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R-00-1152•
•
CITY OF CLERMONT
RESOLUTION
NO. 1152
C
A RESOLUTION OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
ADOPTING A COMMUNITY DEVELOPMENT BLOCK GRANT
PURCHASING POLICY
WHEREAS, the City Council of the City of Clermont in conjunction with the filing of a
Community Development Block Grant application with the Department of Community Affairs
finds it necessary to adopt a C.D.B.G. Purchasing Policy; and
WHEREAS, the City Council has examined the C.D.B.G. Purchasing Policy and found
that a C.D.B.G. Purchasing Policy is necessary; and
WHEREAS, the C.D.B.G. Purchasing Policy, is identified in Attachment "A", attached
hereto and by reference made a part hereof;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont,
Florida, that the C.D.B.G. Purchasing Policy as shown in Attachment "A", is hereby approved
and adopted.
THIS RESOLUTION shall take effect upon its passage and adoption in the manner
provided by law.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 22°d DAY OF AUGUST, 2000.
~~
Harold S. Turville, Jr., Mayor
Attest:
eph Van Zile, Cit erk
FrUG-16-00 12:14 PM FREDF@XENT 9@43484 F.03
Section 4.04 COMPETITIVE_SEALED $IDDTNG
• A. Conditions For Use. All contracts for purchases of a single item,
services or aggregate in excess of the established base amount for
Competitive Sealed Bide/Proposals in Section 4, where price, not
qualifications, is the basis for contract award, shall be awarded
by competitive sealed bidding.
B. Invitation to Bid. An invitation to bid shall be issued and shall
include specifications, all contractual teXme and conditions, and
the place, date, and time for opening or submittal. No later than
five working days prior to the date for receipts of bids, a vendor
shall make a written request to the City for interpretations or
corrections of any ambiguity, inconsistency or error which the
vendor may discover. All interpretations or corrections will be
issued as addenda. The City will not be responsible for oral
clarifications. No negotiations, decisions or actions shall be
initiated yr executed by the proposer as a result of any
discussions with any City employee prior to the opening of
proposals. Only those communications which are in writing from the
City may be considered as a duly authorized expression on the
behalf of the Council. Also, only communications from firms or
individuals which are in writing and signed will be recognized by
the Council as duly authorized expressions on behalf
of proposers.
(1) Alternate (s1. Alternate bids will not be considered unless
authorized by and defined in thv Special Conditions of the
bid specifications.
(2) Anproyed Equivalents. The City reserves the right to
determine acceptance of item{s) as an approved equivalent.
side which do not comply with stated requirements for
equivalents in the bid conditions are subject to rejection.
Ths procedure for acceptance of equivalents shall be included
in the general conditions of the bid.
C. Public Notice. Public notice shall be by publication in a
newspaper of general circulation at least twelve (12j working days
prior to bid opening. Notice of the Invitation to Bid shall give
date, time, and place set forth for the submittal of proposals and
opening of bids.
D. Bid Opening. Bids shall be opened publicly. The Purchasing
Officer or his designee shall open the bids in the presence of one
or more witnesses at the time and place designated in the
Invitation to Bid. The amount of each bid, and other ouch
relevant information as may be deemed appropriate by the
Purchasing Officer together with the name of each bidder, and all
witnesses shall be recorded. The record (Bid Report) and each bid
shall be open to public inspection.
E. Hid Acceptance and Evaluation. Bids shall be unconditionally
acc.pted without alteration or correction, except as authorized in
this policy.
•
AU,G-16-00 12: 15 Pt'1 FR~FOXENT 90432484 P. 04
Bide shall be evaluated based on the requirements set forth in the
Invitation to Bid, which may include, but not be limited to
criteria to determine acceptability such as; inspection, testing,
quality, recycled or degradable materials content, workmanship,
delivery, and suitability for a particular purpose. Those
criteria that will effect the bid price and be considered in
evaluation for award shall be objectively measured, such as
discounts, transportation costs, and total or life cycle costs. No
criteria may be used in bid evaluation that are not set forth in
the Invitation to Bid, in regulations, or in this policy.
F. Bid Agenda Item. After evaluation, the purchasing Officer will
prepare a recommendation and shall place the item on the agenda of
the City Council.
G
G. -Correction or Withdrawal of Bids; Cancellation of Awards.
Correction or withdrawal of inadvertently erroneous bids before or
after award, yr cancellation of awards or contracts based on such
bide mistakes, shall be permitted where appropriate. Mistakes
diacovez'ed before bid opening may be modified or withdzawn by
written or telegraphic notice received in the office designated in
the invitation to Bid prior to the time set for bid opening. After
bid opening, corrections in bide shall be permitted only to the
extent that the bidder can show by clear and convincing evidence
that a mistake, of a non-judgemental character was made, the
nature of the mistake, and the bid Brice actually intended. After
bid opening, no changes in the bid price or other provisions of
bids prejudicial to the interest of the Gity or fair competition
shall be permitted. In lieu of bid correction, a low bidder
alleging a material mistake of fact may be permitted to withdraw
his bid if:
(1} the mistake ie clearly evident on the face of the bid
document but the intended correct bid is not similarly
evident; or
(2) the bidder submits evidence which clearly and convincingly
demonstrates that a mistake was made. All decisions to permit
the correction or withdrawal of bids or to cancel awards or
contracts based on bid mistakes shall be supported by a
written determination made by the Purchasing Officer.
K. Multi-Step Sealed Bidding. When it is considered impzactical to
initially prepare a purchase description to support an award based
on price, an invitation for bide may be issued requesting the
submission of unpriced offers to be followed by an invitation for
bids limited to those bidders whose offers have been determined to
be technically acceptable under the criteria set forth in the
first solicitation.
I. Award. The contract shall be awarded with reasonable promptness
to the lowest responsible and responsive bidder whose bid meets
the rvquiremarits and criteria set forth in the invitation to bid.
The City reserves the right to waive any informality in bids and
AU.G-16-00 12:16 Pt1 FR~FOXENT 9043484 P_ 05
to make an award in whole or in part when or both conditions are
in the best interest of the City of Clermont. Any requirement
which is waivered must be documented and•kept in the file.
(1) oti of ended d. The contract shall be awarded by
written notice. Every procurement of contractual services
shall be evidenced by a written agreement. Notice of intended
award, including rejection of some or all of bide received,
may be given by posting the bid tabulations where the bide
were opened, by telephone, by first class mail, yr by
certified United States mail, return receipt requested,
whichever is specified in bid solicitation. A vendor may
request, in their bid submittal, a copy of the tabulation
sheet to be mailed in a vendor provided, stamped self-
addreseed envelope for their record.
(2) Notice of Right to Protest. All notices of decision or
intended decisions shall contain the statements "Failure to
file a protest within the time prescribed in Section 4.08 of
the CDBG Furchasing Policy of the City of Clermont ohall,
constitute a waiver of proceedings under that section of this
policy.
•
J. Cancellation of Invitations for Bids. An invitation for bide or
other solicitation may be cancelled, or any or alI bids may be
rejected in whole or in part when it is in the be$t interests of
the City, as determined by the Council. Notice of cancellation
shall be sent to all businesses solicited. The notice shall
identify the solicitation, explain the reason for cancellation
and, where appropriate, explain that an opportunity will be given
to compete on any resolicitation or any future procurement of
similar items.
x. D~sc~ua 'fication of vendors For any specific bid, vendors may be
disqualified by the Purchasing Director, Purchasing Officer, for
the following reasonss
(1) Failure to respond to bid invitation three consecutive times
within the last eighteen (18) months period.
(2) Failure to update the information on file including address,
project or service, or business description.
(3) Failure to perform according to contract provisions.
(4) Conviction in a court of law of any criminal offense in
connection with the conduct of business.
(5) Clear and convincing evidence of a violation of any federal
or state anti-trust law based on the submission of bids or
proposals, or the awarding of contracts.
(6) Clear and convincir-q evidence that the vendor has attempted
to give a City employee a gratuity of any kind for the
purpose of influencing a recommendation or decision in
connection with any part of the City's purchasing activity.
(7) Failure to execute a Pub11c Entity Crimes Statement as
raquirad by Florida Statutes Chapter 287.133(3)(a).
(8) Other reasons deemed appropriate by the City.
•
AUG-16-00 12:16 Pt1 FR~FOXENT 9043484 P.06
Section x.05 COMPETITIVE SEALED PROPOSALS
• All contracts for purchases of a single item or services or aggregate
in excess of the established base amount for Competitive Sealed
BidslProposals in Section 4, where qualifications, not price, is the
basis for contract award, shall be awarded by competitive sealed
proposals. All contracts for the procurement of professional
architecture]., engineering, landscape architectural, and land surveying
services will be awarded according to the provisions of Section 4.052.
All other contracts required to be awarded by competitive sealed
proposals will be awarded according to the provisions of Section 4.052.
Section 4.051 PROFESSIONAL ARCHITECTURAL. ENGINEERI,~TG. L.j-NDSCAPS
~HITECTURAL, AND LAND SURVEYING SERVICES
A. public Announcements It is the policy of the City to publicly
announce all requirements far professional architectural,
engineering, landscape architectural, and land surveying services
and to negotiate such contracts on the basis of demonstrated
competence and qualifications at fair and reasonable prices. In
the procurement of such services, the City may require firms to
submit a statement of qualifications, performance data and other
related infoxznation for the performance of professional services.
•
(1} ,Scope of Project Rea~rements. Prior to submission of the
request for proposals for professional services ae an agenda
item for ~-pproval by the Council, the Purchasing Officer
shall submit to the City written project requirements
indicating the nature and scope of the professional services
needed, including but not limited to the following:
{a) the general purpose of the service or study;
(b) the objectives of the study or service;
(c) estimated poriod of time needed for the service or the
study; .
(d) the estimated cost of the service yr study;
(e) whether the proposed study or service would or would not
duplicate any prior or existing study or service;
{f) list of current contracts or prior services or studies
which are related to the proposed study or service;
(g) the desired qualifications, listed in order of
importance, of the person or firm applicable to the
scope and nature of the services requested.
{2) Distribution of Project Requirementsi The Purchasing Officer
shall distribute the written project requirements as agproved
by the City Council to all persons on the mailing list who
have indicated an interest in being considered for the
performance of Such professional services and to any
additional persons as the Purchasing Officer or using agency
deems desirable.
The written project requirements shall include a statement of
the relative importance of each of the requirements. The
project requirements shall be accompanied by an Invitation to
5
AIJG-16-00 12:11 Pf1 FREpFOXENT 90432484 P.07
such persona to submit an indication of interest in
performing the required services, and by notification of the
date and time when such indicativna of interest are due.
This date shall not be lase than fourteen calendar days from
the date of public notice when the Purchasing Officer shall
publish in at least one newspaper of wide general circulation
in the region.
(3) MQ~~cation Prohibition. After the publicized submission
time and date, indications of interest shall not be modified
or allowed to be modified in any manner except for correction
of clerical exrvra or other similar minor irregularities as
may be allowed by the Selection Committee (defined in Section
4.051B) prior to making its selection of those best qualified
to be formally interviewed.
(4) $guae of Exiatina Plans. There shall be no public notice
requirements or utilization of•the Selection process as
provided in this section for projects in which the City is
able to reuse existing plans from a prior project. Aowever,
public notice of any plane which are intended to be reused at
Some future time shall contain a statement which provides
that the plans are subject to reuse.
•
B. Selection Committee Membership and Evaluation, Depending on the
expected complexity and expense of the professional services to be
contracted, the City may determine whether a three member or five
member Selection committee will best Serve the needs of the
Council.
{1) Three Member Committee Composit,~on• Membership of a three-
member selection committee shall be appointed by the
City Council.
(2~ Five Member Committee Composition. Membership of a five
member selection committee shall be appointed by the
City Council.
(3) Selection Committee Ev~~uation. Only written responses of
et~atements of qualifications, performance data, and other
data received in the purchasing office by the publicized
submission time and date shall be evaluated.
Only those respondents who axe determined to be best
qualified based upon the evaluation of written responses and
selected far formal interview may submit additional data.
From among those persons evidencing, by timely submission of
written responses, an interest in performing the services the
Selection Committee shall:
(a) prepare an alphabetical list of those persona determined
by the selection Committee to be qualified, interested
and available; and
(b~ designate nv loss than three persons on the alphabetical
list considered by the Selection Committee to be best
AVG-16-00 12:17 PM FREDFOXENT 9043484 P.08
qualified to perform the work required.
. (4) Shortlistinq. The best qualified respondents shall be based
upon the Selection Committee's ability to diffezentiate
qualifications applicable to the scope and nature of the
services tv be performed. The Selection Committee shall
determine qualifications, interest and availability by
reviewing the written responses that express an interest in
preforming the services, and by conducting forma3 interviews
of nv less than three selected respondents that are
determined to be best qualified based upon the evaluation of
written responses. The determinations may be based upon, but
not limited to, the following considerations:
(a) competence, including technical educational and
training, experience in the kind of project to be
undertaken, availability of adequate personnel,
equipment and facilities, the extent of repeat business
of the persons, and where applicable, the relationship
of construction cost estimates by the person to actual
cost on previous projects;
(b) current work load;
(c) financial zeaponsibility;
(d) ability tv observe and advise whether plane and
specifications are being complied with, where
applicable;
(e) record of professional accomplishments;
(f) proximity to the project involved, if applicable;
(q) record of performance; and
{h) ability to design an approach and work plan to meet the
project requirements, where applicable.
(5) Interview and Council Approval. After conducting the formal
interviews, the Selection Committee shall list those
respondents interviewed in order of preference based upon the
con'aiderationa listed in subsection {4) above. The
respondents so listed shall be considered to be the moat
qualified and shall be listed in order of preference starting
at the top of the list. The list of best qualified persona
shall be forwarded to the Council for approval prior to
beginning contract negotiations. Negotiation sequence shall
be based on the order of preference.
C. Negotiation Staff. Contract negotiations shall be conducted by
the Purchasing Officer unless the Council President directs that
negotiations be conducted by a Negotiation Committee.
Negotiation. The Purchasing Officer or the Negotiation Committee
shall negotiate a contract with the firm considered to be the most
qualified to provide the services at compensation and upon terms
which the Purchasing Officer or the Negotiation Committee
determines to be fair and reasonable to the City. In making this
decision, the Purchasing Officer or the Negotiation Committee
shall takes into account the estimated value, the scope, the
•
AU,G'16-@0 12:18 PM FR~@XENT y0432~83 P_Hy
complexity, and the professional nature of the services to be
rendered. As a part of the negotiation, the Purchasing Officer oz
• the Negotiation Committee shall conduct a cyst analysis, including
evaluation of profit, based on a cost breakout by the firm of its
proposed price. Should the Purchasing Officer or the Negotiation
Committee be unable to negotiate a satisfactory contract with the
firm considered to be the moat qualified, negotiations with that
firm shall be formally terminated. The Purchasing Officer or the
Negotiation Committee shall then undertake negotiations with the
second most qualified firm. Failing sccord with the second most
qualified firm, the Purchasing Officer or the Negotiation
Committee shall formally terminate negotiations, and then shall
undertake negotiations with the third most qualified firm. Should
the Purchasing Officer or the Negotiation Committee be unable to
negotiate a satisfactory contract with any of the selected firms,
the Selection Committee shall select additional firms in order of
their competence and qualifications, and the Purchasingq Officer or
the Negotiation Committee shall continue negotiations in
accordance with this section until an agreement is reached or
until a determination has been made not to contract for services.
Section x.052 OTHER OMPETITIVE SEALED PROPOSALS tnon-287.055 services1
A. Conditions for Use. All contracts required by Section 5.05 to be
awarded by competitive sealed proposals that are not for the
procurement of professional architectural, engineering, landscape
architectural, and land surveying services, will be awarded
according to the provisions of this section.
• B. Consultant's Co~etitiye Neaotiation Act. Professional services
within the scope of the practice of architecture, professional
engineering, landscape architecture, or registered land surveying,
as defined under the Consultant's Competitive Negotiation Act
{Section 287.055, Florida Statutes), shall be secured under the
provisions of Section 4.051.
C. Council AD~roval. Proposals anticipated to exceed the threshold
established in Section 4 for Competitive sealed Proposals shalt be
approved by the City of Clermont prior to solicitation.
D. Public Notice. Adequate public notice of the Request for
Proposals shall be given in the came manner as provided in
subsection 4.04C of this policy for competitive sealed bidding.
E. Evaluation Factors. The Request for Proposals shall state the
relative importance of criteria outlined in the scope of services,
fee proposal, and other evaluation.
F. Proposal Cancellation or Postponement. The Purchasing Officer
may, prior to a proposal opening, elect to cancel or postpone the
date and/vr time for proposal opening or submission.
G. Revisions and Discussions with Resvonsible Offerors As provided
in the Request for Propooala, and under regulations promulgated by
AuG-16-©@ 12:19 PM FR~FOXENT 9@432484 P.10
the City Council of the City of Clermont, discussions may be
conducted with responsible offerors who submit proposals
determined to be qualified of being selected for award for the
purpose of clarification to assure full understanding of, and
responsiveness to, the solicitation requirements.
Offerors shall be accorded fair and equal treatment with respect
to any opportunity for discussion and revision of proposals, and
such revisions may be permitted after submissions and prior to
award for the purpose of obtaining the best and final offers. In
conducting discussions, there shall be no disclosure of any
information derived from proposals submitted by competing
offerors. The Purchasing Officer shall prepare a written summary
of the proposals and make written recommendation of award to the
City Council. As a part of the recommendation, the Purchasing
Officer shall conduct a coat analysis, including evaluation of
profit, based on a coat breakout by the firm of its proposed
price.
H. Award. Award shall be made by the Board of City Commissioners to
the lowest responsible offeror whose proposal is determined in
writing to be the most advantageous to the City of Clermont,
taking into consideration the evaluation factors set forth in the
Request for Proposals. No other factors or criteria shall be used
in the evaluation criteria that is not included in the Request for
Proposal.
Section 4.06 80LE SOURCE PURCHASES
A. Sole Source Certification. A contract may be awarded for a
supply, service, material, equipment or construction item{a)
without competition when the Purchasing Officer with the
concurrence of the City Manager, certifies in writing after
conducting a good faith review of available Qvurces, that theta is
only one available source for the required material, supply,
service equipment, or construction item(s). Such awards will be
made within the authorized procurement limits. When a purchase
exceeds five thousand dollars {55,000.00), the item will be placed
on the agenda for Council approval and clarification that the
vendor has been determined to be a sole source. When a purchase
exceeds {SZ5,000) it will require prior DCA approval.
B. 8dditional Purchases From Certified_Sole Source. The Purchasing
Officer may be authorized, after initial sole source
certification, to make additional purchases from a sole source
vendor for not less than one year or until such time a contrary
evidence is presented regarding sole source eligibility, whichever
period is leas.
motion d.07 COOPERATIVE PURCHASING
A. State Contract:. The Purchasing Officer is authorized to purchase
goods or services for any dollar amount from authorized vendors
listed on the respective state contracts of the Department of
General Services, subject otherwise to the requirements of this
•
AIJG-16-00 12:19 PM FR~FOXE~IT 9043484
policy.
P_ 11
. B. Other Governmental Units. The Purchasing Officer shall have the
authority to join with other units of government in cooperative
purchasing ventures when the best interest of the City would be
served thereby, and the same is in accordance with this policy and
with City and State Law.
Section 4.08 SID PROTEST
A. Righ to Protest. Any actual prospective
contractor who is aggrieved in connection
award of contract may protest to the City
shall seek resolution of their complaints
purchasing Officer and secondly with the
pzatestinq to the City Council.
bidder, offeror, or
with the solicitation or
Council. Pzotesters
initially with the
~ity Manager prior to
B. Filing a Protest. Any person who is effected adversely by the
decision or intended decision of the City shall file with the
Purchasing Officer a notice of protest in writing within 72 hours
after the posting of bid tabulation or after receipt of the notice
of intended decision and file a formal written protest within 10
calendar days after the data he/she filed the notice of protest.
Failure to file a notice of protest or failure to file a formal
written protest shall constitute a waiver of proceedings under
this Section. A written protest is filed with the city when it is
delivered to and received in the office of Purchasing Officer.
1. The notice of protest shall contain at a minimum: the name of
the bidder; the bidders address and phone number; the name of
the bidder's representative to whom notices may be sent; the
name and bid number of the solicitation; and a brief factual
summary of the basis of the protest.
Z. The formal written protest shall: identify the protestant and
the solicitation involved; include a plain, clear statement
of the gzvunds on which the protest is based; refer to the
statutes, laws, ordinances, or other legal authorities which
the protestant deems applicable to such grounds; and
specifically request the relief to which the protestant deems
himself entitled by application of such authorities to such
grounds.
3. The protestant shall mail a copy of the notice of protest and
the formal written protest to any person with whom he/she is
in dispute.
C. Settlement and Resolution, The Purchasing Officer shall, within
14 days of the formal written protest, attempt to resolve the
protest prior to any proceedings arising from the position.
Provided, however, if each settlement will have the effect of
dettrmininq a substantial interest of another party or buaineBe,
such settlement must be reached in the course of the proceedings
provided herein.
10
•
AUG-16-00 12:20 Pf4 FR~FOXENT 90432484 P. 12
D. Protest Proceedincls. If the protest cannot be resolved by mutual
• agreement, the Purchasing Officer shall conduct or designate
another to conduct a protest proceeding pursuant to the following
procedures:
•
(1) Prvteet Proceeding Procedures.
(a) The presiding officer shall give reasonable notice to
all substantially affected persons or businesses.
Otherwise petitions tv intervene will be considered on
their merits as received.
(b) At or prior to the gratest proceeding, the protestant
may submit any written or physical materials, objects,
statements, affidavits and arguments which he/she deems
relevant to the issues raised.
(c) In the proceeding, the protestant, or his representative
or counsel, may also make an oral presentation of his
evidence and arguments. However, neither direct nor
cross examination of witness shall be permitted,
although the presiding officer may make whatever
inquiries helehe deems pertinent to a determination of
the protest.
(d) The judicial rules of evidence shall not apply and the
residing officer shall base his/her decision on such
information given in the couzse of the proceeding upon
which reasonable prudent persona rely in the conduct of
their affairs.
{e) Within seven (7) working days of the conclusion of the
proceeding, the presiding officer shall render a
decision which sets forth the terms and conditions of
any settlement reached. Such decision of the presiding
officer shall be conclusive as to the recommendation to
the City Council.
(f) Any party may arrange for the proceedings to be
stenographically recorded and shall bear the expense of
such recording.
(2) Intervenor. The participation of intervenors shall be
governed by the terms of the order issued in response tv a
petition to intervene.
(3) Time Limits. The time limits in which protests must be filed
as provided herein may be altered by specific provisions in
the invitation for bids or request for proposals documents.
(4) Entitlement to Costs. In no case will the protesting bidder
or offeror be entitled to any costs incurred with the
solicitation, including bid preparation costs and attorney's
fees.
E. Stav of Procuzement During Pro~,asts. In the event of a timely
protest under Subsection A of this Section, the Purchasing Officer
shall not proceed further with the solicitation or award of the
contract until all administrative remedies have been exhausted or
unless the City Council makes tt determination that the award of a
11
AllG-16-@0 12:21 PM FR~F@XENT 9@432484 P_ 13
contract without delay is necessary to protect the substantial
interests of the City.
Section 4.09 CONTRACT CLAIMS
A. ~i~thority o~ the Purchasing Officer to Settle Bid Protests and
Contract Claims. The Purchasing Officer ie authorized to settle
any protest regarding the solicitation or award of a City
contract, or any claim arising out of the performance of a City
contract, prier to an appeal to the City Council or the
commencement of an action in a court of competent jurisdiction,
but may not settle any such protest or claim for consideration of
51,000.00 or greater in value without prior approval of the City
Council.
B. Decision of the PL~rchasina Officer. All claims by a contractor
against the City relating to a contract, except bid protests,
shall be submitted in writing to the Purchasing Officer for a
decision. The contractor may request a conference with th®
Purchasing Officer on the claim. Claims include, without
limitation, disputes arising under a contract, and those based
upon breach of contract, mistake, misrepresentation, or other
cause for contract modification or rescission.
C. ~jotice to the Contractor of ~h~urchaainq Officer's Decision
The decision of the Purchasing officer shall be promptly issued in
writing, and shall be immediately mailed or otherwise furnished to
the contractor. The decision shall state the reasons for the
. decision reached, and shall inform the contractor of his appeal
rights under Subsection D of this Section.
D. F'inali y of the Purchaeinq_Officer Decisions Contractor's Right to
eel. The Purchasing Officer's decision shall be final and
conclusive unless, within 10 calendar days from the date of
receipt of the decision, the contractor files a notice of appeal
with the City Council.
E. Failure to Render Timely Decision. If the Purchasing Officer does
not issue a written decision regarding any contract controversy
within fouzteen calendar days after receipt of a written request
for a final decision, or within such longer period as may be
agreed upon between the parties, then the aggrieved party may
proceed as if an adverse decision had been issued.
Section 4.10 REMEDIES FOR SOLICITATIONS OR AWARD5 IN VIOLATION OF LAW
A. Frier to Bid Onenincs o~ Closina Date for_~~ceipt o~_Proeosals. If
prior to the bid opening or the closing date for receipt of
propoe~als, the Purchasing Officer after consultation with the City
Attorney, determines that a solicitation is in violation of
federal, state, or local law or ordinance, then the solicitativn
shall be cancelled or revised to comply with applicable law.
Z2
s
AUG-16-00 12:21 PM FR~OXENT 90432484 P.14
H. Prior to Award. Xf after bid opening or the ciosinq date for
. receipt of proposals, but prior to the award contract, the
Purchasing Officer after consultation with the City Attorney,
determines that a solicitation or a proposed award of a contract
is in violation of federal, state, or municipal law or ordinance,
then the solicitation or proposed award shall be cancelled.
C. After A~r(}rd. If, after award, the purchasing Officer after
consultation with the City Attorney, determines that a
solicitation or award of a contract was in violation of applicable
law or ordinance, then:
{1) if the parson awarded the contract has not acted fraudulently
or in bad faith:
(a) the contract may be ratified and affirmed, provided it
is determined that dying so is in the beet interest of
the City; or
(b) the contract may be terminated and the person awarded
the contract shall be compensated for actual costs
reasonably incurred under the contract plus a reasonable
profit, but excluding attorney's fees, prior to
termination; yr
(2) if the person awarded the contract hoe acted fraudulently or
in bad faith the contract may be declared null and void or
voidable, if such action is in the best interests of the
City.
Section 5 CONTRACT ADMINISTRATION
Section 5.1 CONTRACT FROVISIONS
A. Standar Contract Clauses and Their Modification. The City after
consultation with the City Attorney, may establish standard
contract clauses for use in City contracts. However, the
Purchasing Officer may, upon consultation with the City Attorney,
vary any such standard contract clauses for any particular
contract.
B. Contract Clauses. All City contracts for supplies, services, and
construction shall include provisions necQSSary to define the
responsibilities and rights of the parties to the contract. The
Purchasing Officer after consultation with the City Attorney, may
propose provisfona appropriate for supply, service, or
construction contracts, addressing among others the following
subjects:
{1) the unilateral right of the City to order, in writing,
changes in the work within the scope of the contract;
(Z) the unilateral tight of the City to ord®r in writing
temporary stopping of the work or delaying performance that
doe• not alter the scope of the contract;
(3) variations occurring between estimated quantities or work in
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AUG-16-0@ 12:22 PM FR~OXENT 9@43 484 P.I5
contract and actual quantities;
(4) defective pricing;
• {5) time of performance and liquidated damages;
(6) specified excuses for delay or nonperformance;
(7} termination of the contract for default;
(.8) termination of the contract in whole oz in part for the
convenience of the City;
(9) suspension of work on a construction project ordered by the
City;
(10) site conditions differing from those indicated in the
contract, or ozdinarily encountered, except that a differing
site conditions clause need not be included in a contract;
(a) when the contract ie negotiated;
(b) when the contractor provides the site or design; or
(c) when th4 parties have otherwise agreed with respect to
the risk of differing site conditions;
(11) value engineering proposals;
(12) remedies;
{l3) access to records/retention records;
(14) environmental compliance; and
(15} prohibition against contingency fees.
(16) insurance to be provided by contractor coverlnq employee,
property damage, liability and other claims, with
requirements of eertificatea of insurance a»d cancellation
clauses.
(17) bonding requirements as set by the City Council.
(16) causes of and authorization for suspension of contract for
improper contractor activity.
• Section 5.2 PRICE ADJUSTMENTS
A. Metho ds of Price Adiuatment. Adjustments in price during the term
of a contract shall be computed in one oz more of the following
ways upon approval by the City:
(1) by agreement on a fixed price adjustment before commencement
of the pertinent performance or as soon thereafter as
pzacticable;
(2) by unit prices specified in the contract or subsequently
agreed upon;
(3} by Costs attributable to the events or situations under ouch
clauses with adjustment of profit or fee, all as specified in
the contract or subsequently agreed upon by the City;
(4) in such other manner as the contracting parties may mutually
agree; or
(5) in the absence of agreement by the parties, by a unilateral
determination by the City of the costs attributable to the
events or situations under such clauses with adjustment of
profit or fee as computed by the City, subject to the
provisions of this Section.
8. Cost or Prici~a Data Required. A contractor shall be required to
submit cost or pricing data if any adjustment in contract price is
subject to the provisions of this Section.
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Al;1G-16-00 12:22 PM FR~FOXENT 90432484 P. 16
Section 5.3 CHANGE ORDERSICONTRACT AMENDMENTS
• Change orders and contract amendments, which provide for the alteration
of the provisions of a contract may be approved by an appropriate
person based upon the dollar value of the change or amendment. The
purchasing categories thresholds designated in Sections 4.01 shall
govern the appropriate level of approval.
$oction 5.4 ASSIGNMENTS OF CONTRACTS
No agreement made pursuant to any section of this policy shall be
assigned yr sublet as a whole yr in part without the written consent of
the City nor shall the contractor assign any monies due or to become
due to the contractor hereunder without the previous written consent of
the City.
•
•
5ec~on 5.S RIGHT TO INSPECT PLANT
The City may, at its discretion, inspect the part of the plant or place
of business of a contractor or any subcontractor which is related to
the performance of any contract awarded, or to be awaz'ded, by the City.
The right expressed herein shall be included in all contracts or
subcontracts that involve the performance of any work or service
involving the City.
Section 6 RIGHTS OF CITY OUNCIL
Nothing in this policy shall be deemed to abrogate, annul, or limit the
right of the Council, in the best interests of the City, to reject all
bids received in response to a request, to determine in its sole
discretion the reaponsivenese and responsibility of any bidder, to
approve and authorize or to enter into any contract it deems necessary
and desirable for the public welfare, or to vary the requirements of
the Policy in any instance when desirable for public good.
Section 7 CITY PROCUREMENT RECORDS
A. Contract File. All determination$ and other written records
pertaining to the solicitation, award, or performance of a
contract shall be maintained for the City in a contract file.
B. ention Pr cur meat R cords. All procurement records shall
bs retained and disposed of by the City in accordance with records
retention guidelines and schedules established by the State of
Florida.
Section 8 SPECIFICATIONS
Section 8.1 MAX LMUM PRACTICABLE COMPETI~ON
All specifications shall be drafted to promote overall economy and
encourage competition in satisfying the City needs and shall not be
unduly restrictive. The policy applies to all specifications
including, but not limited to, those prepared for the City by
architects, engineers, de6igners, and draftsmen.
Section 8.2 USE OF BRAND NAME OR EQUIVALENT S ECIFICATIONS
A. Use. Brand name or equivalent specifications may be used when the
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AUG-16-00 12:23 PM FR~ OXENT 90432484 P_17
Gity determines that:
. (1) no oth®r design, performance, or qualified product list is
available;
(2} times dues not permit the preparation of another form of
purchase description, not including a brand name
specification;
(3) the nature of the product or the nature of the City
requirements makes use of a brand name or equivalent
specification suitable for the procurement; or
(4) use of brand name or equivalent specification is in the
City's best interest.
B. Designation of Several Brand Names. Brand name or equivalent
specifications shall a®ek to designate three, or as many .different
brands as are practicable, as "or equivalent" references and shall
further state the substantially equivalent products to those
designated may be considered for award.
C. Required Characteristics. The brand name or equivalent
specifications shall include a description of the particular
design, functional, or performance characteristics required.
D. Nonrestrictive Use of Srand Name or Equivalent Specifications.
Where a brand name or equivalent specification is used in a
solicitation, the solicitation shall contain explanatory language
that the use of a brand name is for the purpose of describing the
standard of quality, performance, and characteristics desired and
is not intended to limit or restrict competition.
E. Determination of Equivalents Any prospective bidder may apply,
in writing, for a pre-bid determination of equivalence by the
Purchasing Director. If sufficient information is provided by the
prospective bidder, the Purchasing Director may determine, in
writing and prior to the bid opening time, that the proposed
product would be equivalent to the brand name used in the
solicitation.
F.
proposing
the manuf
and model
purposes
Section $.3
tions of Equivalents required for Bid submittal. Vendors
equivalent products must include in their bid submittal
acturer's sgecificationa for those products. Brand names
numbers are used for identification and reference
only.
BRAND NAME SPECIFICATIONS
A. IJae_of Srand Name Specifications. Since the use of a brand name
specification is restrictive of product competition, it may be
used only when the Purchasing Director makes a determination that
only the identified brand name item or items will satisfy the City
needs.
H. CQg{petition. The Purchasing Director shall seek to identify
sources from which the designated brand name item or items can be
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AUG-16-00 12:23 PM FREDFOXENT 90432484 P.18
obtained and shall solicit such sources to achieve whatever degree
of price competition ie practicable. If only one e~aurce can
supply the requirement, the procurement shall be made under
Section 4.10, Sole Source Purchases.
U
action 9 ETHICS IN PUBLIC CONTRACTING
Section 9.1 CRIMINAL PENALTIES
To the extent that violations of the ethical standards of conduct set
forth in this section constitute violations of the State Criminal Cade
they shall be punishable ae provided therein. such penalties shall be
in addition to civil sanctions set forth in this part.
Section 9.2 EMPLOYEE CONFLICT OF INTEREST
A. Participation. It shall be unethical for any City employee,
officer or agent to participate directly or indirectly in a
procurement or administration of a contract. A conflict of
interest would arise when:
(1} the City employee, officer or agent;
(2} any member of his immediate family;
(3) his or her partner; or
(4} an organization which employs, or is about to employ, any of
the above, has a financial or other interest in the firm
selected far award. The officers, employees or agents will
neither solicit nor accept gratuities, favozs or anything of
monetary value from contractors, potential contractors, or
parties to subagreements.
B. Blind Trust. A City employee, officer or agent oX any member of
their family wha holds a financial interest in a disclosed blind
trust shall not be deemed to have a conflict of interest with
regard to matters pertaining to that financial interest.
Section 9.3 CONTEMPORANEOUS EMPLOYMENT PROHIBITED
It shall be unethical for any City employee who is participating
directly or indirectly in the procurement process to become or to be,
while such a City employee, the employee of any person Contracting with
the City of Clermont.
Section 9,4 USE QF CONFIDENTIAL INFORMATION
It shall ba unethical for any employee knowingly to use confidential
information for actual or anticipated personal gain, or for the actual
or anticipated personal gain of any other person.
Section 9.S GRATUITIES AND XICI(BACKS
A. Gratnitiea. It shall be unethical for any person to offer, give,
or agree to give any City employee, officer oz agent or any City
employee, officer or agent to solicit, demand, accept, or agree to
accept from another person, a gratuity or an offer of employment
in connection with any decision, approval, disapproval,
rocommendation, or preparation of any part of a program
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AUG-16-0@ 12:24 PM FR~F@XENT 9@4324$4 P.19
requirement or a purchase request, influencing the content of any
specification or procurement standard rendering of advise,
investigation, auditing, or performing in any other advisory
capacity in any proceeding or application, request for ruling,
determination, claim or controversy, or other particular matter,
subcontract, or to any solicitation or proposal therefor.
B. Kickbacks. It shall be unethical for any payment, gratuity, or
offer of employment to be made by or behalf of a subcontractor
under a contract to the prime contractor or higher tier
subcontractor or any person associated therewith, ae an inducement
for the award of a subcontract oz order.
C. Contract Clause. The prohibition against gratuities end kickbacks
prescribed in this section shall conspicuously set forth in every
contract and solicitation therefor.
Section ~.6 SANCTIONS
A. ~gloyee Sanctions Upon violation of the ethical standards by an
employee, officer or agent the City, or other appropriate
authority may:
{1) impose one or more appropriate disciplinary actions as
defined in the City Personnel Aules and regulations, up to
and including termination of employment; and
{Z) may request investigation and prosecution.
B. Non-employee Sanctions. The Council may impose any one or more of
the following sanctions on a non-employee for violation of the
ethical standards:
(1) written warnings;
(2} termination of contracts; or
(3) debarment or~suspension as provided in Section 15.
Section 9.7 RECOVERY OF VALUE TRANSFERRED pR RECEIVED IN
9~~ACH OF ETHICAL BTANDARDS
A. General Provisions. The value of anything being transferred or
received in breach of the ethical standards of this policy by a
City employee or non-employee may be recovered from both City
employee and non-employee.
8. Recoverv of Kickbacks by the City Clermont. Upon a showing
that a subcontractor made a kickback to a prime contractor or a
higher tier subcontractor in connection with the award of a
subcontract or order thereunder, it shall be conclusively presumed
that the amount thereof was includtd in the price of the
subcontract or order and ultimately borne by the City and will be
recoverable hereunder from the recipient. In addition, that
amount :say also be recovered from the subcontractor making such
kickback. Recovery from one offending party shall not preclude
recovery from other offending parties.
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AUG-16-@0 12:25 PM FR~FOXENT 9©432484 P'-2Q
Section 10 FEDERAL POLICY NOTICE
• Sectj',o~r 10.1 PAT~N2S
If a contract involving research and development, experimental, or
demonstration work is being funded in whole yr in part by assistance
from a federal agency, then the contract shall include the following
provisions:
A. Notice To Contractor. The contract shall give notice to the
contractor of the applicable grantor agency requirements and
regulations concerning reporting of, and xi,ghts to, any discovery
or invention arising out of the contract.
B. ~lotice By Contractor. The contract shall require the contractor
to include a similar prevision in all subcontracts involving
research end development, experimental, or demonstration work.
Section 10.2 NOTICE OF FEDERAL_PUHLIC POLICY REQUIREMENTS
A. Applicability. If the contract is being funded in whole or in
part by assistance from any federal agency, the contract is
subject to one or more federal public policy requirements such as:
(1) equal employment opportunity;
(2) affirmative action;
(3) fair labor standards;
(4j energy conservation;
(5) environmental protection; or
(b) other similar socio-economic programs.
B. Not ce. Ths Purchasing Director shall includo in the contract all
appropriate provisions giving the contractor notice of these
requirements. Where applicable, the Purchasing Director shall
include in the contract provisions the requirement that the
contractor give similar notice to all of its subcontractors.
Section 11 PAY NT TO VENDORS
All payment to vendors shall also in accordance with the amended
"Prompt Payment Act", Chapter 89-297, Florida Statutes.
Section 12 MZ QRITY BUSINESS ENTERPRISE PARTICIPATION PROGRAM
A. ~urnoee an ~coDe. The purpose of the Minority Business
Enterprise Program is to enhance the participation of qualified
minority and women-owned businesses in providing goods and
services and construction contracts required by the City
Council. This program describes procedures to accomplish this
purpose and to monitor and evaluate progress. All Department and
Di,visivna under the jurisdiction of the City Council are
responsible for implementing this program.
B. Folicv Statement
(1) It i9 the policy goal of the City that two percent (2~) of
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the Council approved procurement as contained with both
operating and capital improvement budgets (exclusive of in-
. house services and construction} shall be identified and let
through the competitive bid process to minority and women
businesses or persons. The program is based on an in-depth
evaluation of all actual ae well as projected procurement
(CIPs, equipment, commodities and services} and on the
availability of minority and women owned businesses in the
market place. Procurement identified to establish a base for
this program are not limited to those items only. This
evaluation is the main factor in building a realistic program
with attainable targets.
(2) All department and divisions under the jurisdiction of the
City Board of Council Persons are responsible for
implementing this program and for making every reasonable
effort to utilize MBEs and WBEs when opportunities are
available. The Purchasing Officer will take the lead role in
this process by taking active steps to encourage minority or
women owned businesses. (3) Regarding the implementation of
this policy, it is the Council's intent to foster economic
development in the City's area by establishing its MHE goals
based on availability of minority and women-owned businesses
located within the City. This is no way intended to limit or
restrict competition. Rather, availability of area companies
will be used to guide MBE goals. Such geographical
preference may be adjusted, amended or repealed by the City
Council, with or without a public hearing, as deemed
necessary.
• C. De inition. Minority Business Enterprise (MBE} as used herein,
means a business that is owned and controlled at least 51$ by one
or more minority persons (MBE) or by one or more women (WEB} and
whose management and daily operations are controlled by one or
mare such persons.
D. Administrative Responsibilities. The Purchasing Officer is
responsible for the coordination of the Minority Business
Enterprise Program and registration.
(I} Capital Improvement Projects
(a) Review
The Purchasing Officer and an appropriate department
representative shall review each proposed project or bid to
determine potential for utilization of MHE/WBEs and report
their finds to the City Council. This review is based on
known availability of cagable MBE/WBEs in the area in
relation to the scope of the bid package and considers how a
project might be broken down into sub-bide.
(b) Pre-Bid Activity
{1) Language regarding the Minority Business Enterprise
Program will be inserted into bid specifications to
20
AllG-16-@0 12:26 PM FREDFOXENT 9@43284 P.22
assure that prospective bidders are aware of a
requirement to make goad faith efforts to utilize
• .MBE/WBEs.
{2) Registered MBE/WBEs, the Minority Contractors
Association and other organizations far minority
and women owned businesses will be notified in
writing regarding pre-bid conferences where
information on project scope and specifications
will be presented, along with ether types of
technical assistance.
(3) Available plans and specification will be to
MBE/WBE associations along with any special
instructions on how to pursue bide.
(4} Majority (prime} contractors on a bid list will be
sent a letter outlining the Minority Business
Enterprise program procedures, the supportive
documentation required for submittal with their
bid, and n list of MBE/WBE contractors on the bid
list.
(5} No contractor will be awarded a bid until the
contractor has provided specific detailed
documentation on how MBE/WBEs will be utilized, and
such a plan is approved by the City Council.
(6) The MBE/WBE participation plan for a specific
project and the contractor commitment to carry out
the program will becom® a part of the contract
awarded by the City. Failure to keep these
commitments will be deemed noncompliance with the
contract and may result in a breach of contract.
• {2) Contractor R$~nonaibilities
(a~ Contractors must indicate all MBE/WBEs, contracted for
quotes regarding a particular scope of work and submit a
completed "YntQnt to Perform" sheet containing
information and documentation obtained from each
MBE/WBEs.
(b} A contractor who determines that a MBE/WBEs, names in
the bid submittal, is unavailable or cannot perform,
will request approval from the Purchasing Officer to
name an acceptable alternate. Such requests will be
approved when adequate documentation of caua~e for the
change is presented by the contractor.
(c) A contractor's MBE/WBE plan will utilize MBE/WBEs to
perform commercially useful functions in the work bid. A
MBE/WBE is performing a commercially useful function
when it is responsible for the management and
performance of a distinct element of the total work.
{d} Contractors are required to make good faith efforts to
obtain MeE/i~BE participation when so stipulated by bid
specifications and/or contract.. If these efforts are
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A~~G-16-0@ 12:26 PM FREDF@XENT 9@4328484 P.23
• •
unsuccessful, the contractor will submit a non-
availability or refusal to participate and will request
waiver of M8E/WBE participation.
(e) The contractor who is the successful bidder will attend
pre-construction conferences with appropriate City
representatives to review the project scope and the
M8E/WBE utilization plan.
(f) The contractor who is the successful bidder must request
a change order for any modification to the MBE/WHE plan.
Change orders require Council approval and are
contingent on contractor documentation of MHE/WBE
involvement in the change requested and documentation of
cause for the change.
(3) ~E/WBE Contractor's Res~ongibilitiea
(a) MBBe/WBEs must register with the Purchasing Officer in
order to participatie in the Minority Business
Enterprise Program.
(b} MBEs/WBEs should attend pre-construction conferences to
obtain information and technical assistance on projects
and bid procedures in which they (MBEs/WBEs) have
submitted bids.
(4) point Venture Res„poneibilities
. (a} All joint ventures between minority and non-minority
contractors must meet the "joint venture" definition
included in this policy.
(b} The use by MBE/WBEs or prime contractors of "minority
fronts" or other fraudulent practices which subvert the
true meaning and spirit of the Minority Business
Enterprise Program, will not be tolerated and may result
in termination of participation.
(c} A joint venture consisting of minority and non-minority
business enterprises will be credited with MBE/WBE
participation on the basis of the percentages of the
dollar amount of the work to be performed by the
MBE/WBEs.
(d) Contracts subfect to this policy shall contain
provisions stating that liquidated damages may be
assessed agai.net the general contractor and/or the
MBE/WBE firm for violations of this golicy on MBE/WBE
specifications in the contract(s). Such liquidated
damage pzovisions shall be in a form approved by the
Council.
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AUG-16-0@ 12:27 PM FREDF0XEFIT 9@4?2~484 P-24
. •
$. Fulfilling MBEIWBE Particip~ ion Requirements
For the purpose of this policy, a general contractor may utilize
• the services of a MBE/WBE subcontractor, manufacturer, and/or
supplier in estimating and satisfying th® scope of work, provided
that written contract/agreement is executed between the general
contractor and the subcontractor, manufacturer, and/or the
supplier.
F. Payment
(l) Payment will be expedited by the City Council within thirty
(30) days upon completion and acceptance of the project.
Special consideration may be given to hardship cases upon
notification by MBEs/WBEs.
(2) The City will provide work progress payments to all
businesses at the completion and subsequent acceptance by
Council representatives within various stages of a particular
project.
G. ~Iavier of Bid Bond Requirements
The Cauncil may, at its discretion, waive any of the requirements
of this Section when it is determined to be in the best interest
of the City.
H. Bid List
A bid list for the purpose of bid solicitations shall be
maintained by the City. The list shall consist of firms that
apply.
(1) The City may remove firma from the bid list for any of the
following reasons:
(a) consistent failure tv respond to bid invitations {three
(3) consecutive instances) within the last eighteen
month period; or
(b) tailors to update the information on file including
address, product or service description or business
description.
(2) The Council may remove firma from the bid list for the
following reasons:
(a) failure to perform according to contract provisions;
(b) conviction in a court of law of any criminal offense in
connection with the conduct of business.
(c) clear and convincing evidence of a violation of any
federal or state anti-trust law based on the submission
of bids or proposals or the awarding of contracts.
(d) clear and convincing evidence that the vendor has
attempted tv give a Council employee, officer or agent a
gratuity of any kind for the purpose of influencing a
reeonunendntion or d~ci4iorl in connection with any part
of the City Council purchasing activity;
23
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