s) rather than by the
Procurement and Supply Management Department. Delegated purchases will be processed
under the same rules, regulations and Code provisions that govern the central procurement
system. Delegation of purchasing authority will only be granted at the discretion of the City
Manager after individuals within the department(s) have satisfied the Chief Procurement Officer
of the knowledge of the existing rules, regulations and Code.
Page 16 of61
PART C-ORGANIZATION OF PtTBLIC PROCUREMENT
Sec. 2-411 Transfer and Centralization of Procurement Authority.
Personal Property versus Real Property. For the purposes of this section, Personal
Property shall be defined as items of merchandise, supplies, raw materials, or finished
goods. Personal Property is movable and tangible. Real Property shall be defined as
land, and generally whatever is erected or growing upon or affixed to land. Real Property
is non-movable and intangible.
Except as otherwise provided in this Code, all rights, powers, duties, and authority
relating to the procurement of supplies and services (Personal Property), and the
management, control, warehousing, sale and disposal of supplies and services (Personal
Property) now vested in or exercised by any department or office are hereby transferred
to the Chief Procurement Officer. All rights, powers, duties, and authority to procure,
lease, or sell real property shall remain vested in the Department of Public Works.
Sec. 2-412 Authorityto Contract for Legal Services.
The City Attorney is the Chief Legal Officer of the City. The City Attorney shall
prepare or review for form and legal sufficiency, all contracts, bonds and other written
instruments that require municipal approval or signature. The City Attorney sha11
perform all legal services required to accomplish the purposes of their office, and
shall have the authority to retain outside legal services when such services are necessary
due to a conflict of interest under state law, the Rules of Professional Responsibility,
where factual circumstances arise where representation of multiple parties mayor will
create a conflict of interest, or when the City Attorney deems it necessary in the Best
Interests of the City.
Legal services having a unique, specialized skill or knowledge of an area of legal practice
as defined by state law shall be exempt from the Competitive Negotiations/Competitive
Sealed Proposal laws.
All attorneys retained or employed by the City, regardless of the nature or kind of
service performed or the title or designation under which they render legal service
for the City,. are hereby placed under the direct supervision and control of the City
Attorney.
Sec. 2-413 Exemptions.
(a) Unless otherwise ordered by policy, the following supplies goods and serVices are
exempted from this Code and may, or may not be procured though the Department
of Procurement and Supply Management, but shall nevertheless be procured,
whenever possible, in accordance with the requirements of this Code:
(1) Dues and memberships in trade or professional organizations;
Page 17of61
registration fees for trade and career fairs; sUbscriptions for periodicals and
newspapers; advertisements; .postage; expert witnesses, legal services,
mediator services, paralegal services, real property, real estate brokerage and
apprmsmg, options of title or abstracts of titles for real property; title
insurance for real property, and other related costs of acquisition or sale of real
property; utilities including but not limited to electric, water and sewer, and
telephone; copyrighted materials or patented materials including but not
limited to technical pamphlets, published books, maps, testing or instructional
materials; fees and costs of job-related seminars and training; lectures by
individuals; meeting rooms.
(2) Goods purchased with petty cash andJor with procurement cards in
accordance with established City procedures.
(3) Items purchased for resale to the general public.
(4) Purchase of groceries.
(5) Works of art for public places, and art design and conservation services.
(6) Hotel accommodations and travel services on City business as provided in
Administrative Regulations 3.05
(7) Purchase of public ov:ned transportation services.
(8) Purchase of tickets for special events, tourist attractions and amusement parks.
(9) City sponsored events as authorized in the yearly City budget.
(10) Entertainment services (including banquets and similar food services) for City-
sponsored events; and, artistic services.
r
(11) Purchases of motor vehicle license plates from a governmentally regulated
monopoly or a government agency.
(12) Contracts between the City and government entities or non-profit
corporations; and services provided by governmental agencies.
(b) Competitive process under the jurisdiction of the Department of Public Works.
The following are subject to the jurisdiction of the Public Works Director. However, the Public
Works department shall be required to provide copies of all contracts, leases or other similar
written legal instruments to the Chief Procurement Officer and Finance Director.
(1) Public Works projects may include, but not limited to, constructions; street
and drainage improvements; maintenance and rehabilitation of roadways and
sidewalks; traffic control; cleaning of waterways; city utilities and public
Page 18 of61
right-of-ways; lighting maintenance under the jurisdiction of the Department
of Public Works.
(2) Procurement of architectural and engineering services, land surveyors or
mapping services, landscape architectural services, construction managers, or
any other services as defined in Florida Statute Section 287.055, Consultant's
Competitive Negotiations Act, as amended from time to time by the State of
Florida and under the jurisdiction of the Department of Public Works.
(3) Leases for all grounds, building, office or other space required by using
department(s) under the jurisdiction of the Department of Public Works.
PART D-CITY OF CORAL GABLES PROCUREMENT REGULATIONS
Sec. 2-414 Promulgations of Regulations.
The City Manager shall issue Administrative Regulations applicable to all City staff.
The Chief Procurement Officer shall develop and promulgate a Procurement Manual
in accordance with the applicable provisions of the City of Coral Gables Procurement
Code to all City departments/divisions/offices.
Sec. 2-415 Existing Contracts Not Changed.
Regulations shall not change existing Contract rights. No regulation shall change
any commitment, right, or obligation of the City or of a Contractor under a Contract
in existence on the effective date of such regulation.
Sec. 2-415.1 Sec. 4 O. Appropriation necessary for City liability; maXl1llum duration of
contracts.
a) Contracts for materials or supplies. No contract for materials or supplies shall
exceed three years, with all applicable extensions thereof, except when approved by four-
fifths vote of the City Commission. In no event shall a contract for materials or supplies
exceed ten years.
b) Contracts for services. Contracts for services which either exceed ~ L
Hundred Dollars ($7,500.00), one hundred thousand ($100,000) or exceed eRe three C--
years in duration, shall be subject to approval of the City Commission. In no event shall
a contract for services exceed ten years.
Page 19 of 61
right-of-ways; lighting maintenance under the jurisdiction of the Department
of Public Works.
(2) Procurement of architectural and engmeering services, land surveyors or
mapping services, landscape architectural services, construction managers, or
any other services as defined in Florida Statute Section 287.055, Consultant's
Competitive Negotiations Act, as amended from time to time by the State of
Florida and under the jurisdiction of the Departrrient of Public Works.
(3) Leases for all grounds, building, office or other space required by using
department(s) under the jurisdiction of the Department of Public Works.
PART D-CITY OF CORAL GABLES PROCUREMENT REGULATIONS
Sec. 2-414 Promulgations of Regulations.
The City Manager shall issue Administrative Regulations applicable to all City staff
The Chief Procurement Officer shall develop and promulgate a Procurement Manual
in accordance with the applicable provisions of the City of Coral Gables Procurement
Code to all City departments/divisions/offices.
Sec. 2-415 Existing Contracts Not Changed.
Regulations shall not change existing Contract rights. No regulation shall change
any commitment, right, or obligation of the City or of a Contractor under a Contract
in existence on the effective date of such regulation.
Sec. 2-415.1 Sec. 4 O. Appropriation necessary for City liability; maxImum duration of
contracts.
a) Contracts for materials or supplies. No contract for materials or supplies shall
exceed three years, with all applicable extensions thereof, except when approved by four-
fifths vote of the City Commission. In no event shall a contract for materials or supplies
exceed ten years.
b) Contracts for services. Contracts for services which either exceed Seventy-Five
Hundred Dollars ($7,500.00), or exceed one year in duration, shall be subject to approval
of the City Commission. In no event shall a contract for services exceed ten years.
Page 19 of61
No liability shall be enforceable against the City upon any contract not supported by a
previous appropriation, nor shall the City be liable for any services, materials or supplies
furnished to the City or to any department, office or division thereof, the financial
requirements of which are to be met out of the proceeds of taxes or other funds
controlled by the Commission, unless the Commission shall previously have made an
appropriation therefore.
In the event that contracts are to extend over a period longer than one year, and which
are to be met from current receipts of the City, it shall be lawful for the Commission to
make appropriation sufficient to answer the requirements of any such contracts for only
one year and the contract shall be legal and binding, subject to the above limitations,
notwithstanding no appropriation has been made for the ensuing years over which it is to
be operative, and it shall be the duty of the Commission to make appropriations from
year to year as required for the purposes of such contracts.
PART E-COORDINATION, TRAINING, AND EDUCATION
Sec. 2-416 Collections of Data Concerning Procurement.
The Chief Procurement Officer shall cooperate with the Department of Finance
Internal Auditor; and, External Auditor in the preparation of statistical data
concerning the procurement, usage, and disposition of all supplies and services, and
employ such trained personnel as may be necessary to carry out this function. All
City departments shall furnish such reports as the Chief Procurement Officer may
require concerning usage, needs, and stocks on hand, and the Chief Procurement
Officer shall have authority to prescribe forms to be used by City departments in
requisitioning, ordering, and reporting of supplies and services.
PART F-DUTIES OF THE CITY ATTORl~EY
Sec. 2-417 Duties of the City Attorney.
The City Attorney or authorized designee in that office shall serve as legal counsel
and provide legal services to the Chief Procurement Officer.
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ARTICLE III-SOURCE SELECTION AND COKTRACT FORMATION
PART A-METHODS OF SOL'RCE SELECTION
Sec. 2-418 Methods of Source Selection.
Unless otherwise authorized by law or ordinance, all City Contracts shall be
awarded by one of the following methods:
. (a) Section 2-419 (Competitive Sealed Bidding)-(Formal Bids);
(b) Section 2-420 (Multi-Step Bidding);
(c) Section 2-421 (Competitive Negotiations/Competitive Sealed Proposals);
(d) Section 2-422 (Small Purchases)-(Informal Bids);
(e) Section 2-423 (Sole Source Procurement);
(f) Section 2-424 (Emergency Procurement);
(g) Section 2-425 (Bid Waiver Procurement);
Sec. 2-419 Competitive Sealed Bidding (Formal Bids).
(a) Conditions for Use. Competitive sealed bidding shall be used for the award of
all Contracts for goods and services over $25,000, except as otherwise provided
for in this Code, where it is both practicable and advantageous for the city to
specify all detailed plans, specifications, standards, terms and conditions so that
adequate competition will result and award may be made to the Lowest
Responsive and Responsible Bidder principally on the basis of price.
(b) Invitation for Bids. An Invitation for Bids shall be issued and shall include but
not limited to:
(1) Bid Introduction-explanation of the City'S intent and background of the
City's needs, certain definition of terms used throughout or relative to the
Bid solicitation, language on Bidder responsibility, Bid Award, Bid
Clarification, addendum, and order of precedence of the different Bid
documents.
(2) General Terms and Conditions-the portion of the Bid that incorporates
the standard clauses and requirements common to all Contracts
(boilerplates). Certain standard clauses and requirements are: the City
reserving the right to reject any or all Bids; the selling, transferring or
assigning of the Contract; audit rights and records retentions; firm prices;
Bid and performance bond language; public entity crimes; right to terminate
Contract (for convenience); public records, indemnity clauses, insurance
requirements, if applicable ..
(3) Special Conditions-the portion of the Bid which contains scope and purpose
of the Bid, non-mandatory/mandatory Pre-Bid conference information,
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Contract term, deadline for request of additional information or clarification,
Contact information on the buyer/contract or procurement specialist,
Conditions for renewal of Bid Contract, method of award, bidder
qualifications, bid bond and performance bond requirements, if applicable,
(4) Specifications-any description ofthe physical or functional characteristics
or of the nature of a good or service. It may include a description of any
requirements for inspecting, testing or preparing a good or service for
delivery or performance schedule.
(5) Bid Instructions-information to Bidders concerning the Bid submission
requirements, including the date, time and location for delivery, receipt and
opening of Bids, preparation of Bids, taxes, Bid forms.
(6) Price Sheet-Bidders discloses price to provide the described good or
service to the City.
(c) Public Notice. Notice inviting Bids shall be published at least once in a
newspaper of general circulation in the City, posting on an electronic billboard,
broadcast, or message (i.e. website, internet), or any other means of making
requirements known to a large number of potential vendors, within a reasonable
time prior to Bid opening; but in any event at least 10 calendar days shall
intervene between the last date of publication, posting or any other type of
public notice and the final date for submitting Bids.
(d) Pre-Bid Conferences. Pre-bid Conferences may be held to explain the
-requirements of the proposed Solicitation and shall be announced to all
prospective Bidders known to have received and Invitation for Bids.
Conferences should be held long enough within a reasonable timeframe after the
Invitation for Bids have issued to allow prospective Bidders to become familiar
with the proposed Procurement, but with sufficient time before Bid opening to
allow consideration of any modifications, additions, deletions or clarifications in
preparing Bids. Nothing stated at a Pre-Bid Conference shall change the
material or substance of the Invitation for Bids unless change is made by issuing
an Addendum, which shall be supplied to all those prospective Bidders known
to have received and Invitation for Bids. All Pre-Bid Conferences shall be
recorded, and, if a transcript is made, such transcript shall be a public record.
(e) Bid opening. All Bids shall be submitted sealed and clearly marked with Bid
number and title to the Office of the City Clerk and shall be opened publicly by
the Chief Procurement Officer or Designee in the presence of one or more
witnesses at the date and time stated in the Public Notice and in the Invitation
for Bids. The amount of each Bid and such other relevant information as may
be deemed desirable( i.e. Bid Bond submitted, acknowledgment of Addendum),
and the name of each Bidder, shall be recorded; the record and each Bid shall be
open to public inspection within the time frame specified in the Florida statutes,
Page 22 of 61
Public Records Act, Chapter 119. No determination of Lowest Responsive and
Responsible Bidder will be made at the time of Bid opening. The lowest bid
amount read at the Bid opening shall be read as the. "apparent Lowest
Responsive and Responsible Bidder". Bids received after Bid opening date and
time shall be date stamped and returned to the Bidder.
(f) Bid acceptance and evaluation. Bids shall be unconditionally accepted without
alteration or correction, except as authorized in this Code. Bids shall be
evaluated based on the requirements set forth in the Invitation for Bids, which
may include criteria to determine acceptability such as inspection, quality,
workmanship, delivery and suitability for a particular purpose. Those criteria
that will affect Bid price and be considered in evaluation for award shall be
objectively measurable, such as discounts, transportation costs, and total or life
cycle costs. The Invitation for Bids shall set forth the evaluation criteria to be
used. No criteria may be used in Bid evaluations that are not set forth in the
Invitation for Bids.
(g) Cancellation of Bids.
1. Cancellation or Postponement of Bid Opening. Any time prior to the
Bid opening date and time, the Procurement and Supply Management
Department may cancel or postpone the Bid opening or cancel the
Invitation for Bid in its entirety.
2. Rejection After Bid Opening. After Bids are open, any or all Bids
may be rejected by the City Manager and/or City Commission with or
without cause.
(h) Withdrawal of Bids.
(1) Bid Amendments Prior to Opening. Any Bidder may voluntarily
withdraw or amend a bid at any time prior to Bid opening by
providing written notice to the Chief Procurement Officer that a bid
should not be considered or that a Bid should be amended.
Amendments should be forwarded to the Procurement and Supply
Management Department, in the same manner as the original Bid.
(2) Bid Amendments After Opening. After Bid opening, Bidders shall not
be allowed to withdraw a Bid in less than ninety (90) days, or a specific
time period stated in the Invitation for Bid with the following exceptions:
a. Non-Judgmental Mistake. The Bidder is alleging a nOll-
judgmental mistake of fact which reasonably can be proven by
submission of backup documentation of evidentiary value clearly
showing that the mistake is clerical and non-judgmental, but the
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evidence is not clear enough for correction of unit prices as provided
in Section 2-419.2.(b).
b. Prima Facie Evidence of Mistake. The Bid is so outrageous as to
be prima facie evidence of a Bid mistake, but a mistake that cannot
be corrected of mathematical computation.
c. Unilateral Withdrawal of a Bid. Any Bidder who unilaterally
withdraws a Bid without permission before ninety (90) days have
elapsed from the date of Bid opening or a time specified in the
Invitation for Bids may be debarred in accordance with the
applicable provisions of this Code. The Chief Procurement Officer
may waive this debarment for cause.
(i) Determination of Responsiveness and Responsibility. The determination of a
Non-Responsive or Non-Responsible Bidder and the permitting of withdrawals
or corrections of Bids, in accordance with the directives of this Code, shall be
the duty and responsibility of the Chief Procurement Officer after consultation
with the City Attorney. The Chief Procurement Officer shall only recommend
award or cause award to be made to Lowest Responsive and Responsible Bidder
of the best evaluated Bid. All determination of Responsiveness, Responsibility
or allowance for a change of non-material errors in, or withdrawal of, a Bid shall
be made in writing and contained in the Bid file.
(j) Award. The Bid shall be awarded with reasonable promptness by written
notice to the Lowest Responsive and Responsible Bidder, whose Bid meets the
requirements and criteria set forth in the Invitation for Bids. For any
Procurement, including Contracts, a Bid to be awarded which does not exceed
$100,000 on a single purchase or per annum shall be awarded by the City
Manager only upon certification of the results of the evaluation and the Bid
tabulation by the Chief Procurement Officer as being in compliance
with competitive sealed bidding methods, except as otherwise provided in this
Code. Copies of the City Manager award shall be delivered to the
affected department directors. In all instances, the City Manager retains the
discretion to present the recommendation and decision to the City Commission
for final determination.
All Bid awards in excess of $100,000 must be approved by the City Commission
upon recommendation by the City Manager. The decision of the City
Commission shall be [mal. Threshold amounts referenced herein shall include
the values associated with potential options of renewal. Awards made by the
Chief Procurement Officer, City Manager or by the City Commission shall
include authority for subsequent options of renewal, if any. The aforementioned
options of renewal shall be exercisable at the option of the Chief Procurement
Officer if, after review of past performance under the Contract, the Chief
Procurement Officer determines, in his/ber sole discretion that exercise of the
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option renewal is in the Best Interest of the City.
The Chief Procurement Officer, the City Manager or the City Commission shall
have the authority to reject any or all Bids or portions of Bids, or to negotiate
with the lowest Bidder for better pricing.
In the event only one Bid is received, the City may award to the sole bidder,
negotiate for better pricing or may re-bid, whichever is in the Best Interest of the
City.
The Chief Procurement Officer shall submit to the City Manager on a quarterly
basis a list of procurements or Contracts awarded by the Chief Procurement
Officer.
The City Manager shall submit to the City Commission on a quarterly basis a list
of procurements or Contracts awarded by the Chief Procurement Officer and the
City Manager.
(1) Tie Bids. If two or more bidders are tied, the tie may be broken and the
successful Bidder selected by the following criteria presented in order of
importance and consideration.
a. Quality of the good or service Bid, if such quality is ascertainable.
b. Delivery time if provided in the Bid by the Bidders.
c. Preference to Bidders with drug-free workplace programs as defined in
Section 287.087, Florida Statutes, as amended.
d. Location from the furthest Bidder, when Bidders' businesses location
are outside the corporate limits of the City of Coral Gables and Miami-Dade
County.
e. Location ofthe Bidder within the City of Coral Gables, first, and then
Miami-Dade County, second, if other Bidder (s) location are outside the
corporate limits of the City of Coral Gables and Miami-Dade County. In
cases where a tie exist between a Bidder located within the City of Coral
Gables and the other Bidder located within Miami-Dade County, the Bidder
located within the City of Coral Gables prevails.
(2) Authority to Award to Second Low Responsive and Responsible Bidder After
Rescission of Contract. If within ninety (90) days after Bids are opened, or
any period Bids are required to remain firm as prescribed in the Invitation for
Bid, the Contract of the Lowest Responsive and Responsible Bidder is
rescinded, the City may elect to award the contract to the next Lowest
Responsive and Responsible Bidder. After the ninety (90) day period or
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alternate period prescribed in the Invitation to Bid, the City may award to the
next Lowest Responsive and Responsible Bidder provided:
a. A determination is made that it is in the Best Interest ofthe City to award
based on the present Bids rather than re-bid, and
b. The next Lowest Responsive and Responsible Bidder agrees, in writing, to
the extension of the Bid price for the additional period oftime.
The City Manager has the authority to rescind a Contract and award to the
next Lowest Responsive and Responsible Bidder on a Contract which does
not exceed $100,000 on a single purchase or per annum.
The City Commission has the sole authority to rescind an annual or multi-year
contract exceeding $100,000 and award to the next Lowest Responsive and
Responsible Bidder upon recommendation by the City Manager.
(3) Contract Extension. All Invitation for Bids for Open-End contracts shall,
when practical, provide for an extension of the Contract for a period of time
period up to the amount of the original time period, upon mutual agreement
between the City and the Contractual party and written analysis by the Chief
Procurement Officer that renewal is in the Best Interest of the City.
(4) Price Adjustment. Contract may be awarded with provisions for upward and
downward price adjustments provided this allowance is part of the original Bid
solicitation and the adjustments are based on a nationally recognized or
published index or other criteria acceptable to the Chief Procurement Officer.
(5) Cancellation of Solicitation. A request for solicitations may be canceled
and any or all responses to solicitations may be rejected in whole or in part
when it is in the Best Interest of the City. The reasons therefore shall be made
part of the Purchasing file. After solicitations are opened, such rejection shall
be made by the Chief Procurement Officer.
Sec. 2-420 Multi-Step Sealed Bidding.
When it is considered impractical to initialJyprepare specifications to support an
award based on price, an Invitation for Bids may be issued requesting submission
of unpriced offers to be followed by an Invitation for Bids limited to those
Bidders whose offers have been qualified under the criteria set forth in the first
solicitation.
Sec. 2-421 Competitive Negotiations/Competitive Sealed Proposals.
(a) Conditions for Use. Competitive Negotiations/Competitive Sealed Proposals
shall be used in those circumstances in which it is neither practicable nor
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advantageous to procure any specific good or service by competitive sealed
bidding, the Chief Procurement Officer may determine to consider a range of
competing plans, specifications, standards, terms and conditions so that
adequate competition will result and award be made to the Proposer or
Respondent whose Proposal contains the most advantageous combination of
solution, experience, quality, or other features in addition to price. All
Contracts shall be approved by the City Attorney and executed by the City
Manager.
(b) A Contract may be entered into by use of the Competitive Negotiation!
Competitive Sealed Proposal methods when:
(1) The Chief Procurement Officer determines that the complex specialized
nature or teclmical details of a particular procurement make the use of
Competitive Sealed Bidding either not practicable or reasonable, or not
advantageous to the City; or
(2) Technology, electronic, software, and system applications are available
from a limited number of sources; or
(3) Qualifications and the quality of the service to be delivered can be
considered more important than price.
(c) Competitive Negotiations/Competitive Sealed Proposals shall be used in the
Procurement of Professional Services except for:
(1) Professional Services as defined in Florida Statute Section 287.055, as
amended from time to time.
(2) Legal services.
(3) Services related to the cultural, educational, recreational or park activities
provided by non~profit organizations within city parks. These services
may be awarded without competitive negotiations if the City Manager
makes a written finding, supported by reason, to the City Commission that
Competitive Negotiation methods are not practicable or advantageous.
Such findings must be ratified and the award approved by the City
Commission after a properly advertised public hearing.
(4) Maintenance agreement to support proprietary software applications.
(d) Competitive Negotiations Method.
Where the Contract does not exceed $50,000, at least three (3) written
Proposals shall be solicited and the city shall enter into Competitive
Negotiations to determine which Proposal is Most Advantageous to the city.
The written Proposals received and the results of the evaluation shall be
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maintained as a public record by the Procurement and Supply Management
Department. The Contract may be awarded by the Chief Procurement
Officer. The Chief Procurement Officer shall submit to the City Manager on a·
monthly basis a list of contracts awarded by the Chief Procurement Officer.
All Contracts shall be executed by the City Manager after review and
approval by the City Attorney.
(e) Competitive Sealed Proposal method.
Vlhere the Contract exceeds $50,000, the City may utilize the following
Competitive Sealed Proposal method:
(1) Request for Proposals or Request for Letters of Interest or Request for
Qualifications setting forth the terms and conditions of the Professional
Services solicited; including but not limited to, scope/statement of work
and evaluation factors, shall be issued. Request for Proposals or Request
for Letters of Interest or Request for Qualifications may be corrected,
withdrawn, and canceled in the same manner prescribed in Section
2.419.(g).
(2) Public Notice. Adequate Public Notice shall be provided pursuant to
Section 2-419.(c).
(3) Pre-proposal Conference. Pre-proposal Conference may be held for the
reason and manner described in Section 2-419.(d).
a.Receipt of Competitive Sealed Proposals (Closing Deadline).
Competitive Sealed Proposals must be submitted sealed and clearly
marked with theRFP or RFQ or RFLI number and title to the
Department of Procurement and Supply Management no later than
the closing date and time specified for submission in the Request
for Proposals or Request for Letters of Interest or Request for
Qualifications.
The Chief Procurement Officer or Designee shall be required in the
presence of one or more witnesses at the date and time stated in the
Public Notice in the Competitive Sealed Proposals. Only the name
of each proposer shall be recorded with each proposal remaining
closed; the record and each proposal shall be open to public
inspection within the time frame specified in the Florida statutes,
Public Records Act, Chapter 119. Competitive Sealed Proposals
received after closing date and time
shall be returned to the Proposer.
b.Evaluation Factors. The Chief Procurement Officer shall appoint
an evaluation committee and maystate the committee members in
the Competitive Sealed Proposals. The Chief Procurement Officer
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shall serve as Chair and shall serve as a non-voting member of the
committee. The Competitive Sealed Proposals shall state the
relative importance of all evaluation factors, which may include
price, in an exact numerical value, stating the number of points
each evaluation factor may receive. Proposers may be invited to
make oral presentations regarding proposals. Only criteria or
factors disclosed on the Competitive Sealed Proposals may be used
to evaluate the goods or services proposed. The recommendation
of the evaluation committee shall be submitted to the City
Manager.
In the event only one Proposal is received, the evaluation
committee may proceed with the evaluation, or request the Chief
Procurement Officer to reject all Proposals, whichever is in the
Best Interests of the City.
(4) Options: After reviewing the evaluation committee's recommendation,
the Chief Procurement Officer may:
(i) approve the recommendation of the evaluation committee, written
notice of which shall be provided to al1 Proposers, and the City
Manager shall submit his or her recommendation to the City
Commission;
(ii) reject the evaluation committee's recommendation and instruct
the evaluation committee to re-evaluate and make further
recommendations;
(iii) reject all Proposals; or
(iv) recommend to the City Manager that the City Commission reject
all Proposals.
(5) Award. Award shall be made to the Responsive and Responsible
Proposer whose Proposal is most advantageous-to the City as
determined by the City Commission in accordance with the evaluation
criteria contained in the RFP, RFQ, or RFLI.
a. After reviewing the City Manager's recommendation, the City
Commission may:
(i) approve the City Manager's recommendation and authorize
Contract negotiations;
(ii) reject all Proposals;
Page290f61
(iii) reject all Proposals and instruct the City Manager to reissue a
solicitation; or
(iv) reject all Proposals and instruct the City Manager to enter into
competitive negotiations with at least three (3) individuals or
firms possessing the ability to perform such services and obtain
information from said individuals or firms relating to experience,
qualifications and the proposed cost or fee for said services, and
make a recommendation to the City Commission.
The decision of the City Commission shall be final. Written
notice of the award shall be given to the successful Proposer.
Any per annum or multi-year Contract not exceeding $100,000
shall be awarded by the City Manager upon recommendation by
the Chief Procurement Officer.
Any per annum or multi-year Contract exceeding $100,000 shall
be awarded by the City Commission upon recommendation by
the City Manager.
Threshold amounts referenced herein shall include the values
associated with potential options of renewal. Awards made by
the Chief Procurement Officer, City Manager or by the City
Commission shall include authority for all subsequent options of
renewal, if any. The aforementioned options of renewal shall be
exercisable at the option of the Chief Procurement Officer if,
after review of past performance under the Contract, it is
determined in the sole discretion of the CPO that exercise of the
option is in the Best Interest of the City.
Sec. 2-422 Small Purchases (Informal Bids).
(a) Conditions for Use. All purchases of goods and services, the estimated cost of which
does not exceed $25,000 may be made using the simplified small-purchase procedures
prescribed in the Procurement Manual.
(b) Circumvention of Procurement Requirements. Procurement requirements shall not be
artificially divided so as to permit use of small purchase procedures described in this
section instead of the methods otherwise applicable. Small purchases may be made by
the Procurement and Supply Management Department or delegated to department(s).
Sec. 2-423 Sole Source Procurement.
(a) Conditions for Use. Since it is not practicable for the City to use competitive
bidding methods to secure goods or services, if there is only one reasonable source
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of supply, Sole-Source awards may be made as an exception to the other methods
prescribed in this section under the following circumstances:
(1) Equipment for which there is no comparable competitive product; a one of
a kind equipment that is available from only one supplier;
(2) A component or replacement part for which there is no commercially
available substitute;
(3) Public utility services from natural or regulated monopolies;
(4) Distributor or service provider has contractual rights to geographical,
regional or territorial location;
Sole-Source awards will be made on a case by case basis and may include other
circumstances not referred to the above.
(b) Classification of Sole Source. There are two types of Sole Source assertions:
(1) Sole Source-when there is only one known vendor or the only reasonable
vendor capable of providing a service or commodity to the City is a sole
source; and,
(2) Sole Brand-when only one known reasonable brand capable of fulfilling
the needs of the City is a sole brand.
(c) Determination, Approval, and Award. The determination that an award shall
be made on a Sole Source basis shall be made by the Chief Procurement
Officer. Such determination shall be made in writing and provide complete
justification for this to be the only product or service that can meet the
needs of the City, why no other vendors of goods or services could be obtained
to meet the City's requirements, why the price is reasonable, and description on
the efforts made on the noncompetitive negotiation to obtain the best possible
price. The determination shall also certify that the terms and conditions,
including price, as may be offered to other customers or clients by the Proposed
Contractual Party. For all Contracts in excess of $50,000, such determination
shall be submitted to the City Manager who may waive Competitive Sealed
Bidding after delivering a written finding, supported by reasons (by the
document submitted by using department), that only one reasonable source or
brand exists. Such finding must be ratified and the award approved by the City
Commission after a properly advertised public hearing.
(d) Public Notice and Disclosure. Notice that the City intends to award a Sole
Source Contract exceeding $50,000 shall be posted at City Hall and on an
electronic billboard, broadcast, or message (i.e. website, internet), or any other
means of advertising requirements known to a large number of potential
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vendors, within a reasonable time prior to award; but in any event at least ten
(10) calendar days shall intervene between posting or any other type of notice
and the date of award by the City Commission. Such notices shall state the
intention to award a Sole Source Contract, the nature of the goods or services to
be acquired, the name of the proposed Contractual Party, and the name and
telephone number of the Chief Procurement Officer who may be contacted by
other potential sources who may be able to satisfy the City's requirements. A
record of such notices and responses thereto shall be maintained in the Contract
file along with the written determination required above, and compilation of all
Sole Source awards shall be maintained by the Chief Procurement Officer. The
following information shall be provided to the Procurement Department by the
requesting department, prior to an award of a sole source contract:
(1) The name of the Sole Source Contractual Party;
(2) The nature of the goods or services procured;
(3) A certified statement ascertaining the facts and reasons no other vendor or
offeror could satisfy City requirements
(4) The amount and type of Contract; and
(5) The identification number for each Contract file.
Sec. 2-424 Emergency Procurement.
The following procedures shall govern the emergency procurement of goods and
services. Natural disasters and other government declared Emergencies are
governed by federal, state and county laws, as well as the City's Charter and
emergency procedures and resolutions, which are exempt from the Provisions
contained herein.
(a) Condition for Use. An Emergency Procurement is an unforeseen or
unanticipated urgent and immediate need for goods or services where the
protection of life, health, safety or welfare of the community or the preservation
of public properties would not be possible using normal purchasing procedures;
thus not advantageous or practicable for the City to use competitive bidding or
Proposal method. Such Emergency Procurements shall nevertheless be made
with such competition as may be practicable under the circumstances.
(b) Determination and approval of Emergency Procurement not exceeding $50,000.
In seeking a waiver of competitive bidding methods for Emergency
Procurements that do not exceed $50,000, the head of the using department or
office shall submit to the Chief Procurement Office in writing a full explanation
of the circumstances of the emergency, and the life, health, safety or welfare of
the community or public properties that was jeopardized, the reason why the
Page 32 of 61
needs were not or could not be anticipated in order that the good or service could
have been purchased through a nonnal competitive process, the reason for
selection of a firm, along with a list of others which may have been solicited,
with an approved requisition by the Director of the requesting department. The
Chief Procurement Officer shall review, recommend and present the above
information to the City Manager who shall make the determination whether
such emergency exists.
(c) Determination and approval of Emergency Procurement exceeding $50,000. In
seeking a waiver of competitive sealed bidding methods for Emergency
Procurements exceeding $50,000, the affected department or office shall submit
to the Chief Procurement Officer and the City Manager in writing a full
explanation of the circumstances of the emergency, as well as the life, health,
safety or welfare concerns of the community or public properties that are or
were jeopardized, the reason why the needs were not or could not be anticipated
in order that the goods or services could have been purchased through a normal
competitive process, the reason for selection of a firm, along with a list of others
which may have been solicited, and certification of fund availability from the
Finance Director. The City Manager shall then waive competitive sealed
bidding requirements after making a written finding, supported by reasons that
an emergency exists. If approved by the City Manager, a requisition shall be
submitted to the Procurement and Supply Management Department. Such
findings shall be presented for ratification by the City Commission at the next
available City Commission meeting.
All emergency awards shall be filed and maintained by the Procurement an
Supply Management Department as a permanent and public record of the
purchase.
Sec. 2-425 Bid Waiver Procurement.
(a) Condition§. for Use. A Bid Waiver Procurement is a process, whereby a good or
service may be procured without a formal Competitive Bidding Process because of a
unique situation or circumstance or when it is determined to be in the Best Interest of
the City.
(b) Determination and Approval. The determination of a Bid Waiver Procurement
shall be made by the City Manager. Such determination shall be made in writing and
provide complete justification as \0 why a Bid Waiver is required, why no other
sources of goods or services could be obtained to meet the City's requirements, why
the price is reasonable, and description on the efforts made on the noncompetitive
negotiation to obtain the best possible price. The determination shall also certify that
the terms and conditions, including price, as may be offered to other customers or
clients by the proposed Contractual Party. Such finding must be approved by the City
Commission after a properly advertised public hearing. In cases of a Sole Source
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Procurement and an Emergency Procurement, refer to Section 2-423.(c) and
Section 2-424.(b) and 2-424.(c)
PART B-CANCELLATION OF COMPETITIVE SEALED BIDS OR PROPOSALS
Sec. 2-426 Cancellations.
The City shall reserve the right to cancel or reject in whole or in part of any
Competitive Sealed Bids or Proposals, when it is in the Best Interests of the City.
In the event of such cancellation or rejection, the Chief Procurement Officer in
conjunction with the user department shall promptly notify all affected Bidders or
proposers and make available a copy of the written explanation for such cancellation
or rejection, which shall be a public record.
PART C-QUALIFICATIONS AND DUTIES OF CONTRACTUAL PARTIES
Sec. 2-427 Determination of responsibility.
(a) Prior to Contract award, the Chief Procurement Officer or individual purchasing
agent shall determine in writing that the Bidder or Offeror is responsible.
(b) If a prospective Contractual Party who would otherwise have been awarded a
Contract is found non-responsible, a copy ofthe determination and the reasons,
therefore, shall be sent promptly to such party, which shall be given a
reasonable opportunity for rebuttal prior to a final determination of non-
responsibility.
(c) Factors to be considered in determining responsibility of prospective Contractual
Parties shall include but not limited to:
(1) Availability of appropriate financial, material, equipment, facility, and
personnel resources and expertise, or the ability to obtain and meet all
contractual requirements;
(2) A satisfactory record ofperformance;
(3) A satisfactory record of integrity;
(4) Qualified legal standing to Contract with the City; and
(5) Compliance in supplying all requested information connected with the
inquiry concerning responsibility;
(6) Debarment or removal from conducting business with another governmental
entity;
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(7) A declaration or court order that Contractual Party bas breached or failed to
perform a contract.
(d) The prospective Contractual Party shall provide any information requested by
the Chief Procurement Officer or purchasing agent concerning responsibility
within a reasonable time period after the Solicitation submittal deadline. If such
Contractual Party fails to provide the requested infOlmation, the determination
of responsibility may be made upon available information or the prospective
Contractual Party may be found non-responsible. The prospective Contractual
Party may demonstrate the availability of necessary financial, equipment,
facility, and personnel resources by submitting:
(1) Evidence that the Contractual Party possesses such necessary resources;
(2) Acceptable plans to subcontract for such necessary resources; or
(3) A documented commitment for, or explicit arrangement with, satisfactory
sources to provide such necessary resources.
(4) Additional or corrective information concerning their responsibility as a
vendor.
Notwithstanding the foregoing, the Chief Procurement Officer cannot consider
additional or supplemental information provided by a Bidder, Proposer, Offeror,
or Respondent which amends, alters, explains, varies or contradicts unequivocal
statements or false or misleading statements by Bidder, Proposer, Offeror, or
Respondent to render its Solicitation responsible. The Chief Procurment Officer
shall consider this and other information gained prior to the time of the award or
rejection in making their determinations of award and/or recommendations to the
City Manager concerning award by the City Commission.
Sec. 2-428 Pre-qualifications.
Prospective Contractual Parties may be pre-qualified as part of the process for
particular types of goods and services. Such pre-qualifications, however, do not
necessarily constitute a finding of responsibility for any particular Contract award
nor does it guarantee an amount to be awarded.
Sec. 2-429 Substantiation of Offered Prices.
The Chief Procurement Officer may request factual information reasonably
available to the Bidder, Proposer, Offeror, or Respondent to substantiate that the
price or cost offered, or some portion of it, is reasonable, if:
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(a) the price is not:
(1) based on adequate price competition;
(2) based on established catalogue or market price; or
(3) set by law or regulation an amount established in the regulations.
PART D -TYPES OF CONTRACTS
Sec. 2-430 Types of Contracts.
Subject to the limitations of this section, any type of Contract which will promote
the Best Interests of the City may be used, except that the use of a cost-plus-a-
percentage-of-cost is prohibited.
(a) Firm Fixed-Price Contracts. Provides a firm price that is not subject to
adjustment on the basis of the Contractor's experience in performing the
Contract. This Contract places upon the Contractor maximum risk and full
responsibility for all costs and resulting profit or loss. It provides maximum
incentive for the Contractor to control costs and perform effectively and
imposes a minimum administrative burden upon the Contracting Parties.
(b) Fixed-Price with Price Adjustments Contracts. Includes the following
variations:
(1) Fixed-Price Incentive. Provides for adjusting profit and the
final contract price by a formula based on the relationship of final
negotiated cost to target cost which is intended to encourage the
Contractor to effectively manage contract costs to the mutual benefit
of both parties to the Contract.
(2) Fixed-Price, Level-of-Effort. Provides a fixed dollar amount for a
specified level of effort for a specific period of time for work which
can be described only in general terms, usually suitable for research
and development (R & D). Payment is based on the level of effort
expended rather than the results achieved.
(3) Fixed-Price with Economic Price Adjustments. A fixed-price contract
with economic price adjustment provides for upward and downward
revision of the stated Contract price upon the occurrence of specified
contingencies. Economic price adjustments are of three general types:
(a) Adjustment based on established prices. These price adjustments
are based on increases or decreases from an agreed-upon level in
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published catalog, price sheet, industry market price or otherwise
established prices of Contract specified items.
(b) Adjustments based on actual costs of labor or material. These price
adjustments are based on increases or decreases in specified costs
of labor or material that the Contractor actually experience during
Contract performance.
(c)Adjustments based on cost indexes ofIabor or material. These price
adjustments are based on increases or decreases in labor or
material cost standards or indexes that are specifically identified in
the Contract.
(4) Fixed-Price Price Re-determination. A firm fixed price for an initial
period of Contract deliveries or perfonnance; and prospective re-
determination, at a stated time or times during performance, of the
price for subsequent periods of perfonnance.
(c) Cost-Reimbursement Contracts. Cost reimbursement Contracts refers to a
family of pricing arrangements or Contract types that provide for payment of
allowable, allocable and reasonable costs incurred in the performance of a
contract to the extent such costs are prescribed or permitted by the Contract.
These Contracts establish an estimate of total cost for obligating funds and
establishing a ceiling that the supplier may not exceed without approval.
These types of Contracts are suitable only when performance uncertainties do
not permit accurate cost estimates required by fixed-price Contracts. Types of
cost re-imbursement Contracts include:
(l) Cost-Sharing Contracts. Provides that costs of performing the Contract
will be shared between the Contractual Parties to the Contract on
agreed-upon portion of allowable costs. No fee is paid to the
Contractor. Generally used when the Contractor may expect
substantial compensating benefits.
(2) Cost-Plus-Fixed-Fee Contracts. Provides for payment to the
Contractor of a negotiated fee that is fixed at the inception of the
Contract. The fixed fee does not vary with actual cost, but may be
adjustable as result of changes in the work to be performed under the
Contract.
(3) Cost-Plus-Award-Fee Contracts. Provides for a fee consisting of a
base amount (which may be zero) fixed at inception of the Contract
and award amount, based upon judgmental evaluation by the City,
sufficient to provide motivation for excellence in Contract
perfonnance.
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(4) Cost-Plus Incentive-Fee Contracts. Takes place in the fonn of a profit
or fee adjustment formula and are intended to motivate the Contractor
to effectively manage costs. No incentive Contract may provide for
other incentives without also providing a cost incentive (or constraint).
(5) Performance Based Contracts. Perfonnance incentives may be
considered in connection with specific product characteristics or other
specific elements of the Contractors' performance. These incentives
should be designed to relate profit or fee to results achieved by the
Contractor, compared with specific targets. Delivery incentives should
be considered when improvement from a required delivery schedule is
a significant City objective.
(d) Indefinite-Delivery Contracts. These are Contracts which do not procure or
specify a finn quantity of goods or services (other than a minimum or maximum
quantity) and that provides for the issuance of Purchase Orders for the delivery of
supplies or performance of tasks during the Contract period. There are three types
of indefinite-delivery contracts:
(1) Definite-Quantity Contracts. Provides for delivery of specific goods or
services. for a fixed period, with deliveries or perfonnance to be
scheduled at designated locations upon order.
(2) Indefinite-Quantity Contracts. Provides for an indefinite quantity,
within stated limits, of goods or services during a fixed period. The
City issues Purchase Orders for individual requirements.
(3) Requirements Contracts. Provides for filling all actual purchase
requirements of designated City activities for goods or services during
a specific Contract period, with deliveries or performance to be
scheduled by placing orders with the Contractor.
(e) Time-and-Materials Contracts. Provide for acquiring goods or services on the
basis of:
(1) Direct labor hours at specified fixed hourly rates that include wages, overhead,
general and administrative expenses, and profit; and
(2) Materials at cost, including, if appropriate, material handling costs as part of
material costs.
(f) Labor-Hour Contracts. This Contract is a variation of the time-and-materials
Contract, differing only in that materials are not supplied by the Contractor.
(g) Professional Service Agreements. This type of agreement or Contract are used to
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Contract for professional services such as consultants, auditors, insurance
providers, financial advisors, etc. after being selected through an RFP, RFQ, or
RFLI process.
Sec. 2-431 Multi-Year Contracts.
(a) Specified Period. Except for and in accordance with other provisions of this
code and unless otherwise provided by law, a Contract for goods or services
may be entered for a period of time deemed to be in the Best Interest of the
City, provided that the term ofthe Contract and conditions for renewal or
extension, if any, are included in the Solicitation, and provided that funds are
available for the first fiscal year at the time of Contract award. In no event shall
a contract exceed ten (10) years. All contracts must comply with the provisions
of Section 2-415.1 herein. Payment and performance obligations for succeeding
fiscal periods shall be subject to the availability and appropriation of funds
therefore and shall be so stipulated in the Contract.
(b) Use. A multi-year contract is authorized where:
(1) estimated requirements cover the period of the contract and are reasonably
firm and continuing; and
(2) such a Contract will serve the Best Interests of City by encouraging
effective competition or otherwise promoting economies in the City
procurement.
PART E-INSPECTION OF FACILITY AJ.'\fD AUDIT OF RECORDS
Sec. 2-432 Approval of Accounting System.
(a) Regulations shall be issued requiring that Contractors submit appropriate
documentation prior to award of Contracts confirming that:
(1) the proposed Contractor's accounting system will permit timely
development of all necessary cost data in the form required by
the specific contract type contemplated; and
(2) the proposed Contractor's accounting system is adequate to
allocate costs in accordance with general accepted accounting
principles.
Sec. 2-433 Right to Conduct Inspections and Audits.
The City may, at reasonable times, inspect that part of any Contractual Party's
facility or place of business or any subcontractor and audit those books and records
which are related to the performance of any Contract awarded or to be awarded by
the City. Circumstances warranting such inspections and audits shall include, but
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not be limited to, concern as to whether standards of responsibility specified in
section2-427 have been, are being, or are capable of being met, and concern as to
whether the Contract is being performed in accordance with its term and condHions.
(a) Audit of Cost or Pricing Data. The City may, at reasonable times and places,
audit the books and records of any person who has submitted data in
substantiation of offered prices pursuant to Section 2-429 to the extent that such
books and records relate to that data. Any person who receives a Contract,
Change Order, or contract modification for which data is required, shall maintain
such books and records that relate to such cost or pricing data for a period of
three (3) years from the date of final payment under the Contract, unless a
shorter period is otherwise authorized in writing.
(b) Contract Audit. The City shall be entitled to audit the books and records of a
Contractor or any subcontractor under any negotiated Contract or subcontract
other than firm fixed-price Contract to the extent that such books and records
relate to the performance of such Contract or subcontract. Such books and
records shall be maintained by the Contractor for a period ofthree (3) years from
the date of [mal payment under the prime Contract, and by the subcontractor for
a period of three (3) years from the date of [mal payment under the subcontract,
unless a shorter period of is otherwise authorized in writing by the City
Manager.
(c) Inspections. Solicitations and Contractual provisions shall provide that the city
may inspect goods or services at the facilities of the Contractual Party and
perform tests to determine whether the provisions conform to the Solicitation
requirements contained therein, or after award, to the terms and conditions of
the Contract. Such inspection and tests shall be performed in accordance with
the terms and conditions of the Solicitation and Contract.
(d) Procedures for tests and inspections.
(1) The Chief Procurement Officer may specify general operational procedures
governing the test and inspection of all goods or services being performed
under City Contract by City departments, offices and individual purchasing
agents.
(2) The user/receiving department shall inspect or supervise the inspection of
all deliveries of goods and services to determine conformance with the
terms and conditions upon' which the order or Contract was based. Any
purchasing agent or department may be authorized by the head of the user or
receiving department to inspect deliveries or contract performance in the
manner stipulated with the approval of the City Manager.
(3) The Chief Procurement Officer may prescribe chemical, physical and other
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perfonnance tests for goods or services, including samples submitted with
Solicitations and samples of deliveries and perfonnance to determine
quality and conformance with the terms and conditions of the Solicitation or
Contract. In the performance of such tests or inspections, the Chief
Procurement Officer shall have the authority to make use of any laboratory
facilities or special expertise available to evaluate performance.
( e) Conduct of audit, tests and inspections. Whenever possible, audits, tests and
inspections shall be perfonned in order not to unduly or inconvenience the
Contractual Parties. Contractual Parties shall make available at no charge to the
City all reasonable facilities and assistance, in order to facilitate the
performance of audits, tests and inspections by City representative.
PART F-DETERMINATIONS Al\:'D REPORTS
Sec. 2-434 Finality of Determinations.
The detenninations required by Section 2-419.(g), Competitive Sealed Bidding,
Correction, Cancellation, or Withdrawal of Bids; Section 2-421.(a), Competitive
Negotiations/Competitive Sealed Proposals, Conditions for Use; Section 2-421.(5),
Competitive Negotiations/Competitive Sealed Proposals, Award; Section 2-423,
Sole Source Procurement; Section 2-424, Emergency Procurement; Section 2-425,
Bid Waiver Procurement; Section 2-427, Determination of Responsibility; Section
2-429, Substantiation of Offered Prices; Section 2-430, Types of Contracts; Section
2-431, Multi-Year Contracts; and Section 2-432, Approval of Accounting System
are final and conclusive.
Sec. 2-435 Reporting of Anti-competitive Practices.
\¥hen for any reason, collusion or other anti-competitive practices are suspected
among any Bidders, Proposer, Offeror, or Respondent, a notice of the relevant facts
shall be transmitted to the City Attorney for investigation and appropriate action.
ARTICLE IV-SPECIFICATIONS
Sec. 2-436 Open Competition Required.
The Chief Procurement Officer shall strive to assure that all specifications issued by
the City provide for free and open competition among all vendors and preclude a
lock-in of any brand or vendor, unless items are purchased under Sole Source or
Sole Brand provisions. Any specifications may eliminate Vendors or brands if the
Vendor or brand does not meet the legitimate needs of the City.
Sec. 2-437 Standardization.
The Chief Procurement Officer is responsible for the standardizing of types of
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goods and services used throughout the City by writing and promulgating standard
specifications in Contracts for the use by all User Department.
Sec. 2-438 Relationship with Vser Department.
The Chief Procurement Officer shall obtain expert advice and assistance from
personnel of User Departments in the development of Specifications and may
delegate in writing to a User Department the authority to prepare and utilize its own
Specifications and Standardization of commodities.
Sec. 2-439 Maximum Practicable Competition.
The Chief Procurement Officer will review specifications written by User
Departments to assure that the specifications allow for open and free competition,
and that those specifications which eliminate some brands or vendors do so to
reasonably meet the needs of the City.
ARTICLE V-SUPPLY ~~AGEMENT
Sec. 2-440 Central Warehouse.
(a) General Control. The Chief Procurement Officer shall control and supervise
the central warehouse of the City.
(b) Accounting Procedure. Stock issued requisitions from supplies in the Central
Warehouse shall be credited by the Chief Procurement Officer to the Stockroom
revolving fund by a charge against the appropriation of the Using Agency.
(c) Inventory. The Chief Procurement Officer shall maintain a perpetual inventory
record of all Goods and services stored in the Central Warehouse.
Sec. 2-441 Relocation of Surplus Properties within the City.
The Department of Procurement and Supply Management shall have the authority
to authorize relocation of Surplus Properties within the City to any other
department or office which has a need for it.
Sec. 2-442 Disposal of Surplus.
The Chief Procurement Officer shall have the power to sell or dispose of Surplus
Properties by public auction, competitive sealed bidding, trade-in, or other
appropriate methods (including electronic means) in conformance with Florida
State Statutes 274.05 and 274.06, as amended from time to time. All items of
surplus personal property must be declared surplus by a resolution of the City
Commission before the Chief Procurement Officer takes action on the disposal of
Personal Property.
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Sec. 2-443 Credit or Debit of Accounts.
The Chief Procurement Officer shall submit to the Finance Department
documentation and the revenue generated on any such transfer, sale, exchange or
trade-in from the Surplus Property. The department or office that provided the
surplus property shall receive credit therefore, on the amount of revenue received,
unless it is determined by the Finance Director that it is in the Best Interest of the
City to credit the General Fund. Any department of office receiving such Surplus
Property shall receive corresponding debit therefore, such credit and debit to be
charged to the respective budgets of the departments or offices involved.
Sec. 2-444 Prohibition on City Employees.
All city employees shall be prohibited from purchasing disposed surplus properties
from the City. Any attempt to circumvent this prohibition may be lead to severe
disciplinary action or termination.
ARTICLE VI-DISPUTES, LEGAL At'W CONTRACTUAL REMEDIES
PART A-PRE-LITIGATION RESOLUTION OF CONTOVERSIES
Sec. 2-445 Disputes, Legal, and Contractual Remedies.
The following procedure in sections 2-446 though 2-449 shall be used for arriving
at early settlement of grievances by interested parties who have participated in the
City's Procurement process.
Sec. 2-446 Remedies Prior to Award.
If prior to Contract award, it is determined that a Solicitation or proposed award is
in violation oflaw, then the Solicitation or proposed award shall be cancelled by
the City Commission, the City Manager, or the Chief Procurement Officer, as may
be applicable, or revised to comply with law.
Sec. 2-447 Resolution of Protested Formal and Informal Solicitations and Awards.
(a) Right to Protest on Formal Solicitations. The following procedures shall be
used for resolution of protested formal Solicitations and awards, except for
purchases of Goods and services, the estimated cost of which does not exceed
$25,000. Protests thereon shall be governed by the guidelines in the
procurement Manual:
(1) Protest of Solicitation
i. Any prospective proposer who perceives itself aggrieved in
connection with the Solicitation of a Contract may protest to
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the Chief Procurement Officer, with a copy to the City Clerk.
A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three (3) days after the
Solicitation is published in a newspaper of general circulation
in the City, posting on an electronic billboard, broadcast, or
message (i.e. website, internet), or any other means of
making requirements known to a large number of potential
vendors. A notice of intent to file a protest is considered
filed when received by the Chief Procurement Officer, with a
copy to the City Clerk; or
11. Any prospective Bidder who intends to contest Bid
Specifications or a Bid Solicitation may protest to the Chief
Procurement Officer, with a copy to the City Clerk. A
written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three (3) days after the
Solicitation is published in a newspaper of general circulation
in the city, posting on an electronic billboard, broadcast, or
message (i.e. website, internet), or any other means of
making requirements known to a large number of potential
vendors. A notice of intent to file a protest is considered filed
when received by the Chief Procurement Officer, with a copy
to the City Clerk.
(2) Protest of Award.
1. Any actual Proposer who perceives itself aggrieved in connection
with the recommended award of Contract may protest to the Chief
Procurement Officer, with a copy to the city clerk. A writien notice
of the intent to file a protest shall be filed with the Chief
Procurement Officer within two (2) days after receipt by the
Proposer of the notice of the recommendation for award of
Contract. The receipt by Proposer of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail,
return receipt requested. . A notice of intent to file a protest is
considered filed when received by the Chief Procurement Officer,
with a copy to the City Clerk. -
11. Any actual Responsive and Responsible Bidder whose Bid is lower
than that of the recommended Bidder may protest to the Chief
Procurement Officer, with a copy to the City Clerk. A written
notice of intent to file a protest shall be filed with the Chief
Procurement Officer within two (2) days, after receipt by the
Bidder of the notice of the City's determination of Non-
Responsiveness or Non-Responsibility. The receipt by Bidder of
such notice shall be confirmed by the City by facsimile or
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electronic mail or U.S. mail, return receipt requested. A nO,tice of
intent to file a protest is considered filed when received by the
Chief Procurement Officer, with_a copy to the City Clerk.
111. A written protest based on any of the foregoing must be submitted
to the Chief Procurement officer within two (2) days after the date
the notice of intent to protest was filed. A written protest is
considered filed when received by the Chief Procurement Officer,
with a copy to the City Clerk.
The written protest may not challenge the relative weight of the
evaluation criteria or the formula for assigning points in
making an award determination.
The written protests shall state with particularity the specific facts
and law upon which the protest of the solicitation or the award is
based, and shall include all pertinent documents and evidence and
shall be accompanied by the required filing fee as provided in
subsection (h). This shall form the basis for review of the written
protest and no facts, grounds, documentation or evidence not
contained in the protestor's submission to the Chief Procurement
Officer at the time of filing the protest shall be pennitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In
computing any period of time prescribed or allowed by this section, the
day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so
computed shall be included unless it is a Saturday, Sunday or legal
holiday in which the event the period shall run until the end of the next
day which is neither a Saturday, Sunday or legal holiday. Intermediate
Saturdays, Sundays and legal holidays shall be excluded in the
computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the
authority, subject to the approval of the City Manager and City Attorney, to
settle and resolve any written protest. The Chief Procurement Officer shall
obtain the requisite approvals and communicate said decision to the protesting
party and shan submit said decision to the City Manager within 10 days after
receipt of the protest. In cases involving more than $25,000, the decision of
the Chief Procurement Officer shall be submitted for approval or disapproval
thereof to the City Commission after favorable recommendation by the City
Attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either
the notice of intent to file a protest or'the written protest, together with the
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required filing fee as provided in subsection (f), with the Chief Procurement
Officer within the time provided in subsection (a), above, shall constitute a
forfeiture of such party's right to file a protest pursuant to this section. The
protesting party shall not be entitled to seek judicial relief without first having
followed the procedure set forth in this section.
(d) Stay of Procurements During Protests. Upon receipt of a written protest
filed pursuant to the requirements of this section, the City shall not proceed
further with the Solicitation or with the award of the Contract until the protest
is resolved by the Chief Procurement Officer or the City Manager as provided
in subsection (b) above, unless the City Manager makes a written
determination that the Solicitation process or the Contract award must be
continued without delay in order to avoid an immediate and serious danger to
life, health, safety or welfare of the community or the preservation of public
properties.
(e) Costs. All costs accming from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the
form of a money order or cashier's check payable to the City in an amount
equal to one percent of the amount of the Bid or proposed Contract, or
$1,000.00 whichever is less, which filing fee shall guarantee the payment
of all costs which may be adjudged against the protestor in any
administrative or court proceeding. If a protest is upheld by the Chief
Procurement Officer and/or the City Manager, as applicable, the filing fee
shall be refunded to the protestor less any costs assessed under subsection
above.
(g) If the protest is denied, the filing fee shall be forfeited to the City in lieu of
payment of costs for the administrative proceedings as prescribed by
subsection (g) above.
Sec. 2-448 Authority to Debar or Suspend.
(a) Authority to Debar or Suspend. After reasonable notice to an actual or
prospective Contractual Party, and after reasonable opportunity for such party to
be heard, the Chief Procurement Officer, after consultation with the City
Attorney, shall have authority to debar or suspend an actual or prospective
Contractual Party for cause from consideration for award of future contracts. The
Debarment shall be for a period of not fewer than three years. The Chief
Procurement Officer shall also have the authority to suspend an actual or
prospective Contractual Party from consideration for award of city Contracts if
there is probable cause for debarment, pending the debarment determination. The
authority to debar or suspend Contractors shall be exercised in accordance with
regulations after approval by the City Attorney.
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· (b) Causes for Debarment or Suspension. Causes for Debarment or suspension
include the following:
(1) Conviction for commission of a criminal offence incident to obtaining or
attempting to obtain a public or private Contract or subcontract, or incident to
the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property, or
any other offense indicating a lack of business integrity or business honesty
which currently, seriously, and directly affects responsibility as a Contractor.
(3) Conviction under state or federal antitrust statutes arising out of the
submission of Bids or Proposals.
(4) Violation of Contract provisions, as set forth below, of a character which is
regarded by the Chief Procurement Officer to be so serious as to justify
Debarment action:
(a) Deliberate failure without good cause to perform in accordance with the
specifications, terms and conditions or within the time limit provided in
the Contract; or
(b) A recent record of failure to perform of unsatisfactory performance in
accordance with the terms of one or more Contracts; provided that failure
to perform or unsatisfactory performance caused by acts beyond the
control of the Contractor shall not be considered to be a basis for
Debarment.
(5) Repudiation of an offer by failure to provide bonds, insurance or other
required certificates within a reasonable time period.
(6) Refusal to accept a Purchase Order, agreement, or Contract, or to perform
thereon provided such order was issued timely and in conformance with the
offer received.
(7) Presence of principals or corporate officers in the business of concern, who
were principals within another business at the time when the other business
was suspended or debarred within the last three (3) years under the provisions
of this section.
(8) Violation of the ethical standards set forth in state law.
(9) Violation of a zoning ordinance or any other City Ordinance or regulation and
for which the violation remains noncompliant.
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(10) Violation of a zoning ordinance or any other City Ordinance or regulation and
for which a civil penalty or fine is due and owing to the City.
(11) Arrears or other default by Contractor.
(12) Any other cause the Chief Procurement Officer determines to be so serious
and compelling as to affect responsibility as a City Contractor including
debarment by another governmental entity for any cause listed in this Code.
(c) Debarment and suspension decisions. Subject to the provisions of paragraph (a) the
Chief Procurement Officer shall render a written decision stating the reasons for the
Debarment or suspension. A copy of the decision shall be provided promptly to the
Contractual Party, along with a notice of said party's right to seek judicial relief.
Sec. 2-449 Resolution of Contract Disputes.
(a) Authority to resolve Contract Disputes. The City Manager, in consultation
with the City Attorney, shall have the authority to resolve controversies
between the Contractual Party and the City which arise under, or by virtue of, a
Contract between the parties in cases involving an amount less than $25,000.
All other dispute resolutions must be approved by the City Commission. Such
authority extends, without limitation, to controversies based upon breach of
Contract, mistake, misrepresentation or lack of complete performance, and
shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
(b) Contract Dispute Decisions. If a dispute is not resolved by mutual consent, the
City Manager shall promptly render a written report stating the reasons for the
action taken by the City Commission or the City Manager which shall be final
and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such party's right to seek judicial relief,
provided that the protesting party shall not be entitled to such judicial relief
without first having followed the procedure set forth in this section.
ARTICLE VII-INTERGOVERl~MENTAL RELATIONS
Sec. 2-4S0-Gfiflj3tef 2 231 (0 ). Use of other Governmental Entity Contracts
The Purchasing Director may approve any purchases for equipment, materials,
supplies or services from current contracts of other governmental agencies,
which contracts have resulted from a formal competitive bid process, awarded to
the lowest, most responsive and responsible bidder meeting specifications or from
current Governmental Services Administration (GSA) contracts or State of
Florida SNAPS Agreements even though the cost of such equipment, materials,
supplies or services may exceed Seven Thousand Five Hundred (S7,500.00)
Dollars, but not to cxceed Six Hundred Thousand Dollars ($600,000.00), with the
Page 48 of61
exception of vehicle purchases. Such purchases do not need the approval of the
City Manager or the City Commission.
Sec. 2-451Contracts with Other Governmental Agencies or State Funded Public
Institutions.
Notwithstanding all other provisions of this Code, the City shall be exempt from
all Competitive Bidding Procedures when it enters into an agreement with other
governmental agencies or state funded institutions for the Purchase or acquisition
of goods or services; provided, however, that in the Purchase or acquisition of
said goods or services in excess of $25,000, such agreement shall be approved by
the CbiefProcurementOfficer, and Purchases of goods and services in excess of
$50,000, such agreement shall be approved by the City Manager, and purchases
of goods and services in excess of $100,000 shall be approved by the City
Manager subj ect to approval by the City Commission.
Sec. 2-452 Cooperative Purchasing.
Notwithstanding all other provisions of this Code, the Procurement and Supply
Management Department may either participate in, sponsor, conduct, or
administer a Cooperative Purchasing Agreement for the Procurement of any
goods or services with one or more public entities. Such Cooperative Purchasing
may include, but is not limited to joint or multiparty Contracts between public
entities.
ARTICLE VIII-RISK MANAGEMENT IN PROCUREMENT
Sec. 2-453 Bid or Proposal Bond.
(a) Bid or Proposal Bond Allowed on any Solicitations. The Chief Procurement
Officer may require a Bid or Proposal Bond for any Solicitation by the
Department of Procurement and Supply Management. The bond shall be
provided by a surety company authorized to do business in this state or the
equivalent in cash, certified check, cashier's check, irrevocable letter of credit or
an alternate form of security for the same purpose, subject to the same conditions
and in a form acceptable to the City Attorney as Bid or Proposal Bond.
(b) Amount of Bid or Proposal Bond. Bid or Proposal Amount shall be a percentage
amount determined by the Chief Procurement Officer.
(c) Rejection of Solicitations for Noncompliance with Bid or Proposal Bond
Requirements. When the Solicitation requires a Bid or Proposal Bond,
noncompliance mandates the bids be rejected, unless it is determined that the Bid
or Proposal fails to comply in a non-substantial manner with the bond
requirements. Failure to supply Bid or Proposal Bond with the Solicitation at the
Page 49 of 61
time of the Bid Opening shall automatically disqualify the Bidder as Non-
Responsive to the requirements.
(d) Withdrawal of Solicitations. After Solicitations are opened, solicitations shall be
irrevocable for 90 days or a period specified in the Solicitation document, except
as provided in Section 2-419.(g).4(b) of this Code. If a Bidder is permitted to
withdraw its Solicitation before award, no action shall be taken against the
Bidder, Proposer, Offeror, or Respondent or the Bid or Proposal Bond.
Sec. 2-454 Performance and Payment Bonds.
(a) Bonds Required When Deemed Necessary. Performance and Payment Bonds or
equivalent acceptable shall be required at the discretion of the Chief Procurement
Officer.
(b) Bond Must be Delivered Prior to Issuing Contract Document or Purchase Order.
Ifrequired, a performance and payment bond satisfactory to the City, executed by
a surety company authorized to do business in this State or otherwise secured in a
manner satisfactory to the City shall be presented to the City prior to issuance of a
Contract document or Purchase order.
(c) Substitutes for Bonds Acceptable. In lie of a Performance and Payment Bond, the
City may accept cash, money order, certified check, cashier's check, or irrevocable
letter of credit. Such alternate form of security shall be for the same purpose and
shall be subject to the same conditions as a Performance and Payment Bond.
(d) Reduction of Bond Amount. The Chief Procurement Officer may reduce the
amount of Performance and Payment Bonds required on a specific Contract.
Disclosure of the reduction shall be present in the Solicitation or through the
issuance of an Addendum.
(e) Authority to Require Additional Bonds. Nothing in this section shall be
construed to limit the authority of the Chief Procurement Officer to require a
Performance Bond or other security in addition to those bonds, or circumstances
other than those specified in this Code.
Sec. 2-455 Indemnification.
(a) All Contracts shall provide that the Contractor shall indemnify and hold harmless
the City and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorneys' fees and cost of defense, which
the City or its officers, employees, agents and instrumentalities may occur as a
result of claims, demands, suits, causes of actions, or proceedings of any kind or
nature arising out of, relating to or resulting from the use of the Demised Premises
by the Contractor or its employees, agents, servants, partners, principals or
subcontractors. The Contractor shall be required to pay all claims and losses in
Page 50 of 61
connection therewith and shall investigate and defend all claims, suits or actions
of any kind or nature in the name of the City, where applicable, including
appellate proceedings, and shall pay all costs, judgments and attorney's fees,
including attorneys' fees on appeal, which may issue thereon.
(b) All contracts shall provide that the Contractor agrees that in any lawsuit brought
in its name or defended in its name, the City must retain all final control and
authority of the lawsuit. The contract shall provide that the City retains full
control of the lawsuit, including full authority to determine what legal actions or
positions may be asserted to the courts in the name of the City and the full
authority to settle or compromise any claim. The Contractor shall agree that its
responsibilities under this agreement continue in full force and effect regardless of
any decision of City in such regard.
Sec. 2-456 Insurance Requirement.
(a) Employee RelationslRisk Management or an individual specializing in risk
management will review, as requested, Solicitation documents to advise the
Department of Procurement and Supply Management on the insurance
requirements needed to be contained therein.
(b) Upon award of a Solicitation, Employee Relations/Risk Management or a
specialist in risk management will review insurance certifications for compliance
of the insurance requirements listed in the Solicitation. Non-approved
certifications will be returned to the Department of Procurement and Supply
Management with the reasons for non-approval and instructions as to how the
certification may be corrected. Employee RelationslRisk Management or
individual specializing in risk management will advise the Department of
Procurement and Supply Management of cancellation or failure to maintain
insurance upon receipt of notification on any current Contracts. The Department
of Procurement and Supply Management shall not allow any Contract to continue
without proper insurance in effect after they have been notified of the lapse of the
requisite insurance.
(c) Minimum requirements of all successful proposers shan include the following:
(1) five hundred thousand, single limit coverage for Bodily Injury Liability
and Property Damage Liability; .
(2) that increased limits and/or other types of coverage may be required by the
City to insure special risks;
(3) that the City shall be named as an additional insured under such policies
and a certificate of insurance shall be furnished to the City. Said policies
shall contain a "severability of interest" or a "cross liability" clause without
obligation for premium paym_ent by the City. The City shall be entitled to
receive copies of required policies for review.
(4) evidence of statutory Workman's Compensation coverage, where
applicable.
Page 51 of61
(5) that all policies shall provide coverage for the indemnification and hold
harmless requirements of the Code.
(6) all policies and policy renewals shall be required to comply with the
requirements of the City.
ARTICLE VIII-ON-LINE PROCUREMENT
Sec. 2-457 On-Line Procurement.
(a) Conditions for Use. Notwithstanding the foregoing, the City may engage in
electronic On-Line Bidding to obtain competitive Bids from Bidders for the
Purchase of goods and services or for the disposal of Surplus Property whenever
the Chief Procurement Officer determines that electronic On-Line Bidding is
more advantageous than other Procurement methods provided by this Code.
(b) The Various Forms of On-Line Bidding.
(1) Standard Reverse Auctions which occurs over a period of several days to a
few weeks, and allow Bidders to login when it is convenient to place
Bids. If outbid, an option of placing additional Bids is available.
(2) Sealed Bid Auctions are the same as Standard Reverse Auctions, but suppliers
are allowed to place one (1) Bid and all Bids remain unavailable for viewing
until the auction is closed.
(3) Real-Time Reverse Auctions which occurs at a predetermined date and time,
generally scheduled to last from 30 minutes to one (1) hour. Suppliers may
make multiple Bids throughout the auction.
(c) Method. The method of On-Line Procurement shall be reviewed by the Chief
Procurement Officer. The final selection of an On-Line Procurement method
shall be reviewed by the City Attorney to ensure compliance with state
laws. Upon receiving a favorable opinion, final approval by the City Manager
shall be required.
ARTICLE IX-ETHICS
Sec. 2-458 Ethics.
Any attempt by City employees to realize personal gain by conduct inconsistent
with proper discharge of their duties is a breach of public trust. The Provisions of
City rdinance, county ordinances, and state statutes shall be strictly enforced to
preserve the public trust.
Page 52 of 61
Sec. 2-459. Prohibition on transacting business with the City.
No person who is a City Commissioner, Appointed official, member of an advisory board
or committee, member of a quasi-judicial board or committee, or employee shall enter
into any contract or transact any business in which that person or a member of the
immediate family has a fmancial interest, direct or indirect with the City of Coral Gables
or any person or agency acting for the City of Coral Gables, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the
transaction voidable. Willful violations of this subsection shall constitute malfeasance in
office and shall affect forfeiture of office or position. Nothing in this subsection shall
prohibit or make illegal (1) the payment of taxes, special assessments or fees for services
provided by the City government; (2) the purchase o(bonds, anticipation notes or other
securities that may be issued by the City through underwriters or directly from time to
time.
(a) Waiver of prohibition. The requirements of this subsection may be waived for a
particular transaction only by four affirmative votes of the City Commission after
public hearing upon finding that:
(1) An open-to-an sealed competitive proposal has been submitted by the
proposer; or
(2) The proposal has been submitted by a person or firm offering services
within the scope of the practice of architecture, professional engineering, or registered
land surveying, as defined by the laws of the State of Florida and pursuant to the
provisions of the Consultants' Competitive Negotiation Act, and when the proposal has
been submitted by a proposer defined above or,
(3) The property or services to be involved in the proposed transaction are
unique and the City cannot avail itself of such property or services without entering a
transaction which would violate this subsection but for waiver of its requirements; or
(4) That the property or services to be involved in the proposed transaction are
being offered to the City at a cost of no more than 80% of fair market value based on a
certified appraisal paid for by the proposer; and
(5) That the proposed transaction will be in the best interest of the City.
Such findings shall be spread on the minutes of the Commission. This subsection shall
be applicable only to prospective transactions, and the City Commission may in no case
ratify a transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be
construed to amend or repeal any other law pertaining to the same subject matter.
Sec. 2-460. Further prohibition on transacting business with the City.
No person who is a City Commissioner, Appointed Official, member of an advisory
board or committee, member of a quasi-judicial board or committee, or employee shall
enter into any contract or transact any business through a firm, corporation, partnership or
business entity in which that person or any member of the immediate family has a
Page 53 of 61
controlling financial interest, direct or indirect, with the City or any person or agency
acting for the City, and any such contract, agreement ot business engagement entered in
violation of this subsection shall render the transaction voidable. Waiver of this section
may only be obtained by following the provisions of Section 2-458 (a). "
Additionally, no Commission member shall vote on or participate in any way in any
matter presented to the City Commission if that person has any of the following
relationships with any persons or entities which would be or might be directly or
indirectly affected by any action of the City Commission: (i) officer, director, partner, of
counsel, consultant, employee, fiduciary or beneficiary; or (ii) stockholder, bondholder,
debtor, or creditor, if in any instance the transaction or matter would affect the
Commission member in a manner distinct from the manner in which it would affect the
public generally. Any Commission member who has any of the specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the City
Commission shall not vote on or participate in any way in the matter.
Sec. 2-461. Compulsory disclosure by employees of firms doing business with the City.
Should any person who is a City Commissioner, Appointed Official, member of an
advisory board or committee, member of a quasi-judicial board or committee, or
employee be employed, by a corporation, firm, partnership or business entity in which
that person or the immediate family does not have a controlling financial interest, and
should the corporation, firm, partnership or business entity have substantial business
commitments to or from the City or any City agency, or be subject to direct regulation by
the City or a City agency, then the person shall file a sworn statement disclosing such
employment and interest with the Clerk of the City of Coral Gables.
Sec. 4-462. Cone of Silence. Contracts for the Provision of Goods and Services.
(a) The requirements of section 2-11.1 (t) ("Cone of Silence Ordinances") of the
Code of Miami-Dade County, Florida, as amended, shall not be applicable to
the City of Coral Gables.
(b) Cone of Silence. The Cone of Silence shall be applicable only to Contracts for
the provision of goods and services for amounts greater than $25,000; provided,
however, that the Cone of Silence shall not apply to communications with the
City Commissioners, the City Manager, Assistant City Managers, the City Clerk
and the City Attorney.
(c) "Cone of Silence" is defined to mean a prohibition on
(l) any communication regarding a particular Request for Proposals (" RFP"),
Request for Qualifications (" RFQ"), Request for Letters of Interest
("RFLI"), Invitations for Bids ("IFB") or any other advertised solicitation
between a potential Proposer, Offeror, Respondent, Vendor, Service
Page 54 of 61
Provider, Bidder, Lobbyist, or Consultant and City Professional staff,
selection committee or evaluation committee members;
(2) any communication regarding a particular RFP, RFQ, RFLI, IFB or any
other advertised solicitation between the City Commissioners or respective
staffs and any member of the City's professional staff, selection committee,
or evaluation committee members;
The City Manager or Assistants may communicate with the Chairperson of the
selection/evaluation committee only after the committee has submitted its written
recommendation to the City Manager and provided that should any change occur in the
committee recommendation, the content of the communication and of the corresponding
change shall be described in writing and filed by the City Manager with the City Clerk
and be included in any recommendation submitted by the City Manager to the City
Commission.
The Cone of Silence shall not apply to informal Bids as defined in Procurement Code and
Manual; emergency purchases of goods and services; communications with the City
Attorney; duly noticed site visits to determined competency of BidderslProposers,
regarding a particular solicitation; communications with the Chief Procurement officer or
staff, responsible for administering the procurement process for a particular solicitation
provided theconununication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation; sale source procurements; bid waivers; oral
presentations during duly noticed meetings; competitive negotiations; public
presentations made to the City Commission during any duly notice public meeting;
contract negotiations; on-line procurement.
(d) Procedure
(1) Imposition. A Cone of Silence shan be imposed upon each RFP, RFQ,
RFLI, IFB and any other advertised solicitation when the solicitation is
advertised. At the time of imposition of the Cone of Silence, the City
Manager or designee shall provide for public notice ofthe Cone of Silence
and shall advise the affected department (s) in writing. The City Manager
shall include in any public solicitation for goods and services a statement
disclosing the requirements of this ordinance.
(2) Termination. Except as otherwise provided herein, the Cone of Silence
shall terminate at the time of the City Manager's approval of the award, or
the City Manager written recommendation to the City Commission, as
may be applicable, is received by the City Clerk, or at such time that Bids
or Proposals are rejected by the City Commission or the City Manager;
provided, however, that if the Commission refers the City Manager's
recommendation back to the City Manager or staff for further review, the
Cone of Silence shall be re-imposed until such time as the City Manager's
subsequent written recommendation is received by the City Clerk.
Page 55 of 61
(e) Penalties. Violation of the Cone of Silence by a particular Bidder or proposer
shall render any award to said Bidder or proposer voidable by the City
Commission. In addition to any other penalty provided by law, violation of
any provision of this Ordinance by a City employee shall subject said
employee to disciplinary action up to and including dismissal. Any person
who violates a provision of this ordinance shall be prohibited from serving on
a City Competitive selection/evaluation committee unless such appointment is
approved by a 4/5 vote of the City Commission. A violation of this section by
a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant
shall subject such person or persons to potential debarment pursuant to the
provisions of this Chapter.
Section 4. Chapter ****, Article ****, Division 3, Section 2-176, of the Code of the City of
Coral Gables, Florida, as amended, is amended in the following particulars:
Division 3-Procurement: Department of Procurement and Supply Management.
Purchasing DeraRffioot
Sec. 2-176. Established.
(a) There is hereby established a department of the government of the city to be known
as the Department of Procurement and Supply Management, formerly known as the
purchasing department which will carryon the functions and duties maintained and
performed by the former division of purchasing of the finance department of the city.
Section 5. All rights, actions, proceedings and Contracts of the City, including the City
Commissioners, the City Manager, or any of its departments, boards or officers undertaken
pursuant to the existing code provisions, including those pending or unexecuted at the time
Article----goes into effect, shall be enforced, continued, or completed, in all respects, as though
begun or executed hereunder.
Section 6. All ordinances or parts of ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 7. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 8. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Code of the City of Coral Gables, Florida, as amended, which
provisions may be renumbered or relettered and that the word ordinance be changed to "section",
"article", or other appropriate word to accomplish such intention.
Section 9. This ordinance shall become effective May 1, 2003.
Page 56 of61
PASSED ON FIRST READING THIS
ATTEST:
YOLANDA AGUILA.R
CITY CLERK
___ day of __________ , 2003.
MAYOR DONALD D. SLESNICK II
APPROVED AS TO FORM Acl\lD CORRECThTESS:
ELIZABETH M. HERN~}.;1)EZ
CITY ATTORNEY
S :DepartmentslPurchasinglCOCG Procurement-Commission. doc. 1-28-03
Page 57 of61
NIGP CODe OF ETHICS
The lnstiruw bellelr'es, and If is a conditiDn cfnWfIlbersfl1.p. that the jo!lo'tl"ing ethtcai
principle., should govern the conaucl of every perSON employed by a public .sector
{Jl'()cm'emeflt or materials lIlana%"rement organization.
Seeks oraceepts a position as llemi (or employee) onlywhel1 fullyin accord with the professional
principll!s npplicllblelhereto and ~hell cOlliident of posse:rnng the quitlificatiolls to serve under those
plinciples to tl1sadvllrJtage onne el'Uployil1g urSlH1i22.lion.
Beliey<:s in the dignitYllnd worth of tIle sen>iee rendered by the organization, and tbe sooietal
responsibilities ussumro Ull a trusted pub lie servt1nt
Is gCIFcl11ed by !he hishestiOOIIs ofhol1or and integrity in allpubik and per6Dnnl relationships in order
to mmt the re5j)\'lct .md inspi I'll thil confidence Orale organization and the public being w1"\'ed.
Believ>e.s that p<lI'$Onal aggl'lll1dilemel1t or personal profit obtained 1hruugb misll~ ofpuhlic or jlo<ll'$onal
rei uti ouii1ips is disltoll~ and l10t tol emble,
loontifies ~md elimlnates parricipatioll of uny individual in opel<llional SitlUl1101l'S w-here a (:onnict of
interest muy be in vol \led,
B-elieV'QS that mdmoorsof IJlll Institute Ilud ils staff .mould <'It 110 timll, or 1I11d'iJl' any cirt:urru;lancei>,
act.\'Jpt ill recdy or indirectly, gifts. grnhlities. or other Ulings of val ue fium suppliers. ,,,1rich might
Influence 0)' opp<Ulf to influl$nce purchasing decisions.
Keeps the gc\'ernnl~nUll o['ganilt~llion i llfonned, through 3:j1])mJlrial~ channel Ii. on problems lmd
Plugl'ess ofapplic:lbll) opel';U:iolls b}'emphasizing the hnpol'l'anee of the facts.
Resists encroachment on control of personnel in order to preserve integrity as a. professional IDlU1ager,
Handles all personnel matlers on a merit Oasis, lind ill 1lOf11pJiance witIt applicable laws prolubiling
dh;C'\iIninlltian in employment "(lIt the lw;ls offOlitics, religion, colm\ llntionlll Otigi n, dhlabllity,
gender. age, pr~gnm1Cy and tnher pmlected chllrncteristlC5.
Seeks m' dispel~cs no personal fuvors. Handles ei1eh admitlL<;t:mtive problem objectively and
empatileticully. withoutdiscriminnboll, ,
Sub.<Xllibes to and suPl:Olts the prof-essional aims mld objectives of the Natlotll\! 11\.<;titllte of
GOlle['I''fi1lenta 1 11 lu'CilllSing. 1nc.
Page 58 of 61
GFIDELf!VES TO TlIE lVIGP CODE OF ETHICS
f. KESPONSIMLm'TO YOUK EMPLOYEE
Follow the Jawful instru-ctl.llns or Laws of the employer.
Understand th.e JufhorUy gnmted by1he employer.
Avnld ~cth-ftjIOS, whkll'wtmld rompnIJuise af give the percepUoll
of c01npnullising tbe best I.ntc.rest of tIte employer.
Red nee tire potential fl)I a" y dmTges of preferential tn-'li( men! by
actively pr01110Ung {he conccpt (ff compelltill".
Obtain the ntmtimnm.lx"Ilefit for funds spent IS agents for the. ernployel'.
fl. COJ'iFLICTOF lr.{TEREST
Avcrld >Illy prJ\I:ate or pl'ufessionlll adhity thal would cn~at.e :t
cunflict between }'lI1W penon d interest and (h.e Interests of
yo IIr eJuplJ)ycr.
Avo.td engaging In persomlJ 1m5i~s with liUY company that Is 11.
SUJlpll~rto your fmpwyel'.
AvuId lending muncy to OF. /)or:rmvlng maner from any supplier.
JjJ~ PEIfCEPTION
Avoid the IpplOuralu:e of1Juetllkal ar compr"!llnlsing prnctices in
reJntlansllip£., actiolls amI raIDrnunlcations.
Axold busi ne.~s rclatlllDslilps with pen{)nal fTien ds. Request:a
reas,signrnent if tbe sltual1illl arlses.
A"qld noticeable t11.~"ltry8 of lIffeetion, which lUay give lin impression
ofimpropriety .
Avoid bultl.lng bUElll.l?S;S mecUn gs with suppliers outside tbe oJfice.
Wlle-.n such meetings do occur, tbt.' rneetinz locatioo s/wold
be c:aTefully chmen so liS ]HlUO be pere.etY-ed .<lS inappl1l[Hiatc
by other [>ersolls ill the bm;jr~ community 01' your peers.
IV. (iRA nmms
Never solicit or accept mOIl<:.1~" Joa.DS, credits or prejUdicial dlsC{}unt5,.
gIfIs. entertlolfn/llent, f:t'l"ars N' sen-ices from ;tour present 0'£ pott'lltbJ
suppliers which. mlgllt ln11uellce or-appem' to lnnuen~ IHlrclwsLng dedslons.
Page 59 of61
fj"
Never solicit gratu.ities in any forlD far yoursclf or YO·UI' employer.
Hems (If IUmllna] value offered by suppliers ftlT public relatloll:! purposes
are a.c~1ltable when th.e value of such Items, h as been estabUs"hed by your
employm' lIud would 11.01 be perceiyed by the affet\lT, receiver or others as pming
an etilkal breach.
GUts o:fJ~I'OO exceeding nomln~J "lIlne sh()uJdlJe returned with ilL elPl',math:m 9T jf
IJeJishabJe either retul1loo or donuted to a chaTity iu the name ofth.!; supplier.
Tn thHase 4J,f allY gift, care should he bl>ell 10 enJuate tlt.e intent lind. pm'4:eptilJ"n of
ac:cephllc.e to ensllre that It is legal, tbat It will not .illnU'(!lIce yo IIr buying declslom, lind
fhrt It will nut be pcrceived by your peel's and {lihers as unethical.
V. BUSlNESS AtEAi..S
Then, uetimes wben-during t111.1 course nfllminess it may lYe appl'{Jpl'iale to conduct
business d Urill}; meals. III such instal1Ce8, tbe mimI ~hould l>e r()lr it spL'Ci fie busilless
purplHe.
AVllid lh:--qoent 1~11s witb tile s,ame supplier.
The PUldluing profcss!ruml should. be able til pay fur meals as frequ€ntlX as Ih,(' snppller.
Budgeted ftmds ShOllld be a .... llHable for such purp(}sc,s.
n. CONFIDENTIAL fjVFOlilfL4TION
Keep bidden' praprjetlIry jllfarm:ltion confidential.
Develop a formal polley on the handling of con(idenlial jllf'O'rm~tloll.
HI. KELATJOlVSlilP WITIl TlfESlJPPfJEK
1\13.10.1:lill and pradke, l'olbe highCflt degree f>O'SSible, bu:r.in€ss ethics, profESsionlil
C".(}urtcsy, 11ml comlK'.t~:lIce in aU tnllsac1ilHls.
Assoc:iatl1Jn with suppliers at luncbc8, d:inners Ilf tmsiness cTgauiw tion DlL'etlngs is an
liCC'epbb\e IH:ofessilHuJ prac1lce euabling the 11lIJe.r to establish better bllsiness rcllltions-
pl'llvidt>d thd lhe buyer k'f"C(Js free oJ obligation. Aecordingly. 11 i~ slrt/ugly reeommCJId;(ld
t.hat ifaselJcl'pays fOl: lllllU:Udty thatthebu)'l.!f reciprocate .
.Pul'chnsewttholLt pl'{<judice, stnvingto obwln the DJ'dximUlIl ''a.lue far ench dollar 4If
l'Xpt!lldit ure.
Preclude fr(}D1 s,howjng favOI'itlSlu liT !l'lillfluellced by suppliers tbnlUgh the acceptance (If
gl£b,gI1lJnllies, IOll.nsUiI' f:lvol's. Girts ofa nomimd 'mlllelhllt display the lllillle ofa firm
which Is lntf'ud.cd for ad.vel'tiscme.nt Inay o:r IlUY IH~t be 1I.crcptcd in accordance with the
recipient's own to-llsdence ar JurisdkUoo1l1 rules.
Page 60 of 61
't
rf
Adhere to and pratectthe supplIer's bllslnes.y and lcgitll'ighb to ,~on[jdentllllity for trade
seCf{-'i:s, illld oth.Cl' pl'llpr:lewry illforuutloll.
Refrain from pubUcly endorsing products.
JIll EELA 110NSIlIP WITff r.tIB EMPLOYEE.
Remain free of any Iml all intfreWl mld acth:itles, whldilire lIT e()uJll be detrimental or iu
cunmct with the hest Inicrests (If th.e eDlI})oyer.
Refra:in from~ng~.glllgj" a.cthtitlcswllerethe buyer hlls a slgll:itieant personal or
Indirect Jlnancbllnterest.
E-xerclsc dlscretiOJlary auUml'ity all belmlr ofihe empltl')'el'.
Avoid acq IIiI'I ng Intert'St or Incllrring ohligathms tll~ t could COli mel with tlie interests of
tile eJllpLoyer.
IX. KELATfONSff.lPS WITtf OTIfEM AGl!l'tC1ES AND OlWANIZATfONS
A bU~J' shall /101 use hIs poJiitian to cIerI IevN'lIge on individuals urfirms for the purpose
of (,(,{,Hting ll. benefit for :Agencies tIl' organl7..'1tions that he miy represent.
AIl illvo]vemtmt and tr:msactions shall be; handledhl a profes.shmaL mllnnl'J' with the
interest oftll.c huyer's empltrycr' taking pree~d.ent.
X. EELAT10illSIfJP WII1i PIWFESSlOiVAL PlJRClfAS1NG ORGANIZAlTONS
A.NV A SSO CIA nONS.
It is the. obligation and the nS:pOllsibiUtJ of the buyer, 11Lr1lUgll .affiliation with
pl-ofe..'lsional o:rgunlzatlon, to represent that orglUlfzation In a prufl'ssional and
etblcill manltel'.
A buyer shall nat u~ his piJslt!oll to penllade an Indh'ldual Of' tlnu to p/,oYitlt a bellclIt Ii}
an ()FgIDlim 11011.
Xl. POLlCY
H IsH1C paUey of NIGP thai any 1l.'lCmlJ..cr of the Ins-fitule who personaUy, ar 011 behalf uf
.his IOCllI dmpter, is inYDlved in the process at acqul.ring mlv'ertisers .wd/uf Billbllnrs Oil
Oeh~1f Dfthe Institute, shdl :ltt onJy in the c.Jlpad Iy fif pTovldin g l-efemlls of potentia] Of'
inteJ'c5ted parties to the IIf);tituto. As l resllit ursllch F.cfelTnl, s,hollid Hie fn"tiinteJlWDl Jl.
conkactua I ob]igmi.nn, appropriate credit sba Il be gin:1I t()< the i ndh'ldu~.1 or chapter.
Page 61 of61
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CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City Manager
DATE: February 21,2002
SUBJECT: Proposed Cone of Silence Ordinance
1 at Reading March 5, 2002 City Commission Meeting Agenda Item -n=tr
2nd Reading April 2, 2002 City Commission Meeting Agenda Item _~~<-
RECOMMENDATIQN
It is recommended that the City Commission opt out of the Miami-Dade County Cone of
Silence requirements and establish the City's own Cone of Silence requirements. The
Ordinance continues the theme established by the City Commission to ensure that
purchasing transactions are awarded based on merit and seeks to reduce outside
influences on the process. We are fortunate that we have not experienced abuses that
the County has in years past. However, in order to be proactive, it is important to
consider the Ordinance.
BACKGROUND
Section 2-11.1 (t) of Miami-Dade County Code establishes the "Cone of Silence"
requirements, as it relates to procurement processes such as Request for Proposal
(RFP), Request for Qualifications (RFQ) and Invitation to Submit Qualifications (ISO).
Simply stated, the Cone of Silence restricts communications between the bidder or
proposer and the City staff and Commission during the period of time that the notice is
issued and the recommendation is issued. The purpose of this County Ordinance was
to eliminate any undue influence or lobbying while the purchasing process was in effect
and before a recommendation was made by the County Manager.
County Ordinance allows cities to opt out of Section 2-11.1 (t). Although I agree in
concept with the Cone of Silence, it is my opinion that the County requirements in some
cases are too cumbersome and in other cases do not go far enough to address the
issue. For this reason, the City Attorney and I have drafted a new Ordinance tailored to
meet our needs and better address the issues.
Memo to City Commission
Page 2
The proposed Ordinance seeks to accomplish the following:
1. Streamline the process.
2. Allows the City Commission to interact with staff regarding purchasing
transactions recommendations that appear on the Commission Agenda.
3. Prohibits the City Commission, City Manager and staff from
communicating with a potential vendor during the time the Cone of
Silence is in effect.
4. Allows communication between the potential vendor and the City's
Purchasing Agent or City employee designated for administering the
procurement process, provided the communication is limited to matters of
procedure.
5. Provides for reasonable exceptions that ensure that the playing field is
level for all bidders.
6. The Cone of Silence is imposed at the time the item is advertised and
terminates at the beginning of the City Commission Meeting at which the
item will be considered.
EMS/aca
Attachment
ceo 1050-02
ORDINANCE NO. 2002 -_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CITY TO OPT OUT OF AND EXEMPT
ITSELF FROM THE REQUIREMENTS OF SECTION 2-
11.1 (1) OF THE MlAMI"[)ADE COUNTY CODE
CONCERNING CONE OF SILENCE REQUIREMENTS
RELATED TO PURCHASING TRANSACTIONS; AMENDING
THE CITY CODE BY ADOPTING SECTION 2-260 "CONE
OF SILENCE" OF CHAPTER 2 "ADMINISTRATION,"
PROVIDING CITY'S CONE OF SJLENCE REQUIREMENTS
RELATED TO COMMUNICATIONS WITH THE CITY
DURING PURCHASING TRANSACTIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Miami-Dade County, Florida,
has recently adopted an amendment to Section 2-11.1 (t) of the Miami-Dade County
Code (the "County Code"), so as to remove any question of municipal autonomy in
purchasing transactions, and to enable municipalities to opt out of and exempt
themselves from the requirements of Section 2-11.1 (t) "Cone of Silence" of the County
Code; and
WHEREAS. the City Commission finds that any necessary restrictions upon
bidder or proposer communications with the City during the competitive bidding or
proposal process related to purchasing transactions may be provided by municipal
ordinance and by including appropriate provisions within the specifications for the
purchasing transaction, rather than being mandated by a County ordinance which is not
tailored to meet local concerns and procedures.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Ordinance No. 2002-_
Page 2
Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed
and adopted.
Section 2. Opt Out Invoked. It is hereby provided that the provisions of
Section 2-11.1 (t) "Cone of Silence," of the Miami-Dade County Code shall not apply to
the City of Aventura. This opt out provision shall prevail over any conflicting City
Ordinance.
Section 3. City Code Amended. That the City Code of the City of Aventura is
hereby amended by creating Section 2-260 "Cone of Silence" of Chapter 2
"Administration" to read as follows:
Section 2-260. Cone of Silence.
(a) Definitions. "Cone of Silence", as used herein, means a
prohibition on any communication regarding a particular
Request for Proposal ("RFP"), Request for Qualification ("RFQ")
or bid, between:
a potential vendor, service provider, proposer, bidder,
lobbyist, or consultant, and:
the City Commissioners, City's professional staff including,
but not limited to, the City Manager and his or her staff, any
member of the City's selection or evaluation committee.
(b) Restriction; Notice. A Cone of Silence shall be imposed upon
each RFP, RFQ and bid after the advertisement of said RFP,
RFQ or bid. At the time of imposition of the Cone of Silence, the
City Manager or his or her designee shall provide for public
notice of the Cone of Silence by posting a notice at the City Hall.
The City Manager shall issue a written notice thereof to the
affected departments, file a copy of such notice with the City
Clerk, with a copy thereof to each City Commissioner, and shall
include in any public solicitation for goods or services a
statement disclosing the requirements of this section.
(c) Termination of Cone of Silence. The Cone of Silence shall
terminate at the beginning of the City Commission meeting at
which the City Manager makes his or her written
recommendation to the City Commission. However, if the City
2
Ordinance No. 2002-_
Page 3
Commission refers the Manager's recommendation back to the
Manager or staff for further review. the Cone of Silence shall be
reimposed until such time as the Manager makes a subsequent
written recommendation.
(d) Exceptions To Applicability. The provisions of this section
shall not apply to:
(1) oral communications at pre-bid conferences;
(2) oral presentations before selection or evaluation
committees;
(3) public presentations made to the City Commissioners
during any duly noticed public meeting;
(4) communications in writing at any time with any City
employee, unless specifically prohibited by the
applicable RFP, RFQ or bid documents. The bidder or
proposer shall file a copy of any written communication
with the City Clerk. The City Clerk shall make copies
available to any person upon request;
(5) communications regarding a particular RFP, RFQ or bid
between a potential vendor, service provider, proposer,
bidder, lobbyist or consultant and the City's Purchasing
Agent or City employee designated responsible for
administering the procurement process for such RFP,
RFQ or bid, provided the communication is limited
strictly to matters of process or procedure already
contained in the corresponding solicitation document;
(6) communications with the City Attorney and his or her
staff;
(7) duly noticed site visits to determine the competency of
bidders regarding a particular bid during the time period
between the opening of bids and the time the City
Manager makes his or her written recommendation;
(8) any emergency procurement of goods or services
pursuant to City Code;
(9) responses to the City's request for clarification or
additional information;
(10) contract negotiations during any duly noticed public
meeting;
(11) communications to enable City staff to seek and obtain
industry comment or perform market research,
provided all communications related thereto between a
potential vendor, service provider, proposer, bidder,
lobbyist, or consultant and any member of the City's
professional staff including, but not limited to, the City
3
Ordinance No. 2002-_
Page 4
Manager and his or her staff are in writing or are made
at a duly noticed public meeting.
(e) Penalties. Violation of this section by a particular bidder or
proposer shall render any RFP award. RFQ award or bid award
to said bidder or proposer voidable by the City Commission
and/or City Manager. Any person who violates a provision of
this section may be prohibited from serving on a City selection
or evaluation committee. In addition to any other penalty
provided herein, violation of any provision of this section by a
City employee may subject said employee to disciplinary action.
Section 4. Severability. That the provisions of this Ordinance are declared to
be severable and if any section. sentence, clause or phrase of this Ordinance shall for
any reason be held to invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect. it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
Section 7. Notification. That the City Clerk shall provide a copy of this
Ordinance to the Miami-Dade County Ethics Commission.
The foregoing Ordinance was offered by Commissioner Holzberg. who moved its
adoption on first reading. The motion was seconded by Commissioner Cohen and, upon
being put to a vote. the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
4
yes
yes
yes
yes
yes
yes
yes
i
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1
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1
1
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1
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Ordinance No. 2002-_
Page 5
The foregoing Ordinance was offered by COmmissioner ________ _
who moved its adoption on second reading. The motion was seconded by Commissioner
__________ " and. upon being put to a vote. the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Penow
PASSED AND ADOPTED on first reading this 5th day of March, 2002.
PASSED AND ADOPTED on second reading this 2nd day of April. 2002.
ATIEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A TIORNEY
JEFFREY M. PERLOW, MAYOR
5
City of Miami gardens
1515-200 NW 167 ti1 Street
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Oscar Braynon II
Councilman Andre Williams
Agenda Cover Page
Date January 9, 2008
Fiscal Impact No X Yes c
(If yes, explain in Staff Summary)
Funding Source: N/A
ContractlP.O Requirement Yes No X
Sponsor Name/Department
Danny Crew, City Manager
Public hearing LJ
Ordinance X
Reading X
Advertising requirement
Title
Quasi-judicial [j
Resolution X
2nd Reading c
Yes D No
An Ordinance of the City Council of the City of Miami Gardens, Florida, opting out of
Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance as it relates
to the Cone of Silence with respect to communications regarding advertised
purchasing solicitations; adding Section 23 to Ordinance No. 2005-10-48, the
Purchasing Ordinance to provide for a Cone of Silence; providing for penalties;
providing for instructions to the City Clerk: providing for adoption of representations;
repealing all ordinances and resolutions in conflict; providing a severability clause;
providing for inclusion in code; providing an effective date.
Staff Summary
Miami-Dade County Ordinance 00-149 adopted on November 29, 2000, relating to the
Cone of Silence, amended Section 2-11.1 of the County's Conflict of Interest and Code
of Ethics. The Cone of Silence sets forth the conditions under which communication
may be made upon the advertisement for solicitation for goods, services, public works
improvements, construction, and professional services. While we previously used the
County's ordinance, the attached ordinance more specifically address issues impacting
the City.
The proposed ordinance defines the prohibitions, exceptions, commencement and
termination of the Cone of Silence.
Recommendation:
It is recommended that the City Council adopt this ordinance establishing the City's own Cone
of Silence.
,.
C AGENDA ITEM XI A
Palll1l:'Ho Bay
<"~"';:
To: Honorable Mayor, Vice Mayor Date: January 5, 2006
& Village Council
From: Charles Scurr, Village Manager{l Re: Amending Conflict of Interest
and Code of Ethics Law
Ordinance for 2nd Reading
REQUEST
AN ORDINANCE OF TIlE MAYOR AND VILLAGE COUNCIL OF
THE VILLAGE OF PALMETTO BA Y, FLORIDA, RELATING TO
ETHICS, AMENDING CHAPTER _ OF THE CODE OF
ORDINANCES OF THE VILLAGE OF PALMETTO BAY, ENTITLED
"CONFLICT OF INTEREST AND CODE OF ETHICS"; PROHIBITING
ACCEPTANCE OF TRAVEL EXPENSES FROM VILLAGE
VENDORS; PROHIBITING VILLAGE PERSONNEL FROM
PERFORMING CONTRACT RELATED DUTIES WHERE
RELATIONSHIP EXISTED WITH VENDOR WITHIN TWO YEARS
OF EMPLOYMENT WITH THE VILLAGE; PROVIDING FOR
ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
As you recall, this Ordinance, passed on first reading at the December 5, 2005 Council
meeting.
TIlls Ordinance strengthens the Village's existing law.
FISCALIBUDGET ARY IMP ACT:
None at this time.
RECOMMENDATION
Approve the proposed Ordinance on second and final reading.
XI. Ii -
1
2 ORDINANCE NO. _____ _
3
4 AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF
5 THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO
6 ETHICS, AMENDING CHAPTER OF THE CODE OF ORDINANCES
7 OF THE VILLAGE OF PALMETTO BAY, ENTITLED "CONFLICT OF
8 INTEREST AND CODE OF ETHICS"; PROHIBITING ACCEPTANCE
9 OF TRAVEL EXPENSES FROM VILLAGE VENDORS; PROHIBITING
10 VILLAGE PERSONNEL FROM PERFORMING CONTRACT
11 RELATED DUTIES WHERE RELA TIONSHIP EXISTED WITH
12 VENDOR WITHIN TWO YEARS OF EMPLOYMENT WITH THE
13 VILLAGE; PROVIDING FOR ORDINANCES IN CONFLICT,
14 CODIFICA TION, SEVERABILITY AND AN EFFECTIVE DATE.
15
16
17 WHEREAS, the Mayor and Village Council of the Village of Palmetto Bay
18 established standards of ethical conduct and behavior for village officials and personnel;
19 and,
20
21 WHEREAS, the Mayor and Village Council established the village=s own
22 procedures and evidentiary standards for detennining complaints of ethical violations;
23 and,
24
25 WHEREAS, Miami-Dade County has revised its ethics code to preclude county
26 personnel from accepting travel expenses from county vendors; and,
27
28 WHEREAS, Miami-Dade County also sought to close a "loop hole" related to
29 contractual responsibilities; and,
30
31 WHEREAS, these modifications to the county code also apply to the village; and,
32
Page 1 of 33
Additions shown by underlining and deletions shown by overstril,ing.
1 WHEREAS, in an effort to continue to strengthen the village's ethics code, the
2 village council seeks to amend its code to provide these additional safeguards to the
3 village's operations; and,
4
5 WHEREAS, the adoption of a Conflict of Interest and Code of Ethics ordinance is
6 in the best interests of the Village of Palmetto Bay.
7
8 BE IT ENACTED BY TIlli MAYOR AND VILLAGE COUNCIL OF TI-IE
9 VILLAGE OF PALMETTO BAY, FLORIDA, AS FOLLOWS:
10
11 Section 1. Chapter __ of the Code of Ordinances of the Village of Palmetto
12 Bay entitled "CONFLICT OF INTEREST AND CODE OF ETHICS" is amended to read
13 as follows:
14 Chapter __
IS CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE.
16
17 .1 Designation. This section shall be designated and known as the "Village
18 of Palmetto Bay Conflict ofInterest and Code of Ethics Ordinance." This section
19 shall be applicable to all village personnel as defined below, and shall also
20 constitute a standard of ethical conduct and behavior for all autonomous
21 personnel, quasi-judicial personnel, advisory personnel and departmental
22 personnel. The provisions of the Village of Palmetto Bay Conflict of Interest and
23 Code of Ethics Ordinance shall be applied in a cumulative manner. By way of
24 example, and not as a limitation, sections _.03 and __ .04 may be applied to the
25 same contract or transaction.
26
27 .2 Definitions. For the purposes ofthis section the following definitions shall
28 be effective:
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(a) The tenns "council members" and "village council" shall refer to the mayor
and the members of the village council.
(b) The term "autonomous personnel" shall refer to the members of
autonomous authorities, boards and agencies, as may be created from time
to time.
(c) The tenn "quasi-judicial personnel" shall refer to the members of the
planning and zoning Board, and the other individuals, boards and agencies
of the village as perfonn quasi-judicial functions.
(d) The term "advisory personnel" shall refer to the members of those village
advisory boards and agencies whose sole or primary responsibility is to
recommend legislation or give advice to the village council.
( e) The term "departmental personnel" shall refer to the village clerk, the
village manager, department heads, the village attorney, and all assistants to
the village clerk, village manager and village attorney, however titled.
(f) The term "employees" shall refer to all other personnel employed by the
village.
(g) The term "compensation" shall refer to any money, gift, favor, thing of
value or financial benefit conferred, or to be conferred, in return for
services rendered or to be rendered.
(h) The term "controlling financial interest" shall refer to ownership, directly or
indirectly, of 10% or more of the outstanding capital stock in any
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corporation or a direct or indirect interest of 10% or more in a firm,
partnership, or other business entity at the time of transacting business with
the village.
(i) The term "immediate family" shall refer to the spouse, parents, children,
brothers and sisters of the person involved.
(j) The term "transact any business" shall refer to the purchase or sale by the
village of specific goods or services for consideration and to submitting a
bid, a proposal in response to a RFP, a statement of qualifications in
response to a request by the village, or entering into contract negotiations
for the provision on any goods or services, whichever first occurs.
. 3 Prohibition on transacting business with the village .
(a) No person included in the terms defined in sections _.02(a) through ({)
and (i) shall enter into any contract or transact any business in which that
person or a member of the immediate family has a financial interest, direct
or indirect with the Village of Palmetto Bay or any person or agency acting
for the village, and any the contract, agreement or business engagement
entered in violation of this section shall render the transaction voidable.
Willful violation of this section shall constitute malfeasance in office and
shall affect forfeiture of office or position. This prohibition does not apply
to the provision of professional services by the village attorney, the village
planner or the village engineer. Nothing in this section shall prohibit or
make illegal (I) the payment of taxes, special assessments or fees for
services provided by the village government and (2) the purchase of bonds,
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anticipation notes or other securities that may be issued by the village
through underwriters or directly from time to time.
(b) Waiver of prohibition. The requirements of this section may be waived for
a particular transaction only by four affirmative votes of the village council
after public hearing upon written findings of fact that:
(1) An open-to-all sealed competitive proposal has been submitted by
a village person as defined in sections _.02(b), (c) and (d), or,
(2) The proposal has been submitted by a person or firm offering
services within the scope of the practice of architecture,
professional engineering, or registered land surveying, as defined
by the laws of the State of Florida and pursuant to the provisions of
the Consultants= Competitive Negotiation Act, and when the
proposal has been submitted by a village person defined in section
(b), (c) and (d), or,
(3) The property or services to be involved in the proposed transaction
are unique and the village cannot avail itself of the property or
services without entering a transaction which would violate this
section but for waiver of its requirements, and
(4) That the proposed transaction will be in the best interest of the
village.
(c) This section shall be applicable only to prospective transactions and the
village council may in no case ratify a transaction entered in violation of
this section.
(d) Provisions cumulative. This section shall be taken to be cumulative and
shall not be construed to amend or repeal any other law pertaining to the
same subject matter.
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.4 Further prohibition on transacting business with the village. No person
included in the terms defined in sections _.02(a) through (f) and (i) shall
enter into any contract or transact any business through a firm,
corporation, partnership or business entity in which that person or any
member of the immediate family has a controlling financial interest,
direct or indirect, with the village or any person or agency acting for the
village, and any the contract, agreement or business engagement entered
in violation of this section shall render the transaction voidable. The
remaining provisions of section _.03 will also be applicable to this
section as though incorporated by recitation.
Additionally, no person included in the term defined in section _.02(a)
shall vote on or participate in any way in any matter presented to the
village council if that person has any of the following relationships with
any of the persons or entities which would be or might be directly or
indirectly affected by any action of the village council: (i) officer,
director, partner, of counsel, consultant, employee, fiduciary or
beneficiary; or (ii) stockholder, bondholder, debtor, or creditor, if in any
instance the transaction or matter would affect the person defined in
section _.02(a) in a manner distinct from the manner in which it would
affect the public generally. Any person included in the term defined in
section _.02(a) who has any of the specified relationships or who would
or might, directly or indirectly, realize a profit by the action of the village
council shall not vote on or participate in any way in the matter.
(a) Prohibition on acceptance of travel expenses from village vendors.
Notwithstanding any other provision of this section, no person included
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(b)
in subsections .02(a), .02ee) and .02(D shall accept, directly or
indirectly, any travel expenses including, but not limited to,
transportation, lodging, meals, registration fees and incidentals from any
village contractor, vendor, service provider, bidder or proposer. The
village council may waive the requirements of this subsection by a
majority vote of the council. The provisions of this subsection (a) shall
not apply to travel expenses paid by other governmental entities or by
organizations of which the village is a member if the travel is related to
that membership.
Prohibition on village employees and departmental personnel performing
contract-related duties. No person included in subsections .02(e) and
.02e£), who was previously employed by or held a controlling
financial interest in a for-profit firm, partnership or other business entity
(hereinafter "business entity") shall, for a period of two years following
tennination of his or her prior relationship with the business entity,
perform any village contract-related duties regarding the business entity,
or successor in interest, where the business entity is a village bidder,
proposer, service provider, contractor or vendor. As used in this
subsection (b), "contract-related duties" include, but are not limited to,
service as a member of a village certification, evaluation, selection,
technical review or similar committee; approval or recommendation of
award of contract; contract enforcement, oversight or administration;
amendment, extension or termination of contract; or forbearance
regarding any contract. Notwithstanding the foregoing, the provisions of
this subsection (b) shall not apply to the village manager.
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. 5 Gifts .
(a) Definition. The term "gift" shall refer to the transfer of anything of
economic value, whether in the form of money, service, loan, travel,
entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
(b) Exceptions. The definition of the term "gift" of section _.05(a) shall not
apply to:
(1) Political contributions specifically authorized by State law;
(2) Gifts from relatives or members of one=s household, unless the
person is a conduit on behalf of a third party to the delivery of a
gift that is prohibited under section _.S( c);
(3) Awards for professional or civic achievement;
(4) Material such as books, reports, periodicals or pamphlets which are
solely informational or of an advertising nature.
(5) Gifts solicited by village employees or departmental personnel on
behalf of the village in the performance of their official duties for
use solely by the village in conducting its official business.
(6) Gifts solicited by commission members on behalf of the village in
the performance of their official duties for use solely by the village
in conducting its official business.
(c) Prohibitions. A person described in section _.02(a) through (f) shall
neither solicit nor demand any gift. It is also unlawful for any person or
entity to offer, give or agree to give to any person included in the terms
defined in section _.02(a) through (f) or for any person included in the
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terms defined in section _.02(a) through (f) to accept or agree to accept
from another person or entity, any gift for or because of:
(i) an official public action taken, or to be taken, or which could be
taken, or an omission or failure to take a public action;
(ii) a legal duty performed or to be performed, or which could be
performed, or an omission or failure to perform a legal duty;
(iii) a legal duty violated or to be violated, or which could be violated
by any person included in the term defined in section _.02(a); or,
(iv) attendance or absence from a public meeting at which official
action is to be taken.
(d) Disclosure. Any person included in the term defmed in section _.02(a)
through (0 sha1l disclose any gift, or series of gifts, received from anyone
person or entity during the village's fiscal year, having a value in exoess of
$25.00 in compliance with the Miami-Dade County Ethics Code, section 2-
11.1, et seq. The disclosure shall be made by filing a copy of the disclosure
form required by chapter 112, Florida Statutes, for "local officers" with the
village clerk simultaneously with the filing of the form with the Clerk of
Miami-Dade County and with the Florida Secretary of State.
.6 Compulsory disclosure by employees of firms doing business with the
village. Should any person included in the terms defined in section
_.02(a) through (f) be employed by a corporation, firm, partnership or
business entity in which that person or the immediate family does not
have a controlling financial interest, and should the corporation, firm,
partnership or business entity have substantial business commitments to
or from the village or any village agency, or be subject to direct
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.7
.8
.9
regulation by the village or a village agency, then the person shall file a
sworn statement disclosing the employment and interest with the Clerk
of the Village of Palmetto Bay.
Exploitation of official position prohibited. No person included in the
terms defined in section _.02(a) through (f) shall use or attempt to use
his or her official position to secure special privileges or exemptions for
that person or others except as may be specifically permitted by other
ordinances or resolutions enacted or approved by the mayor and village
council.
Prohibition on use of confidential information. No person included in
the terms defined in section _.02(a) through (f) shall accept
employment or engage in any business or professional activity which he
or she might reasonably expect would require or induce that person to
disclose confidential information acquired by reason of an official
position, nor shall that person in fact ever disclose confidential
information garnered or gained through an official position with the
village, nor shall that person ever use the information, directly or
indirectly, for personal gain or benefit.
Conflicting employment prohibited. No person included in the terms
defined in section _.02(a) through (f) shall accept other employment
which would impair independence of judgment in the performance of
any public duties.
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.10
(a)
Prohibition on outside employment.
No person included in the terms defined in section _.02( e) and (f) shall
receive any compensation for services as an officer or employee of the
village from any source other than the village, except as may be
permitted as follows:
(1) Generally prohibited. No full-time village employee shall accept
outside employment, either incidental, occasional or otherwise,
where village time, equipment or material is to be used or where
the employment or any part thereof is to be performed on village
time.
(2) When permitted. A full-time village employee may accept
incidental or occasional outside employment so long as the
employment is not contrary, detrimental or adverse to the interest
of the village or any of its departments and the approval required in
paragraph (3) is obtained.
(3) Approval of department head required. Any outside employment
by any full-time village employee must first be approved in writing
by the employee=s department head who shall maintain a complete
record of the employment.
(4) Penalty. Any person convicted of violating any provision of this
section shall be punished as provided in Section 1-11 of the Code of
Miami-Dade County and, in addition shall be subject to dismissal by
the appointing authority. The village may also assess against a
violator a fine not to exceed $500.00 and the costs of investigation
incurred by the village.
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(b) All full-time village employees engaged in any outside employment for
any person, finn, corporation or entity other than the Village of Palmetto
Bay, or any of its agencies or instrumentalities, shall file, under oath, an
annual report indicating the source of the outside employment, the nature
of the work being done and any amount of money or other consideration
received by the employee from the outside employment. Village
employee reports shall be filed with the village clerk. The reports shall
be available at a reasonable time and place for inspection by the pUblic.
The village manager may require monthly reports from individual
employees or groups of employees for good cause.
.11 Prohibited investments. No person included in the terms defined in section
_.02(a) through (f) or a member of the immediate family shall have
personal investments in any enterprise which will create a substantial
conflict between private interests and the public interest.
.12 Certain appearances and payment prohibited.
(a) No person included in the terms defined in section _.02(a), (e) and Cf)
shall appear before any village board or agency and make a presentation
on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other
benefit sought by the third person. Nor shall the person receive any
compensation or gift, directly or indirectly, for services rendered to a third
person, who has applied for or is seeking some benefit from the village or
a village agency, in connection with the particular benefit sought by the
third person. Nor shall the person appear in any court or before any
administrative tribunal as counselor legal advisor to a party who seeks
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legal relief from the village or a village agency through the suit In
question.
(b) No person included in the terms defined in section _.02 (b), ( c) and (d)
shall appear before the village councilor agency on which the person
serves, either directly or through an associate, and make a presentation
on behalf of a third person with respect to any matter, application for a
permit, license, contract, certificate, ruling, decision, opinion, rate
schedule, franchise, or other benefit sought by the third person. Nor
shall the person receive any compensation or gift, directly or indirectly,
for services rendered to a third party who has applied for or is seeking
some benefit from the village councilor agency on which the person
serves in connection with the particular benefit sought by the third party.
Nor shall the person appear in any court or before any administrative
tribunal as counselor legal advisor to a third party who seeks legal relief
from the village councilor agency on which the person serves through
the suit in question.
.13 Actions prohibited when financial interests involved. No person included
in the terms defined in section _.02(a) through (f) shall participate in
any official action directly or indirectly affecting a business in which that
person or any member of the immediate family has a financial interest.
A financial interest is defined as a special financial interest, direct or
indirect, as that term is used in section 4.03 of the county's charter, or as
a financial interest as defined in section 769 of the Restatement of the
Law of Torts as an investment or something in the nature of an
investment. This section shall not prohibit an official or employee from
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taking official action (1) to promote tourism, development or
redevelopment within the village or any portion of the village, or (2) to
authorize the expenditure of public funds for promoting tourism,
development or redevelopment so long as no public funds are to be paid
to the person or a member of his or her immediate family or to any
business in which he, she or a member of his or her immediate family
has a financial interest.
.14 Acquiring financial interests. No person included in the terms defined
in section _.02(a) through (f) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or
has reason to believe that the financial interest may be directly affected
by official actions of the village.
.15 Recommending professional services. No person included in the terms
defined in section _.02(a) through (f) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or
any other person or firm, professional or otherwise, to assist in any
transaction involving the village or any of its agencies, provided that a
recommendation may properly be made when required to be made by the
duties of office and in advance at a public meeting attended by other village
officials, officers or employees.
.16 Continuing application after village service.
(a) No person included in the terms defined in section _.02(a), (e) and (f)
shall, for a period of two years after his or her village service or
employment has ceased, lobby any village official [as defined in section
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.02(a) through (f)] in connection with any judicial, quasi-judicial or
other proceeding, application, RFP, RFQ, bid, request for ruling or other
determination, contract, claim, controversy, charge, accusation, arrest or
other particular subject matter in which the Village of Palmetto Bay or one
of its agencies is a party or has any interest whatever, whether direct or
indirect. Additionally, no person who has served on the planning and
zoning board shall, for a period of two years after his or her service has
ceased, lobby any village official on behalf of an applicant for a
development permit or appear in any judicial proceeding on behalf of any
party other than the village. Nothing contained in this section shall
prohibit any individual from submitting a routine administrative request or
application to a village department or agency during the two-year period
after his or her service has ceased.
(b) The provisions of the section shall not apply to persons who become
employed by governmental entities, 501 (c)(3) non-profit entities or
educational institutions or entities, and who lobby on behalf of those
entities in their official capacities.
.17 Lobbying.
(a) As used in this section "lobbyist" means all employees, persons, firms, or
corporations employed or retained by a principal who seeks to encourage
the passage, defeat, or modifications of (1) any ordinance, resolution,
action or decision of the village council; (2) any action, decision,
recommendation of any village manager, village board or committee; or
(3) any action, decision or recommendation of village personnel during the
time period of the entire decision-making process on the action, decision
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or recommendation which foreseeably will be heard or reviewed by the
village council, or a village board or committee. "Lobbyist" specifically
includes the principal as well as any employee whose normal scope of
employment includes lobbying activities. The term "lobbyist" specifically
excludes the following persons: lobbyists hired by the village who are to
communicate with village personnel in the course of performing under
their contracts; attorneys or other representatives retained or employed
solely for the purpose of represent individuals, corporations or other
entities during publicly noticed quasi-judicial proceedings where the law
prohibits ex-parte communications; expert witnesses who only provide
scientific, technical or other specialized information or testimony at public
meetings; any person who only appears as a representative of a
neighborhood association without compensation or reimbursement for the
appearance, whether direct, indirect, or contingent, to express support of or
opposition to any item; and employees of a principal whose normal scope
of employment does not include lobbying activities.
(b) All lobbyists shall register with the village clerk within five business days
of being retained as a lobbyist, or before engaging in any lobbying
activities, whichever shall come first. Every person required to register
shall:
(1) Register on forms prepared by the village clerk;
(2) State under oath his or her name, business address and the name
and business address of each person or entity which has employed
the registrant to lobby. If the lobbyist represents a corporation, it
shall also be identified. Without limiting the foregoing, the
lobbyist shall also identify all persons holding, directly or
indirectly, a five percent or more ownership interest in the
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corporation, partnership, or trust. Annual registration of all
lobbyists shall be required prior to January 15 th of the applicable
year and each person who withdraws as a lobbyist for a particular
client shall file an appropriate notice of withdrawal. The fee for
annual registration shall be $490.00. In addition, every registrant
shall be required to state the extent of any business or professional
relationship with any current person described in subsection
.02(a). The registration fees required by this section shall be
deposited by the village clerk into a separate account and shall be
expended for the purpose of recording, transcribing, administration
and other costs incurred in maintaining these records for
availability to the public. Unexpended funds may be transferred to
general revenue at the end of the fiscal year. There shall be no fee
required for filing a notice of withdrawal and the village council
may, in its discretion, waive the registration fee upon a finding of
financial hardship.
(4) Prior to conducting any lobbying, all principals must file a form
with the village clerk, signed by the principal or the principal's
representative, stating that the lobbyist is authorized to represent
the principal. Failure of a principal to file the form required by the
preceding sentence may be considered in the evaluation of a bid or
proposal as evidence that a proposer or bidder is not a responsible
contractor. Each principal shall file a form with the village clerk at
the point in time at which a lobbyist is no longer authorized to
represent the principal.
(5) Every lobbyist and principal of a local business shall sign-in with
the village clerk each time he or she meets with village personnel
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at a village facility, or shall deliver a memorandum of meeting to
the village clerk within 24 hours of meeting with village personnel
at another location, and shall inform the village clerk, in writing, of
the: (1) name of the lobbyist or the principal of the local business;
(2) the village personnel; (3) the time and place of the meeting; and
(4) the issue to be discussed. The issue shall be described with as
much detail as is practical, including but not limited to a specific
description where applicable to a pending request for a proposal,
invitation to bid, or public hearing item.
(c) (1) Any public officer, employee or appointee who only appears in his
or her official capacity shall not be required to register as a
lobbyist.
(2) Any person who only appears in his or her individual capacity for
the purpose of self-representation and any principal of a local
business who appears without compensation or reimbursement,
whether direct, indirect or contingent, to express support of or
opposition to any item, shall not be required to register as a
lobbyist.
(c) Any person who appears as a representative for an individual or firm for
an oral presentation before a village certification, evaluation, selection,
technical review or similar committee, shall list on an affidavit provided
by the village all individuals who may make a presentation. The affidavit
shall be filed by staff with the village clerk's office at the time the proposal
is submitted. For the purpose of this section only, the listed members of
the presentation team shall not be required to pay any registration fees. No
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person shall appear before any committee on behalf of an individual or
finn unless he or she has been listed as part of the firm's presentation team
pursuant to this paragraph or unless he or she is registered with the village
clerk's office and has paid all applicable fees.
(e)(1) Between January 2nd and 15 th of each year, the lobbyist shall submit
to the village clerk a signed statement under oath listing all lobbying
expenditures in excess of $25.00 for the preceding calendar year. A
statement shall be filed even if there have been no expenditures during the
reporting period. The statement shall list in detail each expenditure by
category, including food and beverage, entertainment, research,
communication, media advertising, publications, travel, lodging and special
events.
(2) The village clerk shall notify any lobbyist who fails to timely file an
expenditure report. In addition to any other penalties which may be
imposed, a fine of $50.00 per day shall be assessed for reports filed after
the due date. Where a fine of $50.00 per day is assessed, the Ethics
Commission shall not impose an additional fine as provided in section 2-
ILl (u) of the county code. Any lobbyist who fails to file the required
expenditure report by September I st shall be automatically suspended from
lobbying until all fines are paid unless the fine has been appealed to the
Miami-Dade County Commission on Ethics.
(3) The village clerk shall notifY the Miami-Dade County Commission
on Ethics of the failure of a lobbyist or principal to file a report and, or, pay
the assessed fines after notification.
(4) A lobbyist or principal may appeal a fine and may request a
hearing before the Miami-Dade County Commission on Ethics. A
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request for a hearing on the fine must be filed with the Miami-
Dade County Commission on Ethics within 15 calendar days of
receipt of the notification of the failure to file the required
disclosure form. The Miami-Dade County Commission on Ethics
and Public Trust shall have the authority to waive the fine, in
whole or part, based on good cause shown. The Commission on
Ethics and Public Trust shall have the authority to adopt rules of
procedure regarding appeals.
( e) The village clerk shall publish logs on a quarterly and an annual basis
reflecting the lobbyist registrations which have been filed in accordance
with this subsection _.17. All logs required by this ordinance shall be
prepared in a manner substantially similar to the logs prepared for the
Florida Legislature pursuant to Section 11.045, Florida Statutes.
(f) The Florida Commission on Ethics shall investigate any person engaged in
lobbying activities who may be in violation of this chapter. In the event
that a violation is found to have been committed, the person shall be
prohibited from lobbying before the village councilor any committee,
board or personnel of the village on the subject that resulted in a finding of
a violation, and be subject to the penalties set forth in this chapter.
Additionally, every lobbyist who is found to be in violation of this section
shall be prohibited from registering as a lobbyist or lobbying in accordance
with the following schedule:
• First violation for a period of 90 days from the date of
detennination of violation;
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• Second violation for a period of one year from the date of
determination of violation;
• Third violation for a period of five years from the date of
4 determination of violation.
5 A bidder or proposer shall be subject to the debarment provisions of
6 Section 10-38 of the Code of Miami-Dade County as if the bidder or proposer
7 were a contractor where the bidder or proposer has violated this section, either
8 directly or indirectly or any combination thereof, on three or more occasions. As
9 used herein, a "direct violation" shall mean a violation committed by the bidder or
10 proposer and an "indirect violation" shall mean a violation committed by a
11 lobbyist representing the bidder or proposer. A contract entered into in violation of
12 this section shall also render the contract voidable. The village manager shall
13 include the provisions of this section in all village bid documents, RFP, RFQ,
14 CBO and CDBG applications; provided, however, the failure to do so shall not
15 render any contract entered into as the result of the failure illegal per se.
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(g) All members of the village council, and all village personnel, shall be
diligent to ascertain whether persons required to register pursuant to this
section have complied. Village council members or village personnel may
not knowingly permit a person who is not registered pursuant to this section
to lobby the village council members, or committee, board or village
personnel.
(h) Except as otherwise provided in subsection _.I7(g) the validity of any
action or determination of the village council members or village personnel,
board or committee shall not be affected by the failure of any person to
comply with the provisions of this subsection .17.
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(i) Commencing on the effective date of this ordinance, and between January 2
and 15 of every year thereafter, each lobbyist shall disclose the terms and
amount of compensation paid by each principal to the lobbyist. The
principal shall also disclose the terms and amount of compensation paid to
every lobbyist retained or employed by the principal. No person may, in
whole or in part, pay, give or agree to payor give a contingency fee to a
lobbyist. No lobbyist may, in whole or in part, receive or agree to receive a
contingency fee. As used herein, "contingency fee" means a fee, bonus,
commission, or non-monetary benefit paid or promised as compensation
which is dependent on or in any way contingent on the passage, defeat, or
modification of: (1) any ordinance, resolution, action or decision of the
village council; (2) any action, decision or recommendation of any village
manager, village board or committee; or (3) any action, decision or
recommendation of village personnel during the time period of the entire
decision-making process regarding the action, decision or recommendation
which foreseeably will be heard or reviewed by the village council, or a
village board or committee.
.18 Cone of Silence.
(a) Contracts for the provision of goods and services.
(1) "Cone of Silence" is hereby defined to mean a prohibition on:
A. any communication regarding a particular RFP, RFQ, or bid
between a potential vendor, service provider, bidder, lobbyist,
or consultant and the village'S professional staff including,
but not limited to, the village manager and his or her staff;
B. any communication regarding a particular RFP, RFQ, or bid
between the mayor or village council members and any
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member of the village's professional staff including, but not
limited to, the village manager and his or her staff;
C. any communication regarding a particular RFP, RFQ or bid
between a potential vendor, service provider, bidder, lobbyist,
or consultant and any member of the selection committee
therefor;
D. any communication regarding a particular RFP, RFQ or bid
between the mayor, village council members and any member
of the selection committee;
E. any communication regarding a particular RFP, RFQ or bid
between a potential vendor, service provider, bidder, lobbyist,
or consultant and the mayor or village council members; and
F. any communication regarding a particular RFP, RFQ or bid
between any member of the village's professional staff and
any member of the selection committee. The village manager
and the chairperson of the selection committee may
communicate about a particular selection committee
recommendation, but only after the committee has submitted
an award recommendation to the village manager and provided
that should any change occur III the committee
recommendation, the content of the communication and of the
corresponding change shall be described in writing and filed
by the village manager with the village clerk and be included
in any recommendation memorandum submitted by the village
manager to the village council.
Notwithstanding the foregoing, the cone of silence shall not apply to:
A. communications with the village attorney and his or her staff;
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B. duly noticed site visits to determine the competency of
bidders regarding a particular bid during the time period
between the opening of bids and the time the village manager
makes his or her written recommendation;
C. any emergency procurement of goods or services;
D. communication regarding a particular RFP, RFQ or bid
between any person and the contracting officer responsible
for administering the procurement process for the RFP, RFQ
or bid, provided the communication is limited strictly to
matters of process or procedure already contained in the
corresponding solicitation document.
(2) Procedure.
A. A cone of silence shall be imposed upon each RFP, RFQ and
bid after the advertisement of the RFP, RFQ or bid. At the
time of imposition of the cone of silence, the village manager
or his or her designee shall provide for public notice of the
cone of silence. The village manager shall issue a written
notice to the affected departments, file a copy of the notice
with the village clerk, with a copy to the mayor and each
village council member, and shall include in any public
solicitation for goods and services a statement disclosing the
requirements of this ordinance. Notwithstanding any other
provision of this section, the imposition of a cone of silence
on a particular RFP, RFQ or bid shall not preclude staff from
obtaining industry comment or perfonning market research,
provided all communications related thereto between a
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potential vendor, servIce provider, bidder, lobbyist, or
consultant and any member of the village's professional staff
including, but not limited to, the village manager and his or
her staff, are in writing or are made at a duly noticed public
meeting.
B. The cone of silence shall tenninate at the time the village
manager makes his or her written recommendation to the
village council; provided, however, that if the village council
refers the village manager's recommendation back to the
village manager or staff for further review, the cone of silence
shall be re-imposed until the time as the village manager
makes a subsequent written recommendation.
(3) Exceptions. The provisions of this ordinance shall not apply to
oral communications at pre-bid conferences, oral presentations
before selection committees, contract negotiations during any duly
noticed public meeting, public presentations made to the village
council during any duly noticed public meeting or communications
in writing at any time with any village employee, official or
member of the village council unless specifically prohibited by the
applicable RFP, RFQ or bid documents. The bidder or proposer
shall file a copy of any written communication with the village
clerk. The village clerk shall make copies available to any person
upon request.
(b) Penalties. In addition to the penalties provided in this chapter and
Miami-Dade County code sections 2-11.1 (s) and (v), violation of this
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.19
section by a particular bidder or proposer shall render any RFP award, RFQ
award or bid award to the bidder or proposer voidable. Any person who
violates a provision of this ordinance shall be prohibited from serving on a
village competitive selection committee. In addition to any other penalty
provided by law, violation of any provision of this ordinance by a village
employee shall subject the employee to disciplinary action up to and
including dismissal. Additionally, any person who has personal knowledge
of a violation of this ordinance shall report the violation to the State
Attorney and, or, may me a complaint with the Miami-Dade County
Commission on Ethics.
V illage attorney to render opinions on request. Whenever any person
included in the terms defined in section __ .02(a) through (f) and
paragraph (b)(9) section (i) is in doubt as to the proper interpretation or
application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the village is in doubt as to
the applicability of the ordinance, that person may submit to the village
attorney a full written statement of the facts and questions to be
determined. The village attorney shall then render an opinion to the
person and shall publish these opinions without use of the name of the
person advised unless the person permits the use of a nanle.
.20 Determination of legal sufficiency of a complaint. An investigation of an
alleged violation by any person included in the terms defined in subsections
_. 02(b) through (f) and (i), except the village manager and the village
attorney and their immediate family, shall be initiated upon receipt by the
village manager of a written complaint which alleges the elements of a
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violation, is based substantially upon the personal knowledge of the
complainant and signed under oath or affirmation by the complaining person,
and is legally sufficient to state a possible violation of this chapter. Within 5
days after receipt, the village manager shall send a copy of a complaint to the
alleged violator. The village attorney shall make the determination of legal
sufficiency within 20 days. If the complaint is determined to be legally
insufficient, the village attorney shall state the reasons for the finding in
writing and report the determination to the complainant, the alleged violator,
or respondent, and the village council.
.21 Complaints against mayor, commission member or appointed village
official. A complaint against the mayor, a council member, village manager,
or village attorney and their immediate family may be referred to the Miami-
Dade County Commission on Ethics, or may be addressed as provided in this
section with appropriate provision made by the village council for the fair and
effective investigation and determination of issues.
.22 Probable cause determination. A preliminary investigation of a legally
sufficient complaint shall be undertaken by the village attorney to determine
whether there is probable cause to believe that a violation has occurred. If,
upon completion of the preliminary investigation, the village attorney finds no
probable cause to believe that a violation has been committed, the village
attorney shall dismiss the complaint with the issuance of a report to the
complainant, the respondent and the village council. If the village attorney
finds from the preliminary investigation probable cause to believe that a
violation has been committed, he or she shall notify, via certified mail, the
complainant and the respondent in writing.
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.23 Investigations. Investigations shall be conducted by the village attorney,
with assistance from a department head or other department personnel if
requested of the village manager by the village attorney. Investigations shall
be limited to the allegations of the complaint, but shall include an
investigation of all facts and persons materially related to the complaint at
issue.
.24 Public Records. The complaint, all proceedings and other records
relating to the preliminary investigation shall be public records under the
provisions of chapter 119, Florida Statutes, unless otherwise specifically
exempt chapter 119.
.25 Subpoenas. The village attorney shall be empowered to make
application to any circuit court of this state which shall have jurisdiction to
order witnesses to appear and to produce evidence, or to give testimony
touching on any issue in question at any stage of the proceeding on a
complaint. Any person who fails to obey the order may be punished in a court
of law.
.26 Final hearing on complaint. The village attorney may schedule a final
public hearing on a complaint before the village manager. Adequate notice
shall be given to the complainant and the respondent. Adequate notice shall
be presumed to be at least 10-days advanced notice of hearing. The
complainant shall present the case first. Respondent may then present its
defense.
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(a) The complainant and respondent shall have the rights to present
evidence relevant to the complaint, to cross-examine and impeach
witnesses and to present rebuttal evidence. The village, through the village
attorney, or his or her designee, may present additional evidence, cross-
examine and impeach witnesses and present rebuttal evidence.
(b) Final hearings shall not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence may be
admitted. Hearsay evidence may be used to supplement or explain other
evidence, but shall not be sufficient in itself to support a finding. The rules
of privilege shall be effective to the same extent that they are now or may
be recognized in civil actions. Irrelevant and unduly repetitious evidence
shall be excluded.
(c) The provlsIOns of this section relating to final hearing shall be
supplemental to the provisions of the Code of Miami-Dade County section
2-1074, as amended, relating to motions, motions in opposition to
proceeding, pre-hearing conferences, exchange of witness lists, procedures
for public hearings, evidence, and transcript of proceedings.
Final Order. Upon completion of any investigation and final hearing, the
village attorney shall make proposed recommended findings of facts and
conclusions of law, and village manager shall enter an order determining
whether any provision of this chapter has been violated and, in the case a
violation is found, impose a penalty, as provided in the ordinance or
statute being enforced, costs and take appropriate personnel action. The
burden of proof shall be on the complainant, or the village, to prove a
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violation by clear and convincing evidence in the record. The village
manager shall, within 60 days of the filing of a complaint, render a final
order disposing of the complaint. If a person fails to comply with an
order issued by the village manager, the village manager may make
application to the Miami-Dade County Commission on Ethics which
shall have jurisdiction over the complaint, or to another agency which
may have jurisdiction over the complaint.
.28 Attorney=s fees. In any case in which the village attorney finds no probable
cause to believe that a violation has been committed or determines that the
complaining party filed a frivolous or groundless complaint, the village
attorney may recommend to the village manager, and the village manager
may order the complaining party to pay any costs and attorney=s fees
incurred by the village.
.29 Prospective jurisdiction. Any alleged violation committed before the
effective date of this ordinance shall be governed by the applicable village
of Palmetto Bay, Miami-Dade County and State of Florida Code of Ethics
Ordinances, Conflict of Interest Ordinances or Lobbyist Registration and
Reporting Ordinances in effect at the time of the alleged violations.
.30 Personnel proceeding. Where an employee of the Village of Palmetto Bay
is alleged to have violated a law within the purview of this ordinance, and
based upon the same set of facts, is subject to an ongoing disciplinary
action initiated by the village, the village attorney and village manager shall
stay consideration of a complaint until the conclusion of the personnel
proceeding.
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.31 Statute of limitations. No action may be taken on a complaint filed more
than one year after the violation is alleged to have accrued.
.32 Termination of proceeding. A proceeding on a complaint shall terminate in
the event the respondent dies in office, leaves office for any reason or is
permanently separated from employment with the village, or enters into a
settlement agreement with the village manager.
.33 Appeal and judicial review. An aggrieved respondent may appeal an
adverse finding of a violation to the village council. Review by the village
council shall be on the record and limited to determining whether the 1)
respondent was afforded procedural due process; 2) findings of fact are
supported by substantial competent evidence and 3) conclusions are correct
as a matter of law. An aggrieved respondent must first exhaust its right to
an appeal to the village council before seeking review by the circuit court
for Miami-Dade County. Review by the circuit court shall be pursuant to
the Florida Rules of Appellate Procedure.
20 _.34 Proceedings by the Miami-Dade Commission on Ethics and the Florida
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Commission on Ethics. To the maximum extent allowed by law, the
Miami-Dade County Commission on Ethics shall abate proceedings on any
complaint, which is filed by the same complainant against the same
respondent, and involving substantially identical facts, until the village
completes its proceedings on the complaint. The village shall promptly
notify the Miami-Dade Commission on Ethics and Public Trust and the
Florida Commission on Ethics when it learns that a substantially identical
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compliant has been filed with either of those agencies and request that their
proceedings be abated until the conclusion of the village's proceedings.
The village's findings of facts, conclusions of law, final determination and
imposition of a penalty shall be accorded a presumption of correctness by
those agencies.
.35 Penalties and personnel action. The village manager may assess a fine, not
to exceed $250.00 for the first offense, and $500.00 for any subsequent
offense of this chapter, and costs of investigation. The village manager may
take personnel action and may enter into stipulations and settlements as are
just and in the best interest of the citizens of Village of Palmetto Bay.
Section 2. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 3. This ordinance shall be codified and included In the Code of
Ordinances.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ENACTED this [ ] day of [ ], 2006.
33 Attest:
34 Meighan Pier Eugene P. Flinn, Jr.
35 Village Clerk Mayor
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4 APPROVED AS TO FORM:
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7 Eve A. Boutsis,
8 Office of Village Attorney
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11 FINAL VOTE AT ADOPTION:
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13 Council Member Ed Feller
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15 Council Member Paul Neidhart --
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17 Council Member IoOO Breder
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19 Vice-Mayor Linda Robinson
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21 Mayor Eugene P. Flinn, Ir.
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Page 33 of 33
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ORDINANCE NO. 2002-3378
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VII
THEREOF, ENTITLED "STANDARDS OF CONDUCT", BY AMENDING DIVISION
4, ENTITLED "PROCUREMENT", BY AMENDING SECTION 2-486, ENTITLED
"CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE
PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR
PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), AND
INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY
COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL
VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT;
PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL
COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, on January 29, 2002, the Miami-Dade County Commission approved
Ordinance No. 02-3, amending Section 2-11.1 (t) of the Miami-Dade County Code, the
County's Cone of Silence Ordinance, with an effective date of February 8, 2002; and
WHEREAS, Miami-Dade County's approved amendments extended the prohibition
on oral communications regarding a particular RFP, RFQ, and bid for the solicitation of
goods and services to those between a potential vendor, service provider, bidder, lobbyist
or consultant, and the Mayor, County Commissioners and their respective staffs; and
WHEREAS, Miami-Dade County's approved amendments added additional
exemptions to the prohibition on oral communications regarding a particular RFP, RFO, or
bid for the solicitation of goods and services between any person and the procurement
director or his/her designated staff responsible for administering the procurement process
for such RFP, RFO or bid, and between a member of the respective selection committee,
provided the communication be limited strictly to matters of process or procedure already
contained in the corresponding solicitation document; and -
WHEREAS, Miami-Dade County's approved amendments added additional
exemptions to the prohibition on oral communications between the County Manager and
the chairperson of a selection committee about a particular selection committee
recommendation, only after the committee has submitted a recommendation to the
Manager and provided that, should any change occur in the committee recommendation,
the content of the communication and of the corresponding change shall be described in
writing and filed by the Manager with the Clerk of the County and be included in any
recommendation memorandum submitted by the Manager to the County Commission;
WHEREAS, Miami-Dade County's approved amendments added additional
exemptions to the prohibition on oral communications pertaining to emergency
procurements.
WHEREAS, said Miami-Dade County amendments are applicable to the Mayor and
City Commissioners of the City of Miami Beach, the City Manager, and their respective
staffs; and in order to extend said amendments and their applicability to potential vendors,
service providers, bidders, lobbyists, and consulti:mts doing business in the City of Miami
Beach, the Administration and the City Attorney's Office herein recommends that the
Mayor and City Commission amend the City's Cone of Silence Ordinance accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Miami Beach
City Code is hereby amended to read as follows:
Article VII. Standards of Conduct
DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods, services, and construction projects.:, ~
than al::leit sontraGts.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on:
(a) any communication regarding a particular request for proposal ("RFP"),
request for qualifications ("RFQ"), roql::lest for letters of interost ("RF=LlrI),
or bid between a potential vendor, service provider, bidder, lobbyist, or
consultant and the city's administrative staff including, but not limited to,
the city manager and his or her staff;
(b) any communication regarding a particular RFP, RFQ, RJ:bI.; or bid
between the mayor, city commissioners, or their respective staffs, and
any member of the city's administrative staff including, but not limited to,
the city manager and his or her staff;
(c) any communication regarding a particular RFP, RFQ, ~ or bid
between a potential vendor, service provider, bidder, lobbyist, or
consultant and any member of a city evaluation and/or selection
committee therefor; aAG
(d) any communication regarding a particular RFP, RFQ, RFId, or bid
between the mayor, city commissioners.l..or their respective staffs.l..and
any ~member of a city evaluation and/or selection committee therefor;
(e) any communication regarding a particular RFP. RFQ. or bid between the
mayor. citv commissioners. or their respective staffs and a potential
vendor. service provider, bidder, lobbyist, or consultant. Notwithstaneing
the foregoing, the sane of silense shall not apply to oompetiti'.'e
pfOoesses for the a'o'Jarei of CD8G, HOME, SHIP ane Sl::Irtax pl::lnes
administoroe by the sit}! omoe of eomml::lnity eevelopment, and
somml::lnieations with the city attorney and his or her staff.
(2) Procedure.
a. A The cone of silence shall be imposed upon each RFP, RFQ, Rf.b.l,
aM or bid after the advertisement of said RFP, RFQ, RR-I, or bid. At
the time of imposition of the cone of silence, the city manager or his
or her designee shall provide for public notice of the cone of silence.
The city manager shall include in any public solicitation for goods and
services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate~
a)illat the time the city manager makes his or her written
recommendation as to selection of a particular RFP, RFQ, RFY; or
bid to the city commission, and said RFP, RFQ, RPY; or bid is
awarded; provided, however, that following the Mmanager making his
or her written recommendation, the cone of silence shall be lifted as
relates to communications between the M-mayor and M-members of
the G-commission and the G-gity M-manager; providing further if the
city commission refers the manager's recommendation back to the
city manager OF staff for further review, the cone of silence shall
continue until such time as the manager makes a subsequent written
recommendation, and the particular RFP, RFQ, ~ or bid is
awarded~
-9F-b) illLin the event of contracts for less than $25,OOO~ when the city
manager executes the contract.
(3) Exceptions. The pFOvisions of this ordinanee cone of silence shall not apply
to:
(a) competitive processes for the award ofCDBG. HOME. SHIP and Surtax
Funds administered by the citv office of community development; and
(b) communications with the city attomey and his or her staff.
W Moral communications at pre-bid conferences;
~ {gloral presentations before evaluation and/or selection committees;
£!frLrucontract discussions during any duly noticed public meeting;
{G}-ill public presentations made to the city commissioners during any duly
noticed public meeting;
~ !9l contract negotiations with city staff following the award of an RFP,
RFQ, RRd, or bid by the city commission;
(.f1 !h1 communications in writing at any time with any city employee, official
or member of the city commission, unless specifically prohibited by the
applicable RFP, RFQ, RFbI, or bid documents; OF
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· {§1-ill city commission meeting agenda review meetings between the city
manager and the mayor and individual city commissioners where such
matters are scheduled for consideration at the next G-£ommission meeting.
~(j) communications regarding a particular RFP. RFQ or bid between the
procurement director. or his/her administrative staff responsible for
administering the procurement process for such RFP. RFQ or bid and a
member of the evaluation/selection committee therefor. provided the
communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document:
!.Is} duly noticed site visits to determine the competency of bidders regarding
a particular bid during the time period between the opening of bids and the
time the city manager makes his or her written recommendation:
ill any emergency procurement of goods or services;
(m) communications regarding a particular RFP. RFQ. or bid between any
person. and the procurement director, or his/her administrative staff
responsible for administering the procurement process for such RFP. RFQ,
or bid. provided the communication is limited strictly to matters of process or
procedure already contained in the corresponding solicitation document.
!nl. The bidder, proposer, vendor, service provider, lobbyist, or consultant
shall file a copy of any written communications with the city clerk. The city
clerk shall make copies available to any person upon request.
(b) Audit oontraGts.
(1) "Cene of silense" is heFeby defined to mean a prohibition on: (a) any
oommuniGations regarding a partiGl:llar RFP, RFQ, RFLI, or bid bet\f.'een a
potential '1endor, seFVise provider, Bidder, lobByist, or Gonsultant and the
mayor, sity Gommissioners or their respeGti'le sta#S, and any member of the
sity's administrative staff inGluding, byt not limited to the sit)' manager and his
or her staff, and (b) any oral oommunisation regarding a partiGular RFP,
RFQ, RFLI, or Bid between the mayor, Git)' Gommissioners ortheir respesti'le
staffs and any memBer of the sity's administrati'le staff inGluding, but not
limited to,the sity manager and his er her staff; and (G) any sommunisation
regarding a partiGYlar RFP, RFQ, RFLI, or bid between a potential vendor,
seFViee provider, bidder, lobbyist, or sonsl::lltant and any member ef a Gity
&\'aluation and/or seleGtion Gommittee; and (d) any GOmml::lnieation regarding
a partiel::llar RFP, RFQ or bid bet\veen the Mayer, City Commissioners or
their respeGti'le staffs and any member ef a sit)' elJaluation and/or seleGtion
semmittee. Not'lJithstanding the foregoing, the GOne of silenoe shall not apply
to sornmuniGatiens with the eity atterAey and his or her staff.
(2) Exeept as provided in subseetions (B)(3) and (b)(4) hereof, a GOne of silense
shall be imposed upon eaeh RFP, RFQ, RFLI, or Bid for audit seFVices after
the ad'lertisement of said RFP, RFQ, RFLI, or bid. /\t the time of the
imposition of the oene of silence, the sity manager or his or her deSignee
shall f3ro'lide for the f3!;1blio notioe of the Gone of silenoe. The GOne of silenoe
shall terminate a) at the time the oity manager makes !:lis or !:Ier written
reoommendation as to selestion ota partio!;llar R~P, RFQ, RFLI, or Bid to the
oity oommission, and said RFP, RFQ, RFLI, or Bid is awarded; pro"'ided,
howeller, that following the Manager making his or her wFitten
reoommendation, tRe Gone of silenoe shall 130 lifted as relates to
oommunioations Between the Mayor and MemBers of the CommiSSion and
t!:le City Manager; pro\'iding further if the oity oommissiofl refers the
manager's reoommendation Baok to tRe oity manager or staff for furt!:ler
rellie' .... , the Gone of silenoe shall oontinue !;Intil suoh time as the manager
makes a sUBsequent written reoommendation, and the partioular RFP, RFQ,
RFLI, or bid is awarded or B) in t!:le e'/ont of oontrasts for less than $26,000
when the oity manager eKeoutes the oontrast.
(3) Nothing oontained herein shall pro !:Ii Bit any Bidder, proposer, venaor, seMoe
pro\'idor, lOBByist, or oonsultant (I) from making pUBlio presentations at duly
notioea pre Bid oonferenoes or Before d!;lly notioed e'lah:.ation oommittee
meetings; (ii) from engaging in oontrast disoussions during any duly notioed
pUBlio moeting; (iii) from engaging in contract negotiations ' .... ith oity sta#'
following the award of an RFP, RFQ, RFLI, or bid for auail by the oity
oommission; or (ill) from oommunioating in writing with any oily employee or
off.ioial for purposes of seeking olarifioation or additional information from the
oity or responding to t!:le oity's request for GlarifiGation or additional
information, suBject to the prollisions ot the appliGaBle RFP, RFQ, RFLI, or
Bid doouments. The Bidder or proposer etG. shall file a oopy of any written
oommunioation with the oity olerk. The oity Glerk shall make oopies aliaiiaBle
to the general pUBIiG upon request.
(4) Nothing Gontained herein shall prohiBit any lOBByist, Bidder, proposer,
vendor, servioe prollider, Gonsultant, or other person or entity from publioly
addressing the Gity Gommissioners during any duly notioed pUBIiG meeting
regarding astion on any audit Gontrast. The oity manager shall inGlt:.Ide in any
publio solioitation for auditing servioes a statement disslosing the
requirements of t!:lis division.
~!Ql Violations/penalties and procedures. A violation of this section by a particular
bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject said
bidder, or proposer, vendor, service provider, lobbyist, or consultant to the same
procedures set forth in Division 5, entitled ~Debarment of Contractors: from City
Work; shall render any RFP award, RFQ award, RFbI av.<ard, or bid award to said
bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant voidable;
and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not
be considered for any RFP, RFQ, ~ or bid for a contract for the provision of
goods or services for a period of one year. Any person who violates a provision of
this division shall be prohibited from serving on a city evaluation and/or selection
committee. In addition to any other penalty provided by law, violation of any
provision of this division by a city employee shall subject said employee to
disciplinary action up to and including dismissal. Additionally, any person who has
personal knowledge of a violation of this division shall report such violation to the
city attorney's office or state attorney's office .... and/or may file a complaint with the
county ethics commission.
(Ord. No. 99-3164, § 1,1-6-99; Ord. No. 2001-3295, § 1,3-14-01)
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SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.,
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any
reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity or constitutionality
of the remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 10th day of August ,2002, which
is 10 days after adoption.
PASSED and ADOPTED this __ ....;;3,-",1.;;...st,,--_ I--+-"-~+-___ ' 2002.
ATTEST:
City Clerk
Letters or numbers that are stricken through are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
F:\ATIO\OLlJ\RES-ORD\CONEOFSILENCE.FNL.DOC
APPROVED AS 10
FORM & lANGUAGE
& FOR CUltON
OFFICE OF THE CITY ATTORNEY
F L o A D A
MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
TO:
COMMISSION MEMORANDUM
MAYOR DAVID DERMER
MEMBERS OF THE CITY COMMISS N
DATE: JULy 31,2002
FROM: MURRAY DUBBIN
CITY ATIORNEY!\U
JORGE M. GONZALEZ
CITY MANAGER
SECOND REAPING
PUBLIC HEARING
SUBJECT: AMENDMENT TO CITY'S "CONE OF SILENCE" ORDINANCE
On January 29, 2002, the Miami-Dade County Commission approved an amendment to the
County's "Cone of Silence" Ordinance, with an effective date of February 8, 2002. The approved
amendments to the County's Ordinance, which the City Manager and the City Attorney's Office
herein recommend be incorporated as an amendment to the City's own "Cone of Silence" Ordinance,
are as follows:
(1) Extending the prohibition on oral communications regarding a particular RFP, RFQ,
and bid for the solicitation of goods and services to those between a potential vendor,
service provider, bidder, lobbyist or consultant, and the Mayor, Commissioners, and
their respective staffs;
(2) Extending the prohibition on oral communications regarding a particular RFP, RFQ,
or bid between any administrative staff member, and any member of an evaluation
and/or selection committee therefor;
(3) Notwithstanding the prohibition in subsection (2) above, providing an exemption
allowing the Manager and the chairperson of the evaluation and/or selection
committee to communicate upon a particular evaluation and/or selection committee
Agenda Item ASC
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recommendation, but only after the committee has submitted an award
recommendation to the Manager and, provided should a change occur in the
committee's recommendation, the content of the communication and of the
correspondence change shall be described in writing and filed by the Manager with
the City Clerk, and be included in any recommendation memorandum submitted by
the Manager to the Commission;
(4) Creating an exemption allowing communications regarding a particular RFP, RFQ,
or bid between the Procurement Director (or hislher administrative staff responsible
for administering the particular RFP, RFQ, or bid process) and a member of the
evaluation/selection committee therefor, provided the communication is limited
strictly to matters of process or procedure already contained in the corresponding bid
document;
(5) Creating an exemption for duly noticed site visits to determine the competency of
bidders regarding a particular bid, during the time period between the opening of the
bids and the time the Manager makes hislher written recommendation to the
Commission;
(6) Creating an exemption for emergency procurement of goods or services; and
(7) Creating an exemption to allow for communications regarding a particular RFP,
RFQ, or bid between any person and the Procurement Director (or his or her
administrative staff responsible for administering the bid process), provided the
communication is limited to matters of process or procedure already contained in the
bid documents.
The Miami-Dade County Commission on Ethics has consistently taken the position that the
County's Ethics legislation, as codified in Section 2 of the Miami-Dade County Code, applies to
municipal officers and employees, whether or not they chose to adopt corresponding legislation or
not. However, one of the reasons that the City of Miami Beach adopted its own cone of silence
legislation was not only to make it stricter in places where the County's ordinance is more lenient
(which is legally permissible), but also, assuming the County ethics legislation only applies to
municipal officers and employees, the enactment of the City's own cone of silence ordinance
extended the prohibitions of the ordinance, and the sanctions therein, to potential vendors, service
providers, bidders, lobbyists, andlor consultants doing business with the City of Miami Beach.
It is therefore recommended by the City Manager and City Attorney's Office's that the Mayor
and City Commission herein adopt, on first reading, the attached amendments to the City's Cone of
Silence Ordinance; said amendments mirroring the amendments already approved by the Miami-
Dade County Commission (in its Cone of Silence Ordinance).
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