HomeMy WebLinkAboutCity of Tamarac Ordinance O-2020-004 Temp. Ord. #2424
February 5, 2020
Page 1 of 10
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2020- ()O /
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 6 OF THE CITY'S
CODE OF ORDINANCES, ENTITLED "FINANCE AND TAXATION",
SPECIFICALLY AMENDING ARTICLE V, ENTITLED "TAMARAC
PROCUREMENT CODE", BY UPDATING AND MODERNIZING
EXISTING PROCUREMENT MEANS AND METHODS; CREATING A
VETERANS PREFERENCE; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac, in response to the November
2010 amendment to the City Charter, adopted a new Procurement Code in 2012 to address form,
functionality and operational best practices for procurement in the City; and
WHEREAS, the City continues to seek to ensure that all goods and services utilized by
the City are procured through an open, fair and competitive process; and
WHEREAS, the City's professional staff has reviewed the best practices related to local
government procurement and has recommended updates to the Procurement Code to update and
modernize procurement means and methods to be utilized for the competitive procurement of
goods and services; and
WHEREAS, the City also recognizes the significant positive impact armed forces
veterans have on the local community and as such the City Commission has determined that a
veteran's business preference will incentivize continued investment by veterans into the Tamarac
community; and
Page 1 of 10
Temp. Ord. #2424
February 5, 2020
Page 2 of 10
WHEREAS, the City Commission of the City of Tamarac has determined that amending
the Tamarac Procurement Code to update and modernize procurement means and methods to be
utilized for the competitive procurement of goods and services and to include a veterans business
preference is in the best interests of the individual and corporate citizens of the City of Tamarac.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC,FLORIDA,THAT:
Section 1: The foregoing WHEREAS clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
Section 2: The City Commission of the City of Tamarac hereby amends Chapter 6 of
the City's Code of Ordinances, entitled "Finance and Taxation", specifically amending portions
of Article V, entitled"Tamarac Procurement Code":
Section 3: Section 6-146 entitled, "Methods of source selection" is hereby amended
by amending subsection 6-146(b)which shall read as follows:
(b) Selection advisory committee. There is hereby established a selection advisory committee
(SAC) for the purpose of evaluating firms who express interest in contracting with the city
for professional services for projects subject to the requirements of the Consultants'
Competitive Negotiations Act, F.S. § 287.055, as may be amended from time to time.
(1) The SAC members shall be comprised of:
a. the purchasing and contracts manager or their designee, who shall facilitate the
committee process, and be a non-voting member;
b. two (2) members shall be appointed by the City Manager or their designee from a list
of recommendations to the purchasing and contracts manager received from the director
of using department;
c. two (2) members shall be appointed by the City Manager or their designee from a list
of recommendations to the purchasing and contracts manager received from the director
of public services;
d. one (1) member shall be appointed by the City Manager or their designee from a list of
recommendations to the purchasing and contracts manager received from the director of
financial services;
Page 2 of 10
Temp. Ord. #2424
February 5, 2020
Page 3 of 10
Should the using department be the public services or financial services, then the the City
Manager or their designee shall make the appointment of the two (2) members for the using
department in addition to the regular department appointment(s) from a list of
recommendations to the purchasing and contracts manager received from using department.
Should there be no using department, as defined in section 6-143 of the City Code, then
there will be no using department SAC members for the evaluation process and the SAC
will consist of three (3) voting members and one (1) non voting member.
(2) All meetings of the SAC shall be subject to and held in conformity with the
requirements of the Florida Sunshine law, as may be amended.
(3) All minutes of the meetings of the SAC shall be promptly recorded and the records
shall be open to public inspection in accordance with the provisions of Florida's Public
Records laws, as may be amended.
(4) Selection procedure.
a. The SAC shall evaluate the statements of qualifications submitted by all proposers,
shall conduct discussions with, and may require presentations by no fewer than
three firms regarding their qualifications, approach to the project, and ability to
furnish the required services; however, if less than three (3) proposals are received,
the SAC may interview those firms submitting responses. All expenses, including
travel expenses for interview, incurred in the preparation of the proposal shall be
borne by the proposer. After presentations and interviews have been completed, the
SAC shall rank all responses and determine the response that is most advantageous
to the city.
b. The ranking of firms shall be based on the SAC's ability to differentiate
qualifications applicable to the scope and nature of the request for proposals. Such
determination shall be based on, but not necessarily be limited to:
1. The proposer's demonstrated understanding of the city's requirements and
plans for meeting those requirements;
2. The professional qualifications, related experience and adequacy of the
personnel assigned to the project;
3. The prior experience and references of the proposer;
4. The prior experience, if any, that the proposer has had with the City of
Tamarac.
5. All other statutory requirements of the Consultants' Competitive Negotiation
Act as applicable to the specific procurement, including whether the firm is a
certified minority business enterprise as defined by the Florida Small and
Minority Business Assistance Act of 1985.
c. Upon reaching consensus on the recommendation by the SAC, the city shall
negotiate with the number one ranked firm, and upon completion of negotiations,
shall make a recommendation to the city commission for contract award. If
Page 3 of 10
Temp. Ord. #2424
February 5, 2020
Page 4 of 10
negotiations are not successful with the number one ranked firm, the city shall
negotiate with the next highest ranked firm.
Section 4: Section 6-146.1 entitled, "Local business preference" is hereby amended as
follows:
Sec. 6-146.1. Local business and veteran's preference.
(A)For the purpose of this section, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Broward County certified small business vendor. A Broward County certified small business
entity must be certified by the Broward County Office of Economic and Small Business
Development, and provide proof of such certification to the city as part of any solicitation
response. The entity must show that it has maintained a permanent place of business with full-
time employees within the Broward County limits for a minimum of one year prior to the date of
issuance of a bid or proposal solicitation. The permanent place of business may not be a post
office box. The business location must actually distribute goods or services from that location. In
addition, the business must have a current business tax receipt from the Broward County or the
city within Broward County where the business resides.
Local Tamarac vendor. A business entity which has maintained a permanent place of
business with full-time employees within the city limits for a minimum of one year prior to the
date of issuance of a bid or proposal solicitation. The permanent place of business may not be a
post office box. The business location must actually distribute goods or services from that
location. In addition, the business must have a current business tax receipt from the city.
Veteran, as defined in 38 CFR § 74.1, as amended, is a person who served on active duty
with the U.S. Army, Air Force, Navy, Marine Corps or Coast Guard, for any length of time and
at any place and who was discharged or released under conditions other than dishonorable.
Reservists or members of the National Guard called to federal active duty or disabled from a
disease or injury incurred or aggravated in line of duty or while in training status also qualify as a
veteran.
Veteran-owned small business (VOSB), as specified in 38 CFR § 74.1, as amended, is a
business that is not less than fifty-one (51) percent owned by one or more veterans, or in the case
of any publicly owned business, not less than fifty-one (51) percent of the stock of which is
owned by one or more veterans; the management and daily business operations of which are
controlled by one or more veterans and qualifies as "small" for federal business size standard
purposes. When used in this article, the term "VOSB" includes service-disabled veteran-owned
small business, as that term is specified in 38 CFR § 74.1, as amended.
(B)Process.
(1) Competitive sealed bid.
Page 4 of 10
Temp. Ord. #2424
February 5, 2020
Page 5 of 10
(a) For bid evaluation purposes, vendors that meet the definition of local Tamarac
vendor, as defined herein, shall be given a five (5) percent evaluation credit. This
shall mean that if a responsive and responsible local Tamarac vendor submits a
bid/quote that is within five (5) percent of the lowest price submitted by any
responsive and responsible vendor, the local Tamarac vendor shall have an option to
submit a best and final offer (BAFO) which is at least one (1) percent lower than the
lowest bid/quote. If the local Tamarac vendor submits a bid which is at least one (1)
percent lower than that lowest responsive bid/quote, then the award will go to the
local Tamarac vendor. If not, the award will be made to the responsible vendor that
submits the lowest responsive bid/quote. If the lowest responsive and responsible
bidder is a local Tamarac vendor, the award will be made to that vendor and no other
bidders will be given an opportunity to submit additional bids as described herein.
(b) For bid evaluation purposes, vendors that meet the definition of Broward
County certified small business vendor, as detailed herein, shall be given a two and
one-half (2.5) percent evaluation credit. This shall mean that if a responsive and
responsible Broward County certified small business vendor submits a bid/quote that
is within two and one-half (2.5) percent of the lowest price submitted by any
responsive and responsible vendor, the Broward County certified small business
vendor shall have an option to submit a BAFO which is at least one (1)percent lower
than the lowest bid/quote. If the Broward County certified small business vendor
submits a bid which is at least one (1) percent lower than that lowest responsive
bid/quote, then the award will go to the Broward County certified small business
vendor. If not, the award will be made to the responsible vendor that submits the
lowest responsive bid/quote. If the lowest responsive and responsible bidder is a local
Tamarac vendor, the award will be made to that vendor and no other bidders will be
given an opportunity to submit additional bids as described herein.
(c) For bid evaluation purposes, vendors that meet the definition of VOSB, as
defined herein, shall be given a two and one-half(2.5) percent evaluation credit. This
shall mean that if a responsive and responsible VOSB vendor submits a bid/quote that
is within two and one-half (2.5) percent of the lowest price submitted by any
responsive and responsible vendor, the VOSB shall have an option to submit a best
and final offer (BAFO) which is at least one (1) percent lower than the lowest
bid/quote. If the VOSB vendor submits a bid which is at least one (1) percent lower
than that lowest responsive bid/quote, then the award will go to the VOSB. If not, the
award will be made to the responsible vendor that submits the lowest responsive
bid/quote. If the lowest responsive and responsible bidder is a VOSB, the award will
be made to that vendor and no other bidders will be given an opportunity to submit
additional bids as described herein.
Page 5 of 10
Temp. Ord. #2424
February 5, 2020
Page 6 of 10
(2) If there is a local Tamarac vendor, a Broward County certified small business
vendor, and a VOSB vendor participating in the same bid solicitation and each vendor
qualifies to submit a second bid as detailed above, the local Tamarac vendor will be
given first option, then Broward County certified small business vendor the next
option, and the VOSB the final option. If the local Tamarac vendor cannot beat the
pricing for the lowest, responsive bid received by at least one (1) percent, an
opportunity will be given to the Broward County certified small business vendor. If
the Broward County certified small business vendor cannot beat the pricing for the
lowest, responsive bid received by at least one (1) percent, an opportunity will be
given to the VOSB. If the VOSB cannot beat the pricing for the lowest, responsive
bid by at least one (1) percent, then the bid will be awarded to the lowest, responsive
and responsible bidder regardless of vendor preferences set forth in this Section.
(3) If multiple local Tamarac vendors submit bids/quotes which are within five (5)
percent of the lowest, responsive bid/quote, then all responsible, responsive vendors
will be asked to submit a BAFO. The award will be made to the local Tamarac
vendor submitting the lowest BAFO providing that that BAFO is at least one (1)
percent lower than the lowest bid/quote received in the original solicitation. If no
local Tamarac vendor can beat the pricing for the lowest, responsive bid/quote by at
least one (1) percent, then the process will be repeated with all responsible Broward
County certified small business vendors who have submitted a responsive bid/quote
which is within two and one-half (2.5) percent of the lowest bid/quote. If no local
Tamarac vendor and no Broward County certified small business vendor can submit a
BAFO that is at least one (1) percent lower than the lowest bid/quote submitted in the
original solicitation, then the process will be repeated with all responsible VOSB
vendors who have submitted a responsive bid/quote which is within two and one-half
(2.5)percent of the lowest bid/quote. If no local Tamarac vendor, no Broward County
certified small business vendor, and no VOSB vendor can submit a BAFO that is at
least one (1) percent lower than the lowest bid/quote submitted in the original
solicitation, then the award will be made to the lowest, responsive and responsible
bidder regardless vendor preferences set forth in this Section.
(C) Competitive sealed proposals (request for proposals). For evaluation purposes, local
Tamarac vendor, Broward County certified small business vendor, and VOSB shall be a criterion
for award in any request for proposal unless specifically exempted by the city manager or the
city commission. A vendor located outside of the city limits is considered equivalent to a
Tamarac vendor and accorded the same preference if its proposal includes the utilization of
subcontracts of at least ten (10) percent of the scope of work provided for in the proposal for
identifiable and verifiable local Tamarac vendor(s) as defined herein.
Page 6 of 10
Temp. Ord. #2424
February 5, 2020
Page 7 of 10
(D) A vendor may only claim one preference, a vendor claiming to be a local Tamarac
vendor, or Broward County certified small business vendor, or VOSB cannot also claim another
local preference. The vendor seeking the local business and veteran's preference has the burden
to show that it qualifies for the preference, to the satisfaction of the city. Any vendor that
qualifies or fails to qualify as a local Tamarac vendor, a Broward County certified small business
vendor, or VOSB vendor may not protest any competitive solicitation solely on the basis of
qualifying or failing to qualify as a local Tamarac vendor, a Broward County certified small
business vendor, or VOSB vendor.
(E) Exceptions.
(1) No preference set forth in this Section will be included in any competitive solicitation
where the city is the lead agency for the Southeast Florida Cooperative Purchasing Group
or other recognized consortium or cooperative group to which the city may be a member;
(2) Utilization of a state or other agency contract;
(3) State or federal law prohibits the use of local preference;
(4) The work is funded in whole or in part by a governmental entity where the laws,
rules, regulations or policies prohibit the use of local preferences;
(5) Sole source or single source purchases;
(6) The vendor is either non-responsive or non-responsible;
(7) All bids submitted exceed the budget amount for the project;
(8) Emergency purchases;
(9) The city manager and/or the city commission may exempt any competitive
solicitation from the local business and veteran's preference at any point prior to award of
contract by the city commission. The city manager and/or the city commission shall not
exercise this exemption in an arbitrary or capricious manner.
Section 5: Section 6-151 entitled, "Types of contracts and contract administration" is
hereby amended as follows:
(a) General. Firm fixed price contracting is the preferred method; however, any type of
contract which will promote the best interests of the city may be used; provided that the use
of a cost-plus-a-percentage-of-cost contract is prohibited. A cost-reimbursement contract
may be used only when a determination is made in writing that such contract is likely to be
less costly to the city than any other type or that it is impracticable to obtain the supplies,
services, or construction required except under such a contract.
Page 7 of 10
Temp. Ord. #2424
February 5, 2020
Page 8 of 10
(b) Multi year contracts.
(1) Specked period Unless otherwise provided by law, a contract for supplies or services
may be entered into for any period of time deemed to be in the best interests of the city
provided the term of the contract and conditions of renewal or extension, if any, are
included in the solicitation and funds are available for the first fiscal period at the time
of contracting. Payment and performance obligations for succeeding fiscal periods shall
be subject to the availability and appropriation of funds for such contract.
(2) Use. A multi-year contract is authorized where:
a. Estimated requirements cover the period of the contract and are reasonably firm
and continuing; and
b. Such a contract will serve the best interests of the city by encouraging effective
competition or otherwise promoting efficiencies in city procurement.
(3) Cancellation due to unavailability of funds in succeeding fiscal periods. When funds
are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, the contract shall be cancelled and the
contractor shall be paid for any work, supplies or services already delivered under the
contract.
(c) Contract administration. The purchasing and contracts manager officer shall establish
operational procedures to maintain a contract administration system designed to ensure that
a contractor is performing in accordance with the solicitation requirements for which the
contract was awarded and the terms and conditions of the contract.
(d) Contingent contracts. The use of contingent contracts is prohibited.
(e) Cancellation due to non-performance.
(1). Applicability. This section applies to contracts, procured by the Purchasing and
Contracts Division, between the City and a person or entity which provide for termination of the
contract by the City for cause and/or for convenience.
(2). Authority.
a. The City Manager upon consultation with the City's Purchasing and Contracts
Manager shall have the authority to terminate a contract for cause, in the event
of a breach by the contractor, or for convenience, if in the best interest of the
City.
b. Nothing in this ordinance shall be construed to restrict the City Manager upon
consultation with the City's Purchasing and Contracts Manager from
simultaneously making a determination to terminate a contract under this
section and suspending or debarring a contractor.
Page 8 of 10
Temp. Ord. #2424
February 5, 2020
Page 9 of 10
(3). Notice of Decision. A copy of any decision under this section shall be furnished in
writing to the contractor.
(4). Finality of Decision. Any decision under this section shall be final and conclusive
upon the contractor.
(5). Other Remedies. Nothing in this section shall limit the City from pursuing other
legal or contractual rights or remedies against a contractor.
(6). The Contract documents may provide Contract cancellation or Contractor
termination procedures that are different from, or in addition to, those provided in this Section. If
a Contract contains a cancellation or termination clause, that clause rather than this Section shall
determine the respective rights and responsibilities of the parties in the event of cancellation or
termination.
Section 6: CODIFICATION. The provisions of this Ordinance shall be codified as
and become and be made a part of the City of Tamarac Code of Ordinances. The Sections of this
Ordinance may be renumbered or relettered to accomplish such intention and the word
"Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate
word. The Code codifier is granted liberal authority to codify the provisions of this Ordinance.
Section 7: IMPLEMENTING ADMINISTRATIVE ACTIONS. The City
Manager, or designees, shall have the power and authority to implement the provisions of this
Ordinance by taking appropriate administrative actions to include, but not be limited to, the
promulgation of appropriate administrative rules and forms.
Section 8: SAVINGS. The prior actions of the City of Tamarac relating to the
imposition and administration of impact fees and any and all related matters and processes, are
hereby ratified and affirmed.
Section 9: CONFLICTS. To the extent of any conflict between any other City
regulations and ordinances and this Ordinance, this Ordinance shall be deemed to control.
Provided, however,that this Ordinance is not intended to amend or repeal any existing chapter or
regulation, unless expressly set forth in this Ordinance.
Page 9 of 10
Temp. Ord. #2424
February 5, 2020
Page 10 of 10
Section 10: SEVERABILITY. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereof
Section 11: EFFECTIVE DATE. This Ordinance shall become effective
immediately following its adoption.
iva -
PASSED, FIRST READING this DAY OF Y.G�'u� , 2020.
PASSED, SECOND READING this. :t4i DAY OF , 2020.
BY: < / / (( I7c
�_ c�
YOR MICHELL J?GOMEZ
T ST
��— RECORD OF COMMISSION VOTE: 1ST Reading
IF O N, CMC MAYOR GOMEZ cite-
ITY CLE DIST 1: V/M COMM. BOLTON r/ 7
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ
DIST 1: V/M COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO c�p�
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form
)47)4A,ly 1161A
SAMUEL S. GORE
l
CITY ATTORNE
Page 10 of 10