§ 2-1. Cone of silence.

(a)

Definitions. The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City staff means any employee or agent of the City of Sunrise, other than an elected official, who is or could be involved in the decision making process, including but not limited to, awarding contracts, creating resolutions or ordinances, or involved in any way with the outcome of decisions made by elected or appointed city officials, board members or committee members.

Person means any individual, firm, business entity, company, corporation (profit or non-profit), professional corporation or association, group, organization, joint venture, partnership, limited partnership, limited liability company, agency, estate, trust, business trust, syndicate, fiduciary, or other entity or body or group or combination, however constituted.

(b)

Cone of silence.

(1)

"Cone of silence" means a prohibition on any communication regarding a particular request for proposals (RFP), request for letters of interest (RLI), request for qualifications (RFQ), bid, or any other competitive solicitation between:

a.

Any person who seeks an award therefrom, including a potential vendor or vendor's representative, proposer, service provider, bidder, consultant, or lobbyist, and

b.

Any city commissioner, or any city staff or city representative who evaluate(s) or recommend(s) selection in such procurement process. Notwithstanding the foregoing, the cone of silence shall not apply to communications with (i) the city attorney and his or her staff, (ii) the purchasing director, or (iii) with designated city staff, who are not serving on the particular selection committee, for the purpose of obtaining clarification or information concerning the subject solicitation. The potential vendor or vendor's representative shall file a copy of any written communication with the purchasing division who shall make copies available to the public upon request. Further, nothing herein shall prohibit a city commissioner, and other city staff from communicating with each other, subject to the provisions of the Sunshine Law. For purposes of this section, "vendor's representative" means an employee, partner, officer, or director of a potential vendor, or consultant, lobbyist, or actual or potential subcontractor or sub-consultant of a vendor.

(2)

The cone of silence shall be applicable to each RFP, RLI, RFQ, bid, or other competitive solicitation. The cone of silence begins at the time of short listing by the selection team for responses for the RFP, RLI, RFQ; and for procurements when a short listing is not created, such as a bid, then at the bid opening or at the time responses are received. At the time of imposition of the cone of silence, the purchasing director shall provide public notice of the cone of silence by posting notice at City Hall. The purchasing director shall issue a written notice thereof to affected departments, file a copy of such notice with the city clerk and the mayor and each city commissioner. Any advertisement and public solicitation for goods and services shall contain a statement disclosing the requirements of this subsection.

(3)

The cone of silence shall terminate at the time of award by the purchasing director if no contract is needed, approval of a contract by the purchasing director or city commission, upon the rejection of all bids or responses, or upon other action that ends the solicitation.

(4)

Nothing contained herein shall prohibit any potential vendor or vendor's representative:

a.

From making public presentations at duly noticed selection committee meetings;

b.

From engaging in contract negotiations during any duly noticed public meeting;

c.

From making a public presentation to the city commission during any duly noticed public meeting;

d.

From communicating with designated city staff as set forth in section (b)1.b. above for purposes of seeking clarification or additional information, subject to the provisions of the applicable RFP, RLI, RFQ or bid documents or other procurement documents. The potential vendor or vendor's representative shall file a copy of any written communication with the purchasing division who shall make copies available to the public upon request; or

e.

From engaging in contract negotiations with city staff who have been designated in writing by the purchasing director or city commission to negotiate a contract.

(5)

Penalties for violation:

a.

Any violation of this subsection by an existing or potential vendor or vendor's representative during the cone of silence:

1.

Shall render any RFP award, RFQ award RLI award, or bid award or other competitive solicitation award to said potential vendor or vendor's representative voidable, at the sole discretion of the city commission; and

2.

May subject the potential vendor or vendor's representative to debarment for a period not to exceed two (2) years as determined by the city commission after it issues written notice to any violator and provides said violator with thirty (30) days to request a public hearing.

(Code 1972, § 2-20.1; Ord. 486, § 1, 12-11-07; Ord. No. 486-10-A, § 1, 9-28-10; Ord. No. 486-12-A, § 2, 1-10-12; Ord. No. 486-16-A, § 2, 6-28-16)