§ 5-173. Procurement of commodities or contractual services.

(a)

Unless otherwise authorized by law, all purchases of commodities or contractual services in excess of the threshold amount provided in category two shall be awarded by advertised competitive sealed bidding. An invitation to bid shall be issued which shall include a detailed description of the commodities or contractual services sought; the date for submittal of bids; and all contractual terms and conditions applicable to the procurement of commodities or contractual services, including the criteria which shall include, but need not be limited to, price, to be used in determining acceptability of the bid. If renewal of the contract is contemplated, it shall be so stated in the invitation to bid. The bid shall include the price for each year for which the contract may be renewed, if applicable. No criteria may be used in determining acceptability of the bid that was not set forth in the invitation to bid. Multiple awards may be made to insure the availability of commodities and services.

(b)

When it is determined that the use of competitive sealed bidding is not practicable, commodities or contractual services in excess of the threshold amount provided in category two may be procured by advertised competitive sealed proposals. A request for proposals should include a statement of the commodities or contractual services sought and all contractual terms and conditions applicable to the procurement of commodities or contractual services, including the criteria, which shall include, but need not be limited to, price, to be used in determining acceptability of the proposal. If renewal of the commodities or contractual services contract is contemplated, it shall be so stated in the request for proposals. The proposal may be required to include the price for each year for which the contract may be renewed. To assure full understanding of and responsiveness to the solicitation requirements, discussions may be conducted with qualified offerors. The offerors shall be accorded fair and equal treatment prior to the submittal date specified in the request for proposals with respect to any opportunity for discussion and revision of proposals. The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the city, taking into consideration the criteria set forth in the request for proposals.

(c)

When the purchase price of commodities or contractual services exceeds the threshold amount provided in category two, no purchase of commodities or contractual services may be made without receiving competitive sealed bids or competitive sealed proposals unless:

(1)

The city manager, or a designee, determines in writing an immediate danger to the public health, safety, or welfare or other substantial loss to the city requires emergency action. After such a determination is made, the commodities or contractual services necessitated by the immediate danger may be procured, without competition. However, such emergency procurement shall be made with such competition as is practicable under the circumstances. A copy of the written determination should be placed on the agenda as a "Notification of Emergency Action" under the city manager's report. The written determination should, if reasonably possible, be placed on the next agenda if it occurs more than forty-eight (48) hours prior to the agenda being distributed to the city commissioners. Otherwise, the written determination shall be placed on the following agenda if it occurs less than forty-eight (48) hours prior to the agenda being distributed to the city commissioners.

(2)

A hurricane warning is issued, or a public emergency is declared by county, state or federal officials for Broward County or portions of Broward County, including the city. In such emergencies all purchasing requirements of this section are suspended for the duration of the warning period or other public emergency and the city manager, or designee, may make such purchases as deemed necessary for city operations subject to the availability of budgeted funds.

(3)

The commodities or contractual services are available only from a single source.

(4)

The commodities or contractual services are made through, or with prices and terms comparable to, an existing governmental contract if that contract resulted from a competitive process. If a contract is awarded pursuant to an existing governmental contract, the procurement manager may renew the contract if it is renewed by the other governmental agency. Non-substantial modifications may be made to a governmental contract if they are in the best interests of the city. Nothing in this section shall be deemed or construed to prevent the city in any purchase of vehicles or weapons that exceeds twenty-five thousand dollars ($25,000.00) from using the description of commodities and price from an existing governmental contract for commodities, except for a co-operative contract, and awarding the contract to another contractor if that contractor has better pricing. The city, in its discretion, may proceed with the contractor offering the lower price than the existing governmental contract.

(5)

The city commission waives the competitive bid requirements for good cause.

(6)

The contractual services are in one (1) of the following classifications: artistic services; independent contractors for leisure services programs; services provided by other governmental agencies; entertainment for city events; medical services, legal services, including attorney, paralegal, expert witness, appraisal, or mediator services; services in connection with the purchase and sale of real property, including appraisals, surveys, environmental audits, title insurance; auditing services; bond underwriting services; financial advisor services; governmental relations and communications services.

(7)

Real property purchases and leases.

(8)

The contractual services are for specific excess stop loss reinsurance and aggregate excess stop loss reinsurance provided the city is self-funded for medical insurance with a third-party administrator, which does not have a financial ownership interest with a specific excess stop loss and aggregate excess stop loss reinsurer.

(d)

If fewer than two (2) responsive bids or proposals for commodities or contractual services purchases are received, the department may negotiate on the best terms and conditions.

(e)

The procurement of commodities or contractual services shall not be divided so as to avoid the requirements of the various purchasing categories.

(f)

A contract for commodities or contractual services may be awarded without competition if state or federal law prescribes with whom the city must contract.

(g)

The city manager, or designee, is authorized to terminate any contract in accordance with its terms.

(h)

The city manager, or designee, may extend a contract for commodities or contractual services for a period not to exceed six (6) months subject to the same terms and conditions set forth in the initial contract. Any additional extensions shall be subject to city commission approval.

(i)

Except for those contracts initially procured pursuant to paragraph (c) above, contracts for commodities or contractual services may be renewed for no more than two (2) years or for a period no longer than the term of the original contract, whichever period is longer. Renewal of a contract for commodities or contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. If the commodities or contractual services are purchased as a result of the solicitation of bids or proposals, the cost of any contemplated renewals shall be included in the invitation to bid or request for proposals. Renewals shall be conditioned upon satisfactory performance evaluations by the department and the purchasing office. Contracts procured pursuant to paragraph (c) may be renewed as deemed necessary for city operations.

(j)

For requests for proposals, a selection team of at least three (3) employees who have experience and knowledge in the program areas and service requirements for which contractual services are sought shall be designated by the city manager, or a designee, to aid in the evaluation of contractors.

(k)

No purchase shall be made unless budgeted funds are available in an appropriate account, or unless the purchase is approved subject to budget amendment. It shall not be required to state the funding source in the resolution or motion approving the purchase. Any purchase contract for a period in excess of one (1) fiscal year shall be subject to annual appropriation by the city commission and each such contract shall include a provision to that effect.

(l)

The city manager, or designee, is authorized to establish regulations implementing the requirements of this article. Nothing in this article shall affect the validity or effect of any contract in existence on August 8, 2000.

(m)

Any mandatory state or federal law requirements applicable to the city's purchase of commodities or contractual services shall prevail over the provisions of this article to the extent of any conflict.

(n)

Sealed bids or proposals received by the city pursuant to invitations to bid or requests for proposals are exempt from F.S. § 119.07(1), and Article I, Section 24(a) of the State Constitution for ten (10) days after bid or proposal opening unless an award decision is made sooner.

(o)

Withdrawal of bids; cancellation of awards. Withdrawal of inadvertently erroneous bids before award, shall be permitted under the following circumstances: a bidder alleging a material mistake of fact may withdraw its bid before bid award when there is reasonable proof provided by the bidder that a mistake was made and the intended bid cannot be ascertained with reasonable certainty. A bidder may not withdraw a bid for errors in judgment. If a bidder is permitted to withdraw its bid before award for a mistake of fact, no action shall be taken against the bidder or the bid security. Any bidder that withdraws its bid before bid award for errors in judgment or after bid award for mistakes of fact or errors in judgment shall forfeit its bid security to the city.

(Ord. No. 452, § 4, 8-8-00; Ord. No. 452-10-A, § 3 3-23-10; Ord. No. 452-15-A, § 2, 1-27-15; Ord. No. 452-15-B, § 2, 6-9-15; Ord. No. 452-18-A, § 4, 9-26-18)