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HomeMy WebLinkAboutOrdinance 2023-608ORDINANCE 2023 - ' ') AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 62-7 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "COMPETITIVE BIDDING PROCEDURE," ALLOWING THE USE AND SUBMISSION OF ELECTRONIC BIDS WHENEVER COMPETITIVE BIDDING IS REQUIRED; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, currently, responses to procurement solicitations issued by the City, such as invitation to bid ("ITBs") and requests for proposals ("RFPs"), are limited to the in-person submission of sealed envelopes, containing duplicate copies; and WHEREAS, the City has identified a key area to improve and streamline the City's bid submittal processes, through the use and submission of electronic bids in response to the City's procurement solicitations; and WHEREAS, the intent for the use of a sealed electronic bidding platform is to make it easier for suppliers, contractors, and consultants, to conduct business with the City, which may lead to increased competition amongst prospective bidders and potentially lower submission costs; and WHEREAS, the use of electronic bidding has become the preferred method for most governmental agencies -- out of 15 South Florida cities that responded to a procurement survey, Sunny Isles Beach and one other city are the only governmental entities not accepting electronic bids; and WHEREAS, the City Commission desires to amend Section 62-7 of the Code of Ordinances, to permit the use and submittal of electronic bids in response to the City's procurement solicitations; and WHEREAS, if electronic bids are authorized, the solicitation shall specify the submission method that prospective bidders may use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:' Section 1. Incorporation of Recitals. 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. 1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, deletions on first reading are shown as strikethrough and deletions on second reading are shown as double stpiket @BCL@E40B6869.docx Page 1 of 5 Section 2. Amending Section 62-7. Section 62-7 of the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled "Competitive bidding procedure," is amended as follows: § 62-7. Competitive bidding procedure. A. Purchases under $50,000.00. (1) Whenever competitive bidding is required by this chapter, the City Manager shall direct that bid proposals which provide specifications for the purchase or contract be prepared. (2) The City Manager shall solicit bids from at least three persons or entities engaged in the business of furnishing such materials, supplies, equipment and public improvements or rendering such services. (3) The City Manager may publish a public invitation to bid items under $50,000.00. (4) Bids shall be awarded to the lowest responsible and responsive bidder whose bid best serves the interests of and represents the best value to the City, in conformity with the criteria set forth in § 62-8 of the City Code, as determined by the City Commission and/or the City Manager, as the case may be, subject to the right of the City to reject any and all bids, to waive any irregularity in the bids or bidding procedures and subject also to the right of the City to award bids and contracts to bidders other than the low bidder. Price is only a factor in determining the lowest responsible and responsive bidder. Until a formal contract is executed, the City reserves the right to reject all bids. For purposes of this section, the term "lowest responsible and responsive bidder" is not the bidder with the lowest dollars and cents bid. The City Manager or the City Commission may select a bidder whose bid is not the lowest dollars and cents bid if the award is based on the criteria set forth in § 62-8 of the City Code. B. Purchases over $50,000.00. Bids for purchases over $50,000.00 shall be awarded to the lowest responsible and responsive bidder whose bid best serves the interests of and represents the best value to the City, in conformity with the criteria set forth in § 62-8 of the City Code. Price is only a factor in determining the lowest responsible and responsive bidder. For purposes of this section, the term "lowest responsible and responsive bidder" is not the bidder with the lowest dollars and cents bid. The City Manager or the City Commission may select a bidder whose bid is not the lowest dollars and cents bid if the award is based on the criteria set forth in § 62-8 of the City Code. These additional .requirements shall pertain: (1) Conditions for use. All contracts with the City in amounts over $50,000.00 shall be awarded by competitive sealed bidding except as otherwise provided in § 62-13, or as otherwise approved by City Commission. (2) Invitation for bids. An invitation for bids (including RFPs and RFQs) shall be issued and shall include specifications and all contractual terms and conditions applicable to the procurement. (3) Public notice. Public notice of the invitation for bids shall be given not less than 14 calendar days prior to the date set forth in the notice for the opening of bids. Such notice may be given by publication in a subscription newspaper of general circulation in the City. The notice shall state the place, date, and time of bid opening. Unless otherwise directed, sealed paper bids All bids shall be received in the City Ma rte Clerk's office on, or before, the date and time set forth in the notice. (4) Bids; bid opening. @BCL@E40B6869.docx Page 2 of 5 (a) Electronic bidding. Notwithstanding any provision in this section, the use and submission of electronic bids through the use of electronic bidding software, consistent with the requirements of Florida law, may be utilized by the Chief Purchasing Agent whenever competitive bidding is required by this chapter. (b) All bids submitted, including bids submitted electronically through an online bidding process, are subject to Florida's Public Records Act, as amended. (ac) Sealed paper bids submitted in lieu of electronic bids W44 must be initialed on the outside of the envelope by the person receiving the package, the time and date w+44 must be stamped on the envelope which should be marked "IMPORTANT, BID ENCLOSED." The bid package wimI4 must be held in a secure place until the scheduled time for the bid opening. (4ad) All 9bids shall be opened publicly, in the presence of one or more witnesses, at the time and place designated in the public notice of the invitation for bids. The amount of each bid and such other relevant information as the City Manager deems appropriate, together with the name of each bidder, shall be recorded. (5) Cancellation of invitations for bids or requests for proposals. An invitation for bids, or request for proposals, or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole, or in part, as may be specified in the solicitation, when it is in the best interests of the City. The reasons therefor shall be made part of the contract file. Each solicitation issued by the City shall state that the solicitation may be canceled and that any bid or proposal may be rejected, in whole or in part, in the best interests of the City. 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. (6) Correction or withdrawal of bids; cancellation of awards. In general, bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter. However, correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted, where appropriate. Mistakes discovered before bid opening may be modified, or the bid may be withdrawn by written or telegraphic notice received in the office designated in the invitation for bids prior to time set for bid opening. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the City, 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 its bid if: (a) The mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or (b) The bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids, orto cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the purchasing agent. (c) Notwithstanding the foregoing, the City Commission shall have the authority to waive any and all irregularities in any and all proposals. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed to the extent of such conflict. @13CL@E40B6869.docx Page 3 of 5 Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity, but shall remain in full force and effect. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 6. Effective Date. This Ordinance will become effective immediately upon adoption at second reading. PASSED AND ADOPTED on first reading this1ay of October 2023. PASSED AND ADOPTED on second reading this/ day of )\lovember 2023. Larisa Svechin, Mayor ATTEST: ; APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 6 Mauri io Betanc r, CMC, City Clerk A n E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney First Reading Motion: Second: Second Reading Motion: O��G a `p Second: &4k .�C-. Vote on First Reading: Mayor Svechin (Yes) (No) Vice Mayor Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra ,/ (Yes) (No) @BCL@E40B6869.docx Page 4 of 5 Vote on Second Reading: Mayor Svechin Vice Mayor Joseph Commissioner Lama Commissioner Stuyvesant Commissioner Viscarra @BCL@E40B6869.docx Page 5 of 5 (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) @BCL@E40B6869.docx Page 5 of 5 TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Stan Morris, City Manager Genesis Cuevas, Purchasing Manager November 16, 2023 Amendment to Chapter 62 a€" Allowing the Electronic Submission of Bids RECOMMENDATION: Staff recommends adoption of this Ordinance. REASONS: See attached memorandum. ATTACHMENTS: Memorandum Ordinance Item Number: 9.13 O C/TY OF SUN PNO City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 305.947.0606 si bf Lnet MEMORANDUM Larisa Schevin, Mayor Jeniffer Viscarra, Vice Mayor Jerry Joseph, Commissioner Alex Lama, Commissioner Fabiola Stuyvesant, Commissioner Stan Morris, City Manager Mauricio Betancur, City Clerk TO: Stan Morris, City Manager FROM: Genesis Cuevas, Purchasing Manager DATE: October 19, 2023 RE: Amendment to Chapter 62 — Allowing the Electronic Submission of Bids Procurement Departments/Divisions have the opportunity and the responsibility to deliver strategic value for their public entity. Procurement has identified a key area to improve our procurement process(es). As such, Procurement is recommending streamlining its bidding process(es) by utilizing an option offered by our Electronic Bidding Platform (DemandStar). The City seeks to amend its procurement code to allow for the implementation of receiving electronic bid(s)/proposal(s). The city utilizes Demandstar.com, one of the primary electronic bidding platform(s) used by Government Agencies to broadcast their solicitations to hundreds of registered vendors within their community. Although the solicitations (ITBs/RFPs) are posted on DemandStar, sealed bids/proposals must be submitted in-person to the City's Clerks office no later than said date and time. Bids/Proposals received after the deadline are rejected, as part of the City's fair and impartial procurement procedures. The use of the on-line bidding tool offered by Demand Star.com makes it easier for suppliers to do business with government and can lead to increased competition and potentially lower contractors submission cost. Allowing contractors to submit their bids/proposals online, without the requirement to print one (1) original and three (3) sets of their bids and deliver them to Government Center before the deadline will better serve the needs and expectations of interested suppliers. If e -bidding is authorized, the confidentiality of the bid's contents will be preserved until the bid opening sunshine meeting. The sunshine bid opening meetings are usually held in the 15Y Floor Conference Room of Government Center, as stated in the solicitation. As part of the bid documents, the public will be provided the date, time and location of the sunshine bid opening, where the names and the bid amount will be publicly read aloud for Invitation to Bids. The settings on Demandstar.com, will restrict the City from opening the bids prior to the sunshine meeting said time. Purchasing will be responsible for publicly opening the bids at the scheduled sunshine meeting. Per the City's Purchasing code, purchases in excess of $50,000, require a formal solicitation process with sealed bid submittals (with exceptions noted in §62-13) as set forth per Procurement Code of Ordinances §62-6. - Purchasing limitations; effect on competitive bidding requirement. Additionally, E -procurement has become the preferred method for most agencies, as evidenced by the chart below. It is estimated that state governments can save 5 to 20 percent of expenditures by improving procurement processes. With the approval of this recommendation, the highest importance will continue to be placed on spending taxpayer dollars responsibly in a manner that is transparent, efficient, accountable and fair. The City will only accept and consider bids/proposals submitted through DemandStar for any procurement solicitation, unless otherwise specified in the solicitation document, to keep the bid submission process uniform. DemandStar offers a free registration for vendors who can easily set up their account by commodity code. This allows vendors to receive notifications for relevant bids and opportunities that align with their products or services. Additionally, City Code § 62-7. (3) Competitive bidding procedure, requires an amendment. The City Manager's office does not receive bids, bids are received by the City Clerk's Office. As per best practices, bids submitted are addressed to and received by the City Clerk's office, the city's record keeper, and not the City Manager's office. Therefore, the purpose and intent of this additional amendment is to clear up any inconsistencies that were in the City of Sunny Isles Beach Procurement Code. In the event the city decides to allow paper -bids, the bids will be kept securely in the City Clerk's office until the public bid opening. Current Situation: §62-7 - Purchasing limitations; § 62-7. - Competitive bidding procedure. (3)Public notice. Public notice of the invitation for bids shall be given not less than 14 calendar days prior to the date set forth in the notice for the opening of bids. Such notice may be given by publication in a subscription newspaper of general circulation in the City. The notice shall state the place, date, and time of bid opening. All bids shall be received in the City Manager's office on, or before, the date and time set forth in the notice. (4) Bids; bid opening. (a) Sealed bids will be initialed on the outside of the envelope by the person receiving the package, the time and date will be stamped on the envelope which should be marked "IMPORTANT, BID ENCLOSED." The bid package will be held in a secure place until the scheduled time for the bid opening. Recommendation: §62-7 - Purchasing limitations; § 62-7. - Competitive bidding procedure. Coding: Words in strip type are deletions from the existing law; Words in underscore type are additions. ➢ Code Amendment Request: § 62-7. - Competitive bidding procedure. (3) Public notice. Public notice of the invitation for bids shall be given not less than 14 calendar days prior to the date set forth in the notice for the opening of bids. Such notice may be given by publication in a subscription newspaper of general circulation in the City. The notice shall state the place, date, and time of bid opening. Unless otherwise directed, sealed paper bids shall be received in the City Manag City Clerk's office on, or before, the date and time set forth in the notice. ➢ Code Amendment Request: (4) Bids; bid opening. Electronic bidding. Notwithstanding any provision in this section to the contrary, Purchasing may utilize an electronic procurement process, including electronic bidding software, consistent with the requirements of Florida law. All bids submitted electronically through an on-line bidding process are public information and subject to the State of Florida Public Records Act, as amended. Best Practices among other agencies: • City of Sunny Isles Beach e ❑X City of North Miami City of Aventura City of North Miami Beach City of Miami Gardens City of Dania Beach City of Hallandale Beach City of Fort Lauderdale FXI City of Hollywood FXI City of Miramar FA City of Plantation* City of Deerfield* nx City of Tamarac FXI City of Cooper City FXI City of Coral Springs * The Bid Bond is the only document these agencies accept as a hard copy. Recommendation: Based on the above analysis and research from neighboring agencies, Purchasing recommends allowing electronic bid submissions, in addition to hard -copy as deemed appropriate. Additionally, the amendment will also require submissions to the City Clerk's office, and not the City Manager's office.