§ 2-139. Formal contract procedure.

All items required by section 2-137 to the subject of competitive bidding shall be purchased by formal, written contract from the lowest fully responsible bidder.

(a)

Advertisement for bids required; amount. Except as otherwise provided in this division or in the charter, when any goods, supplies, materials or contractual services for city purposes or use shall be purchased when the bid process is determined by the purchasing officer to be the purchasing format to be followed, notice thereof shall be advertised at least two (2) times in a daily newspaper of general circulation within Broward County, calling for sealed bids upon the work to be done under the proposed contract. The first such notice shall be published at least ten (10) days prior to the bid opening date. The second such notice shall be published no sooner than five (5) days after the initial notice publication and at least five (5) days prior to the bid opening date.

(b)

Bid bond/proposal bond. When deemed necessary by the purchasing officer, bid or proposal bonds shall be prescribed in the public notice inviting bids or proposals. Unsuccessful bidders shall be entitled to return of surety where the purchasing officer has required such. A successful bidder shall forfeit any surety required by the purchasing officer upon failure of bidder to enter a contract within ten (10) days after the award.

(c)

Bid opening procedure.

(1)

Sealed. Bids shall be submitted sealed to the city clerk and shall be identified as bids on the envelope.

(2)

Opening. Bids shall be opened in public at the time and place stated in the public notice. Only the vendor name and dollar amount shall be announced. No vendors shall have access to any documentation contained within the sealed bids as this information is temporarily exempt pursuant to F.S. § 119.071. Said openings shall be witnessed by the city clerk or the city clerk's designee and the purchasing officer or the purchasing officer's designee.

(3)

Tabulation. A tabulation of all bids received shall be posted or otherwise available for public inspection.

(4)

Late receipt. Late bids shall not be opened.

(5)

Signature. Failure to properly sign bids shall invalidate them, and they may not be considered.

(6)

Copies to city clerk. The bids opened shall contain a copy to be filed in the city clerk's office.

(d)

Rejection of bids. The purchasing officer or the user department director shall have the authority to recommend to the city commission the rejection of all bids, parts of all bids, or all bids for any one (1) or more supplies or contractual services included in the proposed contract when the public interest will be served thereby. The purchasing officer shall not accept or process in any way the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the city, or who has been designated a disqualified bidder.

(e)

Incomplete bid. The city commission has the right to reject all or any bids or parts of bids for any one (1) or more supplies or contractual services included in the proposed contract when the public interest will be served thereby. In the event that a bid or part of a bid is rejected, the commission may authorize negotiation of a price with the bidder at no substantial modification of the bid specifications.

(f)

Award of contract.

(1)

Authority of purchasing officer. The purchasing officer or the user department director shall have the authority to recommend award of contracts to the city commission for action. The purchasing officer shall post a written notice of intent to award indicating the recommendation to the city commission of which bidder is the lowest responsive/responsible bidder.

(2)

Lowest fully responsive and responsible bidder. Contracts shall be awarded to the lowest fully responsive and responsible bidder. In determining "lowest bidder," in addition to price, the purchasing officer may consider:

a.

The ability, capacity and skill of the bidder to perform the contract or provide the service required.

b.

Whether the bidder can perform the contract or provide the service promptly or within the time specified, without undue delay.

c.

The character, integrity, reputation, judgment, experience and efficiency of the bidder.

d.

The quality of previous performances by the bidder.

e.

The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.

f.

The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.

g.

The quality, availability and adaptability of the supplies or contractual services offered to the particular use required, including the availability of recycled materials.

h.

The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

i.

The number and scope of conditions attached to the bid.

(3)

Local vendor preference program. The city hereby establishes the following amended local vendor preference program to facilitate local business and/or local residents participating in the bidding process.

a.

This section shall not apply to professional services procured pursuant to the State of Florida consultants competitive Negotiations Act, nor to "cooperative" purchasing plans and proposals that the city participates in with other governmental agencies; nor to sole source or single source purchases; nor where 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 preference; nor where state or federal law prohibits the use of local preference; nor where the tier 1, tier 2, or tier 3 local vendor is either non-responsive or non-responsible; nor where all bids submitted exceed the budgeted amount for the project; nor for emergency purchases. The city manager and/or city commission may exempt any competitive solicitation, RFP or bid from the local vendor preference program.

b.

To qualify as a local vendor/bidder/supplier, an eligible bidder must satisfy the following criteria. The city has sole discretion in determining whether a business meets the criteria to qualify for a local business preference and reserves the right to revoke this preference at any time if the city determines the business no longer meets the criteria:

1.

Verify that its principal place of business is located in the City of Lauderhill and that the business has held a valid city business license for at least one (1) year prior to the date of application to qualify as a tier 1 or tier 2 local vendor; and

2.

Verify that the majority of its full-time employees, chief officers and managers have regularly conducted work and business in the city for at least one (1) year prior to the date of application to qualify as a tier 1 or tier 2 local vendor; and

3.

Verify that the business and/or residence has not had a history of non-performance, delinquent fees, liens, or code violations.

4.

Submit a community benefit plan for capital construction projects as part of the local vendor's responsive documents.

c.

Local vendor preference policy. In the award of bids and the determination of the lowest, best and responsible bidder, the city commission may award a preference based upon vendors, contractors or subcontractors who are local with a preference as follows. The application of this policy is within the discretion of the city commission:

Purchases and contracts within the authority of the city manager (valued up to sixty thousand dollars ($60,000.00)) may also give consideration to local vendor preference by application of the guidelines in this subsection.

1.

Submittal requirements. If a nonlocal proposer submits a bid or proposal that includes subcontractors that qualify for tier 1, tier 2 or tier 3 local vendor, in order to receive local preference consideration, the proposer must identify all local vendors that will be utilized as subcontractors, and delineate for each the specific elements of work each local vendor will be responsible for performing and the dollar value of work as a percentage of the total contract value.

2.

Conditions.

A.

A vendor/business can only qualify for one tier preference level.

B.

A vendor/business with outstanding liens, fines or violations with the City shall not be eligible to qualify for tier 1—3 status.

C.

A vendor/business that operates through a post office box shall not be eligible to qualify for tier 1—3.

3.

Process to apply the local vendor preference (LVP) to competitive bids (bids).

A.

Competitive bid tier 1 local vendor preference. When a responsive, responsible nonlocal business submits the lowest price bid, and the bid submitted by the tier 1 local vendor is within ten (10) percent of the lowest price submitted by any vendor, the tier 1 local vendor shall have an option to submit another bid to match the lowest responsive bid. If the tier 1 local vendor submits a bid that matches the lowest responsive bid, then the award will go to the tier 1 local vendor. If not, the award will be made to the vendor that submits the lowest responsive bid.

B.

Competitive bid tier 2 local vendor preference. When a responsive, responsible nonlocal business submits the lowest price bid, and the bid submitted by the tier 2 local vendor is within five (5) percent of the lowest price submitted by any vendor other than a tier 1 local vendor, the tier 2 local vendor shall have an option to submit another bid to match the lowest responsive bid. If the tier 2 local vendor submits a bid which matches that lowest responsive bid, then the award will go to the tier 2 local vendor. If not, the award will be made to the vendor that submits the lowest responsive bid.

C.

Competitive bid tier 3 local vendor preference. When a responsive, responsible nonlocal business submits the lowest price bid, and the bid submitted by the tier 3 local vendor is within two and half (2.5) percent of the lowest price submitted by any vendor other than a tier 1 and tier 2 local vendor, the tier 3 local vendor shall have an option to submit another bid to match the lowest responsive bid. If the tier 3 local vendor submits a bid which matches that lowest responsive hid, then the award will go to the tier 3 local vendor. If not, the award will be made to the vendor that submits the lowest responsive bid.

4.

Process to apply local vendor preference for requests for proposals (RFP). When evaluation points are used to evaluate through a solicitation, and when a nonlocal business is the highest ranked proposer, and the ranking of a local vendor is within ten (10) percent of the total 100 ranking points, then the city may elect to negotiate with the local vendor first.

5.

Process to apply the local vendor preference to competitive proposal (proposals). For contract awards based upon evaluation criteria pursuant to a point system, there shall be a local participation criterion to be included in the total 100 points to be awarded. The points shall be awarded as follows:

Tier 1 local vendor preference:	The firm will receive, through the evaluation process, a total of ten (10) points.
Tier 2 local vendor preference:	The firm will receive, through the evaluation process, a total of five (5) points.
Tier 3 local vendor preference:	The firm will receive, through the evaluation process, a total of two and one-half (2.5) points.

 

Total project dollar cost ($)	Total points awarded performed
Tier 1 local vendor	10
Tier 2 local vendor	5
Tier 3 local vendor	2.5

 

6.

Exemptions to tier 1 tier 2 and tier 3. The city will not count toward a proposer tier 1, tier 2 or tier 3 local vendor participation any portion or portions of the local vendor subcontractors work that is subcontracted back to as follows:

A.

The proposer either directly, or through any other company or firm owned or controlled by the proposer.

B.

Any nonlocal business.

C.

A tier 1, tier 2 or tier 3 local vendor shall not be permitted to subcontract all or a majority of the sub contractual portion of the work to another nonlocal business. A tier 1, tier 2 or tier 3 local vendor subcontractor shall be prohibited from engaging in a sub-contractual agreement with the intent of collecting a broker's fee or commission. A tier 1, tier 2 or tier 3 local vendor subcontractor shall also be prohibited from entering into a sub contractual agreement with a firm whose employees perform none of the direct labor or service activities specified in the contract.

D.

Participation by a tier 1, tier 2 or tier 3 local business shall not be considered and the tier 1, tier 2 or tier 3 local vendor shall be disqualified if the owner of the tier 1, tier 2 or tier 3 enters into an agreement with a nonlocal business with the intent of securing employment with that nonlocal business during the course of performing a city contract.

(4)

Award to other than low price bidder. When the award is not given to the bidder who bids the lowest price, a full and complete written statement of the reasons for placing the other elsewhere shall be prepared and submitted with the other papers relating to the transaction.

(5)

Tie bids.

a.

Local vendors. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder, and in the event of a tie bid by local vendors, the contract may be split when it is to the city's advantage.

b.

Outside vendors. Where subsection (f)(5)a is not in effect, the city commission may award the contract to any one (1) tie bidder or divide the contract between tie bidders when it is in the city's best interest.

(6)

Payment and performance bond. The purchasing officer shall have the authority to require a performance bond, before entering into a contract, in such amount as he/she shall find reasonably necessary to protect the best interest of the city.

(7)

Minimum compensation. In order to be eligible to contract to conduct business with the city, all contractors and subcontractors must comply with the minimum compensation requirement that all persons hired by, working for, or on behalf of them, must be paid a minimum wage compensation of ten dollars and ten cents ($10.10) per hour. This minimum compensation requirement applies for all procurement activities issued or posted by the city after October 1, 2014.

(g)

Prohibition against subdivision. No contract of purchase shall be subdivided to intentionally avoid the requirements of this section or of section 2-140.

(h)

Bidders list. The purchasing officer shall also solicit sealed bids from all reasonable prospective suppliers who have requested their names to be added to a "bidders list" which the purchasing officer shall maintain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase. In any case, invitations sent to the vendors on the bidders list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.

(i)

No bids received. If no bids for contractual services or supplies are received, the mayor or any employee designated by him/her may negotiate with any companies or firms which provide the services or supplies sought.

(Ord. No. 88-135, §§ 1, 2, 10-24-88; Ord. No. 90-181, § 1, 10-29-90; Ord. No. 91-112, § 1, 2-25-91; Ord. No. 96O-132, § 9, 8-26-96; Ord. No. 02O-09-163, § 1, 9-30-02; Ord. No. 05O-06-154, § 1, 6-27-05; Ord. No. 10O-05-130, § 1, 6-14-2010; Ord. No. 11O-12-178, § 1, 1-9-12; Ord. No. 14O-06-130, § 2, 7-14-14; Ord. No. 14O-09-149, § 1, 9-29-14; Ord. No. 17O-06-126, § 2, 7-10-2017)