§ 2-134. Definitions.

For the purpose of this division, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and directory.

Best and final offer (BAFO). In a competitive negotiation, the final proposal submitted after negotiations are completed that contains the proposer's most favorable terms for price, services and products to be delivered. Sometimes referred to as BAFO and utilized during the request for proposal method of procurement.

Bidder. A person or entity that timely submits a responsive/responsible bid.

Business day. Monday through Thursday, excluding city observed holidays, between the hours of 7:30 a.m. and 6:00 p.m.

Chief administrator. The city manager. `

Commission. The city commission.

Commodities. Goods that can be purchased from a manufacturer or its representative and which are purchased by the city in amounts exceeding the value for which bids are required to be solicited.

Community benefit plan means a plan that may be required for capital construction projects if it meets the feasibility threshold as established by policy. When a solicitation requires, its proposers must demonstrate and provide a proposed community benefit plan which has identifiable and observable community benefits for the community surrounding the project and the city. The benefits should include the approach for ensuring that both prime and subcontractors utilize local residents in every phase of the project of the city, community outreach, mentoring, training, apprenticeships, or any other types of identifiable ancillary benefits for the community. The city manager may only waive this requirement if the highly technical nature of the work makes the community benefit component unfeasible.

Construction manager-at-risk. A construction delivery process allowing the project owner to choose a construction manager who assumes the risk for construction, rehabilitation, or repair of a public facility at the contracted price as a general contractor and provides consultation to the city regarding construction during and after the design.

Contractual services. Include, without limitation, the purchase of insurance, printing, gas, electricity, fuel, towel and cleaning services; purchase, installation, rental, repair and maintenance of equipment and machinery, and other personal property, lease of real property and office space, and all other contractual supplies, materials, equipment and services not specifically excluded from the requirements of this division and shall include any franchise agreements entered into by the city.

Local vendors/bidder/supplier. Shall be divided into tier 1, tier 2 and tier 3 and shall be as defined below.

Lowest responsive/responsible bidder. The person or entity who has submitted a timely bid that conforms in all material respects to the invitation to bid and/or specifications and whose overall bid price, including all factors as well as cost to the city, is the lowest price for the project, as determined in the city's sole discretion.

Non-professional services. Janitorial and general maintenance service orders including those for fleet management, buildings and grass cutting. In addition, city printing services would be included in this category. Any prevailing wage project would not be considered a non-professional service.

Notice of intent to award. A written notice posted at city hall by the purchasing officer containing the recommendation to the city commission of which bidder is the lowest responsive/responsible bidder.

Protest committee. Shall consist of the city manager or his designee, the purchasing officer, and the user department director and said committee shall have the authority to review, settle and resolve all bid protests. The city manager shall serve as the chairperson of the committee. The city attorney, or his designee, shall be counsel to the committee.

Purchasing officer. The finance director of the city or his designee.

Request for proposal (or competitive sealed proposals). A written solicitation for competitive sealed proposals with the title, date and hour of deadline for submittal. The request for proposals is used when it is impractical for the agency to define a detailed scope of work. The request for proposal document is used to solicit proposals from potential providers for goods and services (offerors). Requests for proposals are evaluated on various criteria, which may or may not include price. When used as an evaluation factor, price may not be the primary evaluation factor, but the proposal document shall state the relative importance of price as well as any other evaluation criteria. Requests for proposal may be a single step or a multi-step process.

Resident. Shall mean a person who maintains their permanent homestead within the city limits of the City of Lauderhill. Proof of homestead, evidenced by the Broward County Property Appraisers, must be established at least one (1) year prior to the bid or proposal due date, and submitted with the response to the solicitation. A resident for purposes of this section must be actively involved in the business who is seeking to provide goods or services to the city and the resident must own at least fifty-one (51) percent of said business.

Supplies. Shall mean and include all supplies, materials and equipment.

Tier 1 local vendor. Shall mean a resident which has a valid homestead and the resident owns a business within the city limits with a valid business tax license issued by the city that authorizes the business to do business in the city and that authorizes the business to provide the goods, services or construction to be purchased. The valid business tax license shall have been issued by the city at least one (1) year prior to the bid or proposal due date, The business must have a physical address located within the city limits, post office boxes shall not be utilized for the purpose of establishing said physical address. Proof of business tax license must be submitted with response to the solicitation.

Tier 2 local vendor. Shall mean a business within the city limits that has a valid business tax license issued by the city that authorizes the business to do business in the city and that authorizes the business to provide the goods, services or construction to be purchased. The valid business tax license shall have been issued by the city at least one (1) year prior to the bid or proposal due date, the business must have a physical address located within the city limits. Post office boxes shall not be utilized for the purpose of establishing said physical address. Proof of business tax license must be submitted with response to the solicitation.

Tier 3 local vendor. Shall mean a resident who owns a business outside of the city limits. The valid business tax license shall have been issued at least one (1) year prior to the bid or proposal due date. Post office boxes shall not be utilized for the purpose of establishing said physical address. Proof of the business tax license must be submitted with response to the solicitation.

User department director. The director of the department for which the services or supplies are being contracted, who has requested that the purchasing officer conduct the procurement process, or his designee.

Using agency. Any department, board, committee, agency, commission, bureau or other unit in the city government using supplies or procuring contractual services which derive their support wholly or in part from city funds as provided in this division.

(Ord. No. 88-135, § 2, 10-24-88; Ord. No. 96O-132, § 6, 8-26-96; Ord. No. 02O-09-163, § 1, 9-30-02; Ord. No. 05O-06-154, § 1, 6-27-05; Ord. No. 14O-06-130, § 1, 7-14-14; Ord. No. 14O-09-149, § 1, 9-29-14)