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Agenda 09-18-251.Call to Order 2.Invocation 3.Pledge of Allegiance 4.Roll Call 5.Agenda Approval 6.Legal 7.Informational Items and Disclosures by Board Members and CRA Staff: 8.Public Comments Community Redevelopment Agency Board Meeting Thursday, September 18, 2025 - 5:30 PM City Hall Chambers, 100 E. Ocean Avenue and Online Meeting 561-737-3256 AGENDA SPECIAL JOINT MEETING OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (BBCRA) BOARD AND THE CITY OF BOYNTON BEACH COMMISSION A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda The public comment section of the meeting is for public comment on ALL items on the agenda or items that are not on the agenda. Each speaker will be given a total of three (3) minutes to comment on all items on the agenda; however, the Board retains the right to increase or decrease the three-minute limit prior to the start of public comment. Each public speaker shall be given the same number of minutes unless it becomes necessary to terminate a speaker ’s comments in order to maintain orderly conduct and proper decorum in the public meeting. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be 1 9.New Business A.Discussion and Consideration of a CRA Waterfront Plan B.Discussion and Consideration of Commercial Industrial Development and Land Acquisition Planning C.Discussion and Consideration of the City Procurement Policy D.Discussion and Consideration of the Executive Director Position 10.Future Agenda Items 11.Adjournment accommodated as required by the Americans with Disabilities Act. Prior to addressing the Board, speakers present at the meeting will go to the podium to make their comments and speakers participating virtually will unmute their device at the time requested. Speakers may be asked to state their name address for the record. Any person may provide written comment(s) to the Board prior to the Board meeting. NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. 2 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: September 18, 2025 NEW BUSINESS AGENDA ITEM 9.A SUBJECT: Discussion and Consideration of a CRA Waterfront Plan SUMMARY: At the September 9, 2025, CRA Board Meeting, the Boynton Beach CRA Board requested a Special Joint Meeting of the CRA Board and the City of Boynton Beach Commission to discuss a CRA waterfront plan. CRA BOARD OPTIONS: To be determined based on Board direction. 3 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: September 18, 2025 NEW BUSINESS AGENDA ITEM 9.B SUBJECT: Discussion and Consideration of Commercial Industrial Development and Land Acquisition Planning SUMMARY: At the September 9, 2025, CRA Board Meeting, the Boynton Beach CRA Board requested a Special Joint Meeting of the CRA Board and the City of Boynton Beach Commission to discuss commercial and industrial development and land acquisition planning in general. CRA BOARD OPTIONS: To be determined based on Board direction. 4 •Attachment I - COBB Purchasing Policy Manual COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: September 18, 2025 NEW BUSINESS AGENDA ITEM 9.C SUBJECT: Discussion and Consideration of the City Procurement Policy SUMMARY: At the September 9, 2025, CRA Board Meeting, the Boynton Beach CRA Board requested a Special Joint Meeting of the CRA Board and the City of Boynton Beach Commission to discuss the City's procurement policy as it relates to the CRA’s search for an executive director (see Attachment I). CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 5 City of Boynton Beach Boynton Beach, Florida PURCHASING POLICY MANUAL REVISED: August 6, 2025 6 Table of Contents I. INTRODUCTION .......................................................................................................................... 1 II. DUTIES AND RESPONSIBILITIES .............................................................................................. 2 III. DEFINITION OF PURCHASING TERMS ..................................................................................... 3 IV. EXCLUSIONS TO COMPETITIVE PROCESS .......................................................................... 12 V. PURCHASE REQUISITIONS ..................................................................................................... 13 VI. BLANKET PURCHASE ORDERS (BPO) ................................................................................... 16 VII. CHANGE ORDERS .................................................................................................................... 18 VIII. FORMAL BIDS ........................................................................................................................... 21 IX. ALTERNATIVES TO FORMAL SEALED BIDS .......................................................................... 26 X. REQUEST FOR PROPOSALS (RFP) ........................................................................................ 32 XI. CONTRACTING FOR PROFESSIONAL SERVICES (CCNA) ................................................... 35 XII. ERRORS & OMISSIONS POLICY ............................................................................................. 35 XIII. CONSTRUCTION CONTRACTS ............................................................................................... 41 XIV. PURCHASES AFTER A DECLARED EMERGENCY ................................................................ 44 XV. DEBARMENT & SUSPENSION ................................................................................................. 45 XVI. BID PROTESTS ......................................................................................................................... 46 XVII. TERMINATION FOR CONVENIENCE OR DEFAULT ............................................................... 48 XVIII. PROCEDURE FOR PETTY CASH ............................................................................................ 49 XIX. DISPOSITION OF SURPLUS AND OBSOLETE PROPERTY ................................................... 50 XX. LOCAL BUSINESS PREFERENCE ........................................................................................... 52 7 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 1 I. INTRODUCTION PURPOSE: As approved and codified in ARTICLE IV. PURCHASING AND CONSULTANTS Sec. 2-56.1 Exceptions to competitive bidding (b) The City Manager shall establish procurement policies on any purchase of personal property, commodities, services, or construction. The purpose of this Purchasing Manual ("Manual") is to set forth the City of Boynton Beach ("City") policies for the purchase of supplies, equipment, and services and provide for the fair and equitable treatment of all persons and entities involved in Purchasing by the City. The manual also aims to maximize the Purchasing value of public funds and provide safeguards for maintaining a Purchasing system of quality and integrity. This Manual provides the policies and procedures that frame the Purchasing of contractual services and commodities, beginning with the Purchasing policy, proceeding through contract document or purchase order preparation, contract administration, and eventually, contract closeout. The goal of the City is to get the best value for qualitative solicitations or the lowest price from a responsive, responsible bidder for the Purchasing of commodities and services conducted by fair and open competition and in accordance with all applicable Federal Statutes, Florida Statutes, Palm Beach County Code, and the City Charter and Code of Ordinances of the City of Boynton Beach. Processing Requirements and Approval Levels: Requirements for approvals of all construction and non-construction purchases are as follows (all purchasing levels in this Policy Manual refer to an annual City-wide spend per vendor or per construction project): Personal Property, Commodities, and Services (Non-Construction) - Bid Threshold $75,000 Total Purchase Amount Requisition Process Approval Level Total Purchase Less than $20,000** One Quotation Department Head* $20,000.01** to $75,000.00 Three Written Quotes City Manager* $75,000.01 & over per annum** Formal Bid City Commission Construction Projects - Bid Threshold $200,000 Total Purchase Amount Requisition Process Approval Level Total Purchase Less than $20,000 per project One Quotation Department Director* $20,000.01 to $199,999 per project Three Written Quotes City Manager* $200,000 or above per project Formal Bid Process City Commission *Or Designee—Note: Directors shall not sign any quotes from vendors that bind the City to any terms and conditions. ** Annual aggregate Citywide spend per vendor. 8 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 2 APPLICABILITY OF FLORIDA LAW. To qualify to do business with the City, vendors, contractors, suppliers, and professionals must agree that Florida law governs the provisions of their transactions with the City and that venue, in the event of arbitration or litigation, is Palm Beach County, Florida. Vendors must also agree to comply with Florida's scrutinized company, public records laws, and other statutorily required provisions. II. DUTIES AND RESPONSIBILITIES Members of the Procurement Services division ("Procurement Services") have a special responsibility of trust uniquely in public service. Procurement Services is responsible for the Purchasing of commodities and services, which will eventually result in the expenditure of City funds or, more importantly, the taxpayers' money. Procurement Services has the duty to assist departments with the Purchasing of necessary goods and services. All members of Procurement Services shall adhere to the following duties and responsibilities: 1. To assure that all Purchasing procedures are consistent with all applicable federal, state, and local laws and contractual obligations with other governmental entities. 2. To adhere to the Palm Beach County Ethics Code. 3. To regard public service as a trust and support the professional principles of governmental Purchasing. 4. To be guided in their actions by integrity and honor, to merit the respect and inspire the confidence of the City and the public which they serve. 5. To accept full responsibility and accountability for their actions related to the purchase and supply functions undertaken by them for the benefit of the City and the public. 6. To reject all gifts or other items of value from vendors. 7. To be courteous, considerate, and prompt and to conduct themselves professionally in all Purchasing dealings, including with their employers, employees, vendors, the media, and the public. 8. To procure goods and services seeking to obtain the maximum ultimate value for each dollar of expenditure. 9. To fully cooperate with all City departments in obtaining their needs to further the goals and policies set forth by the City in the City Charter and the City's Code of Ordinances. 10. To ensure the awarding of competitively bid purchases to the lowest responsive, responsible bidder. 11. To piggyback on other governmental contracts or join with other governmental entities in a cooperative. Purchasing shall determine when this methodology serves the best interests of the City. 12. To sell, trade, or otherwise dispose of surplus and obsolete personal property belonging to the City in accordance with the policy. 13. To strive consistently for knowledge and professionalism that will benefit Procurement Services and the City as a whole. 14. To avoid unscrupulous practices and misrepresentations; recognizing that mutually profitable business relations are based upon honest and fair dealings. 15. To prohibit political considerations or other outside influences from creating a bias towards their relationships with vendors or employees. 16. To maintain a good relationship with vendors and other governmental agencies in order to promote cooperation and consideration that will result in benefits to the City. 17. To ensure that in any contract entered into between the City and a vendor, minority business enterprises will be afforded full opportunity to submit bids in response to advertisement and that no vendor will be discriminated against on the grounds of race, color, religion, gender, sexual preference, or national origin in consideration for an 9 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 3 award. In addition to the staff of Procurement Services, each department within the City has a designated Purchasing Coordinator. This employee performs, or supervises, all related duties and responsibilities of the Purchasing function for their respective department. The Purchasing Division Director or Finance Director is responsible for city staff implementation of and compliance with the procedures set forth in this Manual. III. DEFINITION OF PURCHASING TERMS To define words and terms used throughout this Manual with the standardized meanings set forth below unless the context in which a term is used requires a different meaning or a different definition as prescribed for a particular section or portion of this Manual. Definitions: 1. Addenda - Written or graphic media issued prior to the opening of bids or proposals that clarify, correct, or change the solicitation documents or resulting Contract. 2. Alternates - Substitutes offered by a vendor when the specifications of materials being bid are different than the specifications set forth in the City's request for quotes, proposals, or bids. 3. Amendment - A method of changing the terms, conditions, or requirements of a Contract beyond what is specifically allowed by the Contract. All Amendments must be approved in the same manner as the original Contract and signed by the authorized representatives of the parties to the Contract. 4. Award - The acceptance of a Bid, offer, or proposal by the proper authority. The City Commission must approve all non-construction awards of $75,000, or more and all construction awards of $200,000, or more except for those purchases which are exempt from formal bidding procedures pursuant to the City's Code of Ordinances. However, all Contracts which require that the City indemnify another party require approval of the City Commission. 5. Apples to Apples – is a principle used in procurement to ensure that comparisons between suppliers or proposals are fair and meaningful. It's important to compare apples to apples because comparing things that are fundamentally different, or "apples to oranges", is not allowed. 6. Bid - Price quoted by a vendor for a commodity or service. 7. Bid Bond - A form of bid security executed by the bidding vendor as principal and by a surety to guarantee that the bidding vendor will enter into and satisfactorily complete the Contract within a specified time and furnish any required performance bond. 8. Bid Opening - In accordance with FS 255.0518, Bids shall be opened publicly to the public, during which sealed bids submitted by vendors for an advertised project are opened through the City’s e-bidding platform and publicly read and displayed. 10 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 4 9. Bid Tabulation Sheet - A form used to record price quotations from vendors for both sealed and informal bids. The bid tabulation can be electronically produced from the e-bidding platform utilized by the City. 10. Blanket Purchase Order - A Purchase Order that covers the non-repetitive purchase of supplies of a like nature in a minor amount for a stipulated period of time within the Fiscal Year (e.g., 12 months). These purchases should be sporadic in nature and not planned. A simplified procurement method for fulfilling the anticipated non-recurring needs for supplies or services through the award of competitive line-item contracts or discounts from a supplier’s/manufacturer’s catalog, usually through competition. BPOs are used to reduce the administrative expenses resulting from small, recurring requirements. An agreement to purchase goods from a specific supplier over a defined period, up to a maximum dollar amount. A blanket order generally includes established prices, terms, and conditions for a defined period of time, although without specifying quantities. 11. Blanket Purchase Agreement - A simplified procurement method for fulfilling the anticipated recurring and repetitive needs for supplies or services through the award of competitive line-item contracts or discounts from a supplier’s/manufacturer’s catalog, usually through competition. BPAs are used to reduce the administrative expenses resulting from small, recurring requirements. 12. Brand Name or Equal Specifications - A specification limited to one or more items by manufacturers' names or catalog numbers that describe the standard of quality, performance, or other prominent characteristics needed to meet City requirements. 13. Brand Name Specification - A specification limited to one or more items by manufacturers' names or catalogs. 14. Capital Improvement - Any project undertaken by the City, including, without limitation, construction, repair, or renovation, which involves any building, road, bridge, street, drainage facility, or similar facility or structure. 15. Capital Purchases - All tangible personal property having an original acquisition cost of $5,000 or more per unit, and a probable useful life expectancy of more than one year. This includes, without limitation, the capitalized purchase of any software. 16. Change Order - A written order amending a Purchase Order to correct errors, omissions, discrepancies, acceptable overruns, freight costs, unforeseen conditions, approved changes to the scope of work, or amendments to Contracts that require additional purchases or incur additional costs. 17. Commodities - Tangible personal property, including, without limitation, economic goods, equipment, material, and printing, purchased, leased, or otherwise contracted for by the City. 18. Competitive Bids or Competitive Offers - The receipt of Bids or offers submitted by 11 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 5 responsive, responsible, and qualified bidders or offerors. 19. Competitive Selection and Negotiation - A method of Purchasing whereby qualified professional firms are invited to submit Letters of Interest, Proposals, or Qualifications and are short-listed by an appropriately appointed review committee for further evaluation prior to recommending an Award. 20. Confidential Information - Any information which is available to an employee only because of the employee's status as an employee of the City of Boynton Beach and is not a matter of public knowledge or available to the public upon request. 21. Construction - The process of building, installing, removing, altering, repairing, improving, or demolishing any public structure or building or other public improvements of any kind to any public real property, which may require permitting to complete the construction project. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, facilities, or real property. 22. Construction Change Order - A written order authorized by the proper City authority in accordance with (Process for Change Orders), directing the Contractor to make changes that the "Change Order" clause of the construction Contract authorizes. Finance and Procurement Services must be immediately notified when a Construction Change Order is submitted. 23. Consultant's Competitive Negotiations Act (CCNA) - The common name for Section 287.055, Florida Statutes concerning the Purchasing of Architectural, Engineering (including testing), Landscape Architecture, and Registered Land Surveying Services. Purchasing of these services will be initiated by a Request for Qualifications process, and Competitive Selection and Negotiation will take place. 24. Contract - A binding and written agreement between the City and an outside party for the Purchasing of supplies or services requiring approval by the City Commission. 25. Contractor - Any person or business having a Contract with the City of Boynton Beach to perform a service or sell a product. 26. Consultant - A type of Contractor. 27. Cost Reimbursement Contract - A Contract under which a Contractor is reimbursed for costs which are allowable and allocable in accordance with the Contract terms and the provisions of this Manual, and a fee or profit, if any. 28. Contractual Services - The rendering of time and effort by a Contractor rather than the furnishing of specific commodities, materials, goods, equipment, and/or other personal property. The term applies only to those services rendered by individuals and firms who are independent contractors. 29. Consultant and Professional Services - Contracts for the service of professionals or consultants requiring specialty training in the arts or sciences and/or requiring holding professional licenses or certificates, including but not limited to the practice of 12 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 6 law, certified public accountants, or actuaries, management consulting, medicine, real estate appraisal, or other areas of expertise as determined by the city manager or designee to be in the best interest of the city, and not otherwise subject to the requirements of F.S. § 287.055, as amended, may be entered into without competitive bidding; however, qualifications, work history, and other relevant data shall be reviewed before entering into such contracts. 30. Cooperative Purchasing - A Purchasing process conducted by or on behalf of more than one governmental entity. 31. Debarment - A disqualification of a business or person from receiving invitations for Bids, Requests for Proposals, or the award of Contracts by the City, because of previous illegal or irresponsible action, for a specific period of time commensurate with the gravity of the offense or the failure or inadequacy of performance. 32. Declared Emergency - A declaration of emergency covering an area including the City of Boynton Beach made at the national, state, county, or City level necessary to respond to an Emergency. 33. Designee - A duly authorized representative of a person holding a superior, higher- level position. 34. Discount-From-List Contracts - Contracts whereby price is determined by applying a percentage discount from an Established Catalog Price. This type of Contract is only to be used when Procurement Services determines that this contracting methodology is in the best interest of the City. 35. Emergency or Urgent Purchase - A situation where regular procurement methods aren't feasible and immediate attention is required. Formal competitive bidding procedures are waived as reviewed by the Purchasing Division Director and approved by the City Manager. The City Manager may authorize an emergency or urgent purchase of up to $300K for commodities or services, including construction, where a clear and present threat to public health, property, welfare, safety, or other substantial loss to the city exists. After the emergency or urgent purchase takes place, the respective department shall present the total cost of the emergency or urgent purchase to the City Commission for approval if it exceeds the City Manager's approval thresholds. 36. ePurchasing (Electronic Purchasing) - Conducting all or some Purchasing functions electronically over the internet. ePurchasing processes require the submission of proposals or pricing for an Invitation to Bid through an electronic platform designated by the City. 37. Established Catalog Price - The price included in a catalog, price list, schedule, or other forms that: a. Is regularly maintained by a manufacturer or Contractor; b. Is either published or otherwise available for inspection by customers; and, c. States prices at which sales are currently or were last made to a significant 13 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 7 number of any categories of buyers or buyers constituting the buying public for the supplies or services involved. 38. Evaluation Committee - A committee established to evaluate proposals and conduct interviews and negotiations during the process of solicitation for a specific product or service. The Evaluation Committee is typically composed of representatives from the functional areas of expertise identified in the Scope of Work and may include a representative from Procurement Services. 39. Firm Fixed-Price Contract - A Contract whereby the price of the service or good is fixed, not variable, for the entire life of the Contract or until a set quantity of goods or services is delivered. 40. Firm Pricing - Prices that do not fluctuate for a set or an indefinite period of time, depending upon the terms of the Contract. 41. General Services - Includes support services performed by an independent contractor requiring specialized knowledge, experience, or expertise. The services rendered do not consist primarily of the acquisition of equipment or materials. Examples of General Services include, without limitation, janitorial, pest control, and maintenance of equipment. General Services are normally procured through Requests for Proposals or Invitations to Bid. The Purchasing of General Services may include subjective evaluation factors of the submitting firms. 42. General Services Administration (GSA) Contracts - Contracts entered into by the General Services Administration of the Federal Government (also known as GSA Schedules). GSA Contracts contain prices to be utilized by all Federal Government Agencies. GSA Contracts also contain the most preferred customer clause, making the prices contained in the GSA Contracts equivalent with those that are given to the most preferred customer of the vendor. 43. Governmental Agency - Any government or agency of the Federal, State, or any local government. 44. Invitation to Bid (ITB) - A written solicitation for competitive sealed Bids designating the title, date, and hour of the public Bid opening and specifically defining the Commodities or Contractual Service for which Bids are sought. The Invitation to Bid will be used when the City is capable of specifically defining the scope of work for which a Contractual Service is required or when the City is capable of establishing precise specifications for a Purchasing solicitation. 45. Letter of Interest (Request for) – A method of selecting a vendor whereby all vendors are invited to submit a summary of their qualifications and state their interest in performing a specific job or service. 46. Low Bidder – The vendor who submits the mathematically lowest price for a Purchasing solicitation. 47. Mandatory Bid Amount - The dollar threshold at which the formal Bid process is required. The Mandatory Bid Amount is currently $75,000 (non-construction) and 14 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 8 $200,000 (construction). The current known requirement of any commodity or service will not be divided to circumvent the requirement of the Mandatory Bid Amount. Special orders and warehouse-stocked items will continue to be ordered through the warehouse. 48. Minority Business Enterprises (MBE) - is a business or person in which more than 50% of the stock of the company is owned by a recognized minority group. Minority Businesses must be qualified through certification. 49. Multiple-Award Contracts - Contracts that provide awards to more than one vendor for the same item. The Purchasing staff may use these Contracts when determined that the use of more than one vendor is in the City's best interest. 50. Negotiations for Professional Services - The act of determining terms, conditions, and prices for the performance of Professional Services. 51. Notice of Award - The written notice by the City to the successful Bidder or offeror stating that upon compliance by the successful Bidder or offeror with the condition’s precedent to the Contract within the time specified, the City will sign and deliver the Contract. 52. Notice of Intent to Award - The written notice identifying the initial low bidder or the most advantageous proposer issued. The timeline for filing a protest will commence after releasing the notice of intent to award. 53. Notice to Proceed - The written notice issued by an authorized City employee to the successful bidder or proposer to proceed as directed. 54. Open-end Contract - A Contract whereby an indefinite quantity of supplies, services, or construction is to be procured over an identified time span on an as- needed basis. 55. Owner-Direct Purchase - A contract may be awarded for supplies or materials without competition where such supplies or materials are being procured by the City as an owner-direct purchase for incorporation into a public works project, the contract for which was previously awarded by the City, which prior award included the cost of such supplies and materials. In such event, the City shall procure the supplies or materials in accordance with Florida Statutes and regulations related to owner-direct purchases by governmental entities. 56. Payment/Performance/Construction Bond - A bond of a Contractor/vendor in which a surety guarantees to the City that the work/services will be performed in accordance with the Contract documents or non-payment to subcontractors and may, at the discretion of the City, include an irrevocable letter of credit issued by a financial institution or cash. If the project has change orders, it will be the departments responsibility to obtain a bond rider. 57. PRIDE of Florida - The Prison Rehabilitation Industries and Diversified Enterprises, Inc. ("PRIDE") is a non-profit, self-funded corporation chartered by the State of Florida in 1981 to provide meaningful training and work experience to inmates in Florida's 15 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 9 correctional institutions. PRIDE donates 1.5% of all sales to the State of Florida every year from the operation of 49 industries in 20 prisons in the State of Florida. A catalog is available in of all products, prices, and prison inmate contracts. 58. Purchasing - The process of buying, renting, leasing, or otherwise obtaining any supplies, services, construction, or any other item(s), including the provision of a description of any and all requirements, the selection and solicitation of sources, preparation, and award of Contracts as well as identifying all phases of Contract administration. 59. Professional Services - Any service where the City is obtaining advice, instruction, or specialized work from an individual or firm specifically qualified in a particular area. Professional Services may include a report or written advice that may be lengthy; however, the main thrust of the service is not considered labor but the exercise of intellectual ability. The Purchasing of Professional Services does not lend itself to normal competitive bidding and price competition alone. These services may be procured by Letter of Interest, Request for Qualifications, or Request for Proposals and selected through Competitive Selection and Negotiation or exemption depending on the total purchase amount. 60. Purchasing Division Director - The senior Purchasing official for the City of Boynton Beach or their designee. This Purchasing Division Director, and their designee have the authority to solicit Bids and issue Purchase Orders on behalf of the City. All Purchase Orders entered into by the City will require the authorizing signature of the Purchasing Division Director or Finance Director or their respective designee(s). 61. Purchase Order - A Purchase Order is a unilateral Contract issued by the City to formalize a purchase transaction with a vendor, conveying acceptance of a vendor's Bid or Proposal. The Purchase Order should contain statements as to the quantity, description, and price of the Commodities, Services, or construction ordered as well as applicable terms regarding payment, discounts. date of performance, transportation, insurance, and other factors. 62. Purchase Requisition - A method to communicate to "Procurement Services" an exact description of the Commodity or Services that the respective department requires. 63. Purchasing Card (P-Card) - A commercial VISA or MasterCard that is issued to authorized City employees for making purchases not to exceed $3,000.00 in accordance with the P-card policy. The City Manager may increase this amount for any time the City Manager deems an emergency purchase if it is in the best interest of the City. 64. Quotation - An informal (verbal) or formal (written) notice by a vendor to the City stating the prices, terms, and conditions under which the vendor will furnish certain Commodities or Services. 65. Repairs to Vehicles and Equipment for Insurance Settlements - when such purchases are made pursuant to the requirements of an insurance settlement. 16 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 10 66. Request for Proposals - All documents, whether attached or incorporated by reference, for soliciting sealed proposals. The price of the Commodities or Services may not be utilized as the primary criteria for the award of the Bid or offer. 67. Responsible Bidder or Responsible Offeror - The person, Vendor, Contractor, or company who has the capability in all respects to perform fully the Contract requirements and the tenacity, perseverance, integrity, experience, ability, reliability, capacity, facilities, equipment, financial resources and credit which will give a reasonable expectation of good faith performance. 68. Responsive Bidder or Responsive Offeror - A person, Vendor, Contractor, or company who has submitted a Bid which conforms in all material respects to the Invitation to Bid or Request for Proposals. 69. Review and Negotiation Committee - A group of persons appointed by the City Manager or designee to rank in preferential order those professional firms or individuals interested in providing Services on a particular project and to negotiate a final Contract with the highest-ranked firm. 70. Services - The furnishing of labor, time, and effort by a person, Vendor, Contractor, or company, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements but shall include both Professional and General Services. 71. Single Source - A Purchasing decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. 72. Specifications - Any description of the physical or functional characteristics or the nature of a Commodity, Service, or construction item as drafted by the requesting department. It may include a description of any requirement for inspecting, testing, or preparing a Commodity, Service, or construction item for delivery. Specifications may also contain provisions for the inclusion of factors that will lead to the ultimate calculation of the lowest total cost. All specifications shall seek to promote the overall economy for the purpose intended and encourage competition in satisfying the City's needs and shall not be unduly restrictive. 73. Sole Brand - The only known brand or only reasonable brand capable of fulfilling the needs of the City. 74. Sole Source - The only known vendor or the only reasonable vendor capable of providing a service or commodity to the City. Written documentation from the vendor certifying their sole source status is required. 75. State Contract - The contracts awarded by the State of Florida's Department of Management Services subsequent to a formal bidding process and award of various equipment and services Contracts extended for use by all political subdivisions (entities). 17 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 11 76. Supplies - All property, including but not limited to, equipment, material, printing, and leases, but specifically excluding the acquisition of leasehold interests in real property by the City. 77. Surety - An individual or organization which, for consideration, promises in writing to make good the debt or default of another. The surety must hold a certificate of authority as an acceptable surety on Federal bonds published in the current Circular 570, United States Department for the Treasury and the Federal Register, effective July 1, annually, as amended. 78. Surplus Property - Any property belonging to the City, which is capable of being used, but is obsolete, inefficient, or in excess of the normal operating requirements of the City. This property is disposed of by auction or other means that prove more beneficial to the City as determined by at least two (2) of the following: City Manager, Purchasing Designee, or Finance Director. The City Commission will approve the disposition of the property. 79. Suspension - The disqualification of a business or person from receiving Invitations for Bids, Request for Proposals, or the award of a Contract by the City for a given period. 80. Terms and Conditions - The provisions of the Contract entered into between the City and any other party. The Terms and Conditions include, without limitation, the price, delivery, discounts, etc., and any contractual clause(s) which both parties have agreed upon. 81. Tie Bids - Two or more bids received for the same item that are exactly equal to the price, terms, and other factors upon which an Award is made. 82. Unit Price - The price for one unit of a Commodity. 83. Using Department - Any department of the City, which utilizes any Commodity, Service, or construction, procured under the policies set forth by this Manual, Florida Statutes, and the City of Boynton Beach's Code of Ordinances. 84. Warehouse Special Orders - Represents purchases (no capital outlay items) processed by the warehouse. The warehouse has established Bid discounts for purchased Commodities and the discounts are passed on to the City's departments. The Commodities handled by the warehouse currently include vehicle parts, office supplies, janitorial supplies, hardware, irrigation supplies, medical supplies, safety supplies, brass fittings and accessories, sewer pipe, electrical supplies, meters, and uniforms. Although this listing of terms and definitions is comprehensive, it is not considered inclusive of all related terms applied to the Purchasing of Commodities and Services provided to the City. 85. Written Quote - A written price quotation on either the City's quotation form, vendor's quotation form, or stationery for Commodities or Services. A Written Quote shall include the date, quantity of Commodities or term of the Service, and the amount of the quotation. Staff shall ensure all quotes are comparable “apples to apples” in regard to the goods or services requested. All quotations shall be recorded and maintained 18 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 12 as a public record in accordance with the State of Florida's retention policies. 86. Waiver of procurement procedures – The waiver of procurement procedures exemption can only be approved by the City Commission. Staff will present all relevant information to the Commission, using it to make factual findings supporting its determination. Such contracts or purchases will not be placed on the City Commission's consent agenda. The Commission will evaluate the request, considering factors like time constraints in procuring goods or services, to decide if the exemption is valid and whether granting approval serves the City's best interests. The City Commission may authorize the waiver by a simple majority vote if it is deemed in the City's best interest to obtain goods and services that cannot be acquired through the normal purchasing process due to insufficient time, the nature of the goods or services, or other factors. Purchases authorized by the waiver process shall be acquired with such competition as is practicable under the circumstances and only after a good faith review of all available sources and negotiation regarding price, delivery, and terms. Procurement procedures may not be waived for procurements subject to the provisions of F.S. § 287.055 or § 255.20 as amended from time to time. IV. EXEMPTIONS TO THE COMPETITIVE PROCESS Certain purchases made by the City are exempt from the competitive processes outlined in the Manual. These exclusions can only be utilized with the pre-approval of the Purchasing Director in conjunction with the City Manager or designee. The current list of purchases excluded from the competitive process is shown below: 1. Legal services 2. Items purchased for resale 3. Recreational programs provided by independent contractors 4. Lobbying services 5. Training 6. Entertainment, Entertainment Related Services, Art, talent, and artistic services 7. Medical services 8. Insurance 9. Food and beverage 10. Consultant and Professional Services. 11. Purchase of information technology software applications and equipment directly from the manufacturer, developer, or producer of the product or service, including annual licenses, maintenance, support, and upgrades to existing information technology software, hardware, or firmware. This includes subscription-based software fees that are unique or preexisting and contain historical knowledge that cannot be easily or without cost moved to another software application. 12. Services or commodities provided by governmental, not-for-profit organizations, or public entities. 13. Specialized staffing services, such as golf course labor services, recreation programmers, day laborers, and similarly situated employment services and contractors, this also includes Employment Contracting Servicing Companies to include recruitment. 14. Permit Fees 19 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 13 15. Postage fees 16. Advertisements 17. Emergency or Urgent Purchase 18. Repairs to Vehicles and Equipment for Insurance Settlements 19. Utilities, including but not limited to electric, water, telecommunications, and electric utility services. 20. Purchase of items or personnel critical to the security of city facilities V. PURCHASE REQUISITIONS This policy establishes unified Purchasing procedures to outline the requirements for the City's departments submitting purchase requisitions to Procurement Services, which will be processed into purchase orders and direct payment requisitions. Purchase Requisitions submitted to Procurement Services for the Purchase of all budgeted Commodities and Services below the mandatory bid amount of $75,000 annual aggregate Citywide spend per vendor for non-construction and $200,000 for construction per project must follow the quotation and approval guidelines stated below. Purchasing requirements shall not be artificially divided to circumvent the approval process. Personal Property, Commodities, and Services (Non-Construction) - Bid Threshold $75,000 Total Purchase Amount Requisition Process Approval Level Total Purchase Less than $20,000** One Quotation Department Head* $20,000.01** to $75,000 Three Written Quotes City Manager* $75,000** Formal Bid City Commission Construction Projects - Bid Threshold $200,000 Total Purchase Amount Requisition Process Approval Level Total Purchase Less than $20,000 per project One Quotation Department Director* $20,000.01 to $199,999 per project Three Written Quotes City Manager* $200,000 or above per project Formal Bid Process City Commission *Or Designee—Note: Directors shall not sign any quotes from vendors that bind the City to any terms and conditions. ** Annual aggregate Citywide spend per vendor Departments purchasing items from the same vendor in multiple transactions are subject to Formal Bid Thresholds. Departments will need to obtain approval from the City Commission if they exceed the set amounts outlined for the Formal Bid Process. In lieu of quotations, a requesting department can utilize other government contracts, such as state contracts, PRIDE, piggyback, etc. If another Government Agency Contract is used, it is up to the originating department to obtain a copy of the bid and award documents to support the awarded vendors, award dates, and pricing. The Department submitting the purchase request shall review all pricing submitted on the quote or proposal to ensure it adheres to the pricing outlined in the established piggyback or cooperative contract. This documentation must be submitted to Procurement Services for compliance check and review to support the electronically processed Purchase Requisition. 20 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 14 Procedure: Specific Forms for Purchase Requisition and Direct Payment Requisition (Form 121): Departments must use specific forms for a Purchase Requisition or a direct payment requisition. The Purchase Requisition will be electronically processed through the Sunguard H.T.E. Purchasing/Inventory system. The direct payment requisition can be located on the share-drive at: S:\CityTemplates\Finance\Blank121Form. 1. Direct Payment Requisition (Form 121) Departments must submit all direct payment requests to the Finance Department on Form 121, providing the amount to be paid, the name of the vendor, the allocated fund source, and Form 121 must be signed by the Department Director or designee. All supporting invoices must be attached to the requisition. Sales tax will not be paid on direct payments. The City is a tax-exempt entity, and it is up to the department to provide the tax-exempt information to the vendor for direct payment purchases. A direct payment requisition is used as a check request for a direct payment to a vendor/payee for the following types of purchases (this list is not all-inclusive): A. Legal Notices/Advertising B. Insurance payment to carriers C. Memberships D. Legal fees and settlements E. Witness & recording fees F. Petty cash reimbursements G. Park & Recreation Activities, i.e., instructors H. Travel reimbursement and training advances/reimbursements I. Tuition Reimbursement J. Refunds K. Regulated utility payments: telephone, electricity, natural gas, water, or similar services where rates or prices are fixed by legislation or by federal, state, county, or municipal regulations. L. Services procured with non-City funds that are a “pass-through” (developer deposits, recreation, “all inclusive” trips, etc.) M. Unemployment compensation N. Tax withholding payments O. Retirement plan contributions P. Investments Q. Automobile titling, tags, and license plates. R. Certain payments to the State, County, or other governmental entities. S. Facility rentals for special events and elections. T. Medical U. Grant Disbursements to Residents. V. Unusual items approved by the Finance Director or designee. During the course of a normal workweek, direct payment requisitions that are properly completed and processed by departments and delivered to Finance by 4:00 p.m. Tuesday will have a check available weekly on Fridays. 21 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 15 2. Requisition/Purchase Order Process All purchase requisitions are submitted electronically to Procurement Services for processing into a purchase order. A. Purchase Requisitions less than $20,000 annual aggregate. All vendor purchase requisitions that total less than $20,000 in the annual aggregate may be submitted directly to Procurement Services. The Purchasing Division shall confirm that the Citywide annual aggregate spend does not exceed $20,000 without obtaining three written quotes for the purchase. B. Purchase Requisitions totaling $20,000.01 to $49,999 annual aggregate (non-construction). These Purchase Requisitions will require three comparable “apples to apples” written quotes to be provided to Procurement Services to support the purchase. If the Purchase Requisition totals $20,000 to $49,999 in the annual aggregate, the purchase requisition along with supporting written quotes will be sent to the City Manager, or their designee, for approval prior to the Purchase Order being issued. C. Purchase Requisitions $75,000 annual aggregate and over (non- construction) and $200,000 per project (construction) or above. Any Purchase Requisitions equal to or greater than $75,000 annual aggregate (non-construction) and equal to or greater than $200,000 per project(construction) will require the City to engage in a formal bid process. Further, the City Commission must approve the award recommendation prior to the issuance of a Purchase Requisition as a Purchase Order. Purchase Requisitions related to a State Contract, cooperative bid, GSA bid, "piggy- back" contract of other Governmental Agencies, or other Purchasing processes (PRIDE, etc.) still require approval by the City Commission before the Purchase Order can be issued. When a Purchase Requisition is submitted, it must include agenda items, resolutions, W-9, Certificate of Insurance (COI), and fully executed agreements. EXCEPTION - if the capital outlay item was approved by the City Commission as an adopted budget line item through the budgetary process and the department has identified a specific contract they would like to piggyback, the capital outlay item can be purchased through an acceptable Governmental Agency Contract without further City Commission action. After all procedures have been met, the ultimate responsibility for issuing a Purchase Order rests with Procurement Services. The issuance of the Purchase Order creates a legal obligation between the City and a vendor. Procurement Services is responsible for investigating alternate vendors and prices. If another vendor can supply the same or equivalent goods at lower prices, Procurement Services has the authority to change the vendor in order to secure the best value for the City. Any change in vendor will be communicated to the originating department. 22 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 16 Departments should allow sufficient time for processing all Purchasing Requisitions. Procurement Services can process complete and accurate Requisitions under $20,000 within an average of three (3) working days, depending on the time of year, current workload, and the resolution of any questions. Procurement Services shall require additional time to process Purchase Requisitions in excess of $20,000 that need additional levels of approval and vendor insurance where necessary. User Departments are encouraged to provide Purchasing with all required information up front to expedite the review process. VI. BLANKET PURCHASE ORDERS (BPO) The City may issue Blanket Purchase Orders for a specific dollar amount and a length of time not exceeding the fiscal year. They may be charged to a single budget account or various departmental accounts. Departments may use most Blanket Purchase Orders to expedite multiple and repetitive small purchases from a single vendor over a given term. Some Blanket Purchase Orders are issued to local vendors for ease and convenience of picking up small purchases that are needed quickly. They are especially useful in cases where required quantities of a variety of items cannot be determined in advance. Blanket Purchase Orders may not be used for the following purposes: A. Capital outlay items; B. Any item stocked in the City warehouse C. Items requiring Purchasing through the bid process D. Any one-time purchase. Procedure: This procedure addresses: 1. Requesting a Blanket Purchase Order, 2. Restricting use for Blanket Purchase Orders, 3. Providing notice to issue Blanket Purchase Orders, 4. Requesting changes to Blanket Purchase Orders, 5. Processing invoices resulting from Blanket Purchase Orders, and 6. Closing Blanket Purchase Orders at fiscal year-end. 1. Requesting a Blanket Purchase Order Departments should request annual vendor Blanket Purchase Orders at the beginning of the fiscal year by completing the "Blanket Purchase Order Form" and submitting it to Procurement Services with the following information: A. Quotes from the vendor(s) considered for use (Include the vendor # or the use of another contract or piggy-back bid with a copy attached). When using a contract or bid for a 23 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 17 Blanket Purchase Order, include the following information on the Form: 1) Origin of the bid 2) Contract number 3) Contract period 4) Agenda Items 5) Piggyback Contracts B. Items planned for purchase C. Purpose of the product or service D. Anticipated annual expenditure per budget account(s); and E. Signature of Department Head or designee. Prior to the start of the new fiscal year, Procurement Services will send out written notification of the due date for the annual vendor Blanket Purchase Orders. This listing of Blanket Purchase Orders requested for the next fiscal year will be in August prior to starting the new fiscal year. Refrain from requesting Blanket Purchase Orders in anticipation that a vendor might be used in the fiscal year. Wait until an actual need exists, then request the Blanket Purchase Order for the remainder of the year. If additional needs require a Blanket Purchase Order during the course of the fiscal year, use the same process to request the Purchase Order. Purchasing will then process a Blanket Purchase Order for the remainder of the fiscal year. 2. Restricting Use for Blanket Purchase Orders A Blanket Purchase Order will only be issued to a vendor from whom the department makes regular monthly purchases. As stated in the Policy, Blanket Purchase Orders may not be used for the following purposes: A. Capital outlay items; B. Items requiring Purchasing through the bid process C. Any one-time purchase. 3. Providing Notice to Issue Blanket Purchase Orders Once Procurement Services approves the requests for Blanket Purchase Orders, they will issue a Blanket Purchase Order. If denied, the department will be notified. If a request for a Blanket Purchase Order is being submitted which exceeds the bid threshold of $75,000, a bid reference number or Piggyback contract along with commission approval must support it. 4. Requesting Changes to Blanket Purchase Orders If a department requires a change order to the amount allocated for a Blanket Purchase Order, a written request must be sent to Procurement Services. The request to change the amount allocated for the Blanket Purchase Order should include the purchase order number, account number, dollar amount of increase or decrease, and justification for the change. Procurement Services will make the necessary changes to the Blanket Purchase Order after a review of 24 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 18 the change request. The Blanket Purchase Order must be less than $75,000 without a bid reference or Piggyback contract. If Blanket Purchase Orders are anticipated to exceed the $75,000 bid threshold, it is the department's responsibility to provide a Request for Proposal, Bid reference, or Piggyback contract to use on the Blanket Purchase Order. If a change order results in an increase over the threshold limit of $75K, the change order must be taken to the Commission for approval. 5. Processing Invoices Resulting from Blanket Purchase Orders Departments should regularly submit itemized invoices for Blanket Purchase Orders to Accounts Payable in Financial Services, identifying the A. Purchase Order number B. The budget account to charge for the expenditure. The Department Head or designee must sign the invoice indicating the items were received and accepted. Departments must submit invoices to Accounts Payable within five (5) days of receipt. 6. Closing Blanket Purchase Orders at Fiscal Year-End All Blanket Purchase Orders will automatically be closed as the fiscal year is closed. It is up to the departments to ensure that all invoices have been submitted to the Financial Services Department for payment to occur prior to officially closing the fiscal year (generally by October 15). Invoices not submitted in a timely manner will be paid against the department's subsequent year budget allocation. It is up to the Department Head to request new Blanket Purchase Orders for the new fiscal year. Remember, although the Blanket Purchase Orders are made available to assist the departments in the Purchasing of goods and services, they are not intended to circumvent normal Purchasing procedures to assure the City is receiving a favorable competitive price. The end-user department shall monitor the actual spend on BPOs and request commission approval to spend over $75K. Purchasing will closely monitor a department's use of the Blanket Purchase Order process to assure compliance with the Purchasing Policy and may cancel the department's Blanket Purchase Order privilege if purchases are not within the guidelines listed above. VII. CHANGE ORDERS Departments should request Change Orders by completing the "Change Order Form" and submitting it to Procurement Services with the following information: When staff estimates that costs may or will exceed the Purchase Order or Contract, Procurement Services should issue a Change Order prior to approving the increase and making the invoice payment. Change Orders will generally modify the original terms of the Purchase Order to coincide with the actual details of the delivered order, or in the case of construction projects, it will modify the Purchase Order to the proposed revision to the Schedule of Payments. Change Orders are necessitated when unforeseen circumstances arise that were not contemplated when awarding the Purchase Order or Contract. 25 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 19 Vendor invoices will have a tolerance of 10% of the Purchase Order amount up to the aggregate amount of the City Manager’s purchasing authority, $75K for non-construction and $200K for construction. Anything over these amounts shall require City Commission approval. Departments should not automatically issue a Change Order in order to pay an invoice in excess of the original Purchase Order, which is a unilateral contract to provide commodities or services for a certain price. Any changes should warrant careful scrutiny and approval of the department head, with a full explanation prior to requesting the Change Order. Appropriate staff persons should review and approve a Change Order prior to incurring the additional change in cost and making invoice payment for the following purposes: For construction Change Orders, the Department Head, City Engineer, or outside Engineer will initiate the Change Order, subject to the City Commission's approval. Finance and Purchasing must be notified of any construction Change Orders. Public Works Director and Fleet Manager must approve any estimate or invoice for Fleet Services vehicle repairs that exceed 10% up to the City Manager’s purchasing authority of $75K for a Purchase Order before issuing any Change Order. 1. Construction Projects Initially Approved by Commission: A. Construction Projects Approved with Contingency Funding If Commission awards the construction project with a contingency allocation, then no further Commission action is necessary provided the construction project does not exceed the project budget (awarded contract + contingency funding). HOWEVER, THE CITY COMMISSION MUST APPROVE CHANGE ORDERS THAT EXCEED THE PROJECT BUDGET BEFORE INCURRING THE ADDITIONAL COST. Departments are encouraged to include contingencies in items for Commission approval if they believe they will have any unforeseen conditions or minor scope changes. The City Manager or designee will administratively review and approve all Change Orders. Upon completion of the construction project, the Project Manager shall reconcile all adjustments to the original contract and shall prepare an administrative Change Order to adjust the final value of the contract and present it to the Commission for approval if the total approval exceeds the contract amount plus the contingency. Although staff recognizes contingency funding for budgetary purposes, it will not be included in the Purchase Order. It is the project manager's job to ensure that the project stays within the approved amount; the City shall issue the construction contract for the dollar value of the bid award. Therefore, in order to modify the Purchase Order amount, it is necessary for the Project Manager to request a Change Order. The Change Order request will recap the adjustments and identify the dollar value of the Change Order and should balance to the dollar value of changes shown in the Schedule of Payments. 26 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 20 B. Projects Approved Without Contingency Funding For all construction projects approved by the Commission without contingency funding, the following will apply: (Based upon cumulative Change Orders) Any change order over the original amount shall require the commission's approval if the total amount approved is over $200K. For construction change orders, the Department Head, City Engineer, or outside Engineer will initiate the change order, subject to the City Commission's approval. Finance and Purchasing must be notified of any construction change orders. Staff will only present Change Orders to the Commission for approval when the original contract price plus cumulative Change Orders reach $75,000 for non-construction and $200K for construction. The request for approval shall include all cumulative Change Orders that make up the cumulative contract price of $75,000 for non-construction and $200K for construction. Staff cannot exceed an aggregate contract price of $75K for non-construction or $200K for construction without a pre-approved contingency built into the agenda item. Staff shall submit the Change Order request to the Purchasing Division in a memorandum providing: 1) narrative on the Change Orders (with copies of the supporting Change Orders); 2) the dollar value of the requested Change Order; 3) reference to the purchase order number; and 4) identification of an approved funding source. Upon review, Procurement Services will make the necessary change to the Purchase Order; the Purchasing copy of the Change Order will be attached to the front of the original purchase order and filed, and a copy will be provided to the department. 1. For non-construction purchase orders involving goods and services, purchases under $20,000 in the aggregate may be made with a single quote, as $20,000 is the single- quote threshold. 2. Purchases over $20,000 in the aggregate will have a tolerance of 10% (percent) of the purchase order amount up to a total of $75K. Staff cannot exceed $75K for the non-construction purchase without commission approval. Accounts Payable can process the invoices for these Purchase Orders up to $75K without Procurement Services preparing a Change Order. Invoices, which exceed the tolerance limit, will require the originating department to review the discrepancy and request a Change Order from Procurement Services prior to the invoice payment along with commission approval if over $75K. The Change Order request shall justify the 27 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 21 cause for variance. 3. Blanket Purchase Orders can have an adjustment (increase or decrease) to the Purchase Order amount for a related department and account number by written change order request to the Procurement Services, as long as they do not exceed $75K in the aggregate. This internal process will allow for timely invoice payments associated with the blanket Purchase Order. Items purchased from a blanket Purchase Order shall be restricted to the account codes identified and allocated on the blanket purchase order. The blanket Purchase Order is for smaller repetitive purchases against the identified account code and is not for one-time purchases. The blanket Purchase Order cannot exceed $75,000 without bid or piggyback reference and commission approval. For blanket purchase orders that are anticipated to exceed the bid threshold, it is the responsibility of the department to provide a request for proposal, piggyback, or a bid reference to be used on the blanket Purchase Order. Procurement Services will provide necessary assistance to the department in preparing a sealed bid. 4. Professional Services Contracts are negotiated contracts prior to rendering services to the City. All change orders are to be forwarded to Procurement Services for a proper review, and processing to change the Purchase Order amount. Change Orders will be distributed to the holders of the original Purchase Order. If there are any questions as to the procedure for processing a particular Change Order contact should be made with Procurement Services. Any change orders which increase the total contract price to over $75K shall require commission approval. The Public Works Director, along with the Purchasing Director, must approve any estimate or invoice for Fleet Services vehicle repairs that exceed 10% up to an aggregate of $75K of a purchase order before issuing any change order. VIII. FORMAL BIDS Formal sealed bids and proposals are the most effective methods for soliciting competitive prices from vendors in the governmental Purchasing sector. This policy will establish the procedures to use for sealed bids The City shall award all contracts by competitive sealed bidding except as otherwise provided in Purchasing Policy Section IX - Alternatives to Formal Sealed Bids. All Bids, Request for Proposals (RFP's), Request for Qualifications (RFQ's), Letters of Interest (LOI) Contracts, Agreements, Leases, etc., shall meet the insurance requirements as stipulated in the Administrative Policy Manual (APM) 12.01.12 updated July 1, 2025. The following process should be used for formal sealed bids of $75,000 or more (non- 28 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 22 construction) and $200,000 or more (construction). 1. Bid Request Form. A department must complete and submit a Departmental Bid Request form and submit it to Procurement Services for the preparation of an Invitation for Bids. Departments must submit this form and all information required to complete the package. Incomplete forms will be returned to the requesting Department Head. 2. Invitation for Bids. An Invitation for Bids shall be issued for each solicitation for offers equal to or exceeding the mandatory bid amount and shall include a purchase description, and all applicable terms and conditions. The City posts solicitations on the City website, bids&tenders, Demand Star, and by publication on the County’s notice website (https://www.pbcfllegalnotices.com/). Responses are submitted through bids&tenders. Advertisement on the County’s notice website (https://www.pbcfllegalnotices.com/) may be made once. 3. Bid Specifications. Except for Citywide and Warehouse requirements, specifications for all other departmental bids should be provided by the requesting department in hard copy and electronically. Reasons for this are: A. As the prime user, the department is best aware of any special characteristics or problems associated with the bid. B. Because they probably utilize the bid item on a daily basis, the department is best aware of any new developments in that product field. C. Scientific, engineering, or other technical descriptions must be provided by department staff that is qualified to do so. D. Purchasing staff should not be placed in the position of deciding upon and specifying bid items for individual department usage. Purchasing may be called upon to assist in writing specifications and may make needed and necessary changes. However, the user department must review and approve all changes. Specifications are the basis for a vendor's bid. Realizing that the bid will be compared primarily based on price, a vendor will seek to offer an item that only meets the specifications. Consequently, it is vital that specifications make no assumptions, but rather detail every important facet of the item in question. Neglecting to do so invites delivery of items that meet specifications but fail to meet the department's expectations. 4. Insurance. Insurance is required to safeguard the City from all claims resulting from damage to property and/or injury to persons caused by the vendor or their actions. The successful bidder shall be required to obtain, at their own expense, all minimum insurance coverage required under the terms and conditions of all Bids, Request for Proposal (RFP), Request for Qualifications (RFQ), Letters of Interest (LOI), Contracts, Leases, and Agreements. See the Vendor Insurance Requirements provided by the Risk Management Division. 5. Bonds. Bonds offer tangible protection in the form of monetary assurances that the 29 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 23 bidder will meet its obligations. For projects and sometimes services of budgeted amounts of $75,000 or more, the successful bidder shall furnish a 5% bid bond as security for the faithful performance of the order(s) awarded as a result of the bid, and for the payment of all persons performing labor, and on their furnishing material in connection therewith. The surety of such a bond should be in the amount equal to 5% of the bid. If applicable, simultaneously with the delivery of the executed contract, the successful bidder shall deliver to the City an executed bond or a letter of credit for 100 percent of the accepted bid as security for the faithful performance of the contract and payment of all persons performing labor or furnishing materials in connection therewith. The attorney-in-fact that signs the bond must file with the bond a certificate and an effective copy of the power of attorney. This can also be provided to the City electronically. Bonds must be secured by the bidder at their own cost and generally may be classified as: A. Bid Bond or Bid Security. This is a document, usually in the amount of 5% (five percent) of the bid, which guarantees that the bidder will enter into a contract with the City, and agrees to hold bid pricing until the award is made. Bid bonds protect the City from erroneous or deliberately low bids which the vendor has no intention of honoring. Should the bidder fail to enter into a contract, the bid bond shall be forfeited to the City. Bid security must be submitted with the bid upon request and can be in the form of a certified check, cash, or bond. The awarded vendor's Bid Security Bond will be returned after receipt of a Construction Bond or a Letter of Credit for 100% of the project. B. Per Florida Statute 255.05 a Payment/Performance/Construction Bond is required for any Public Work project over $200,000. This bond is a surety instrument guaranteeing that the vendor will perform according to the terms of the contract and is generally in an amount of 100% of the bid. This bond affords protection from non-performance or non-payment to subcontractors in the completion of major contracts, the effects of which would result in considerable injury to the City. Should the vendor default, the bond is cashed, and the City may then utilize the funds to complete the contract with another vendor. Vendors are to submit performance bonds upon award of the contract, prior to the City issuing a Notice to Proceed and purchase order. The successful bidder's Performance Bond will be retained if the Contractor does not conform to specifications, fails to perform as agreed upon in the solicitation. The City shall reach out to the surety company to rectify the problem with the contractor and be entitled to collect or retain part or all of the deposit; whichever is necessary to rectify the bidder's unacceptable 30 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 24 performance as to not conforming to specifications or fails to perform as agreed upon in the solicitation and contract. C. Cash Bond. In the amount of the bid or contract award. D. Irrevocable Letter of Credit. Sometimes used in lieu of a bond in the case of some construction projects or multi-year contracts. 6. Bid Conditions. In addition to the general conditions of most formal bids, some bids require special conditions that pertain specifically to the bid in question. Conditions differ from specifications in that conditions refer to requirements, which must be met by the bidder before specifications of his bid are even considered. 7. Public Notice/Request to Advertise. Notice shall include publication on the County’s website for public notices (https://www.pbcfllegalnotices.com/). Public notice of the invitation to 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 on the County’s website (https://www.pbcfllegalnotices.com/) and by posting the particulars to the City website, bids&tenders, or Demandstar. Responses are submitted through bids&tenders. The notice shall state the bid title, scope of services or reason for the bid, and place, date, and time of bid opening. A Request to Advertise (attachment) must be completed with signatures of the Finance Director, Purchasing Director, or designee prior to the City Clerk's process to advertising. The City posts solicitations on the City-website, bids&tenders, Demand Star, and the County’s website for public notices (https://www.pbcfllegalnotices.com/). Responses are submitted through bids&tenders. Advertisement on the County’s website for public notices may occur once or multiple times depending on funding requirements. Public Notice/Request to Advertise for Construction Projects. Legal ads should briefly state the name of the project, location, nature of work required, bid receiving date and time, and location where bid specifications may be obtained. Per Florida Statute 255.0525, if the construction cost is projected to be over $200,000.00, the ads should be placed a minimum of twenty-one (21) calendar days prior to the bid opening date and at least 5 days prior to any scheduled pre-bid conference if construction cost is projected to be over $200,000.00 but under $500,000.00. The ads should be placed a minimum of thirty (30) calendar days prior to the bid opening date and at least 5 days prior to any scheduled pre-bid conference if construction cost is projected to be over $500,000.00. 8. Bid Opening. A. Time of Bid Receipt. Procurement Services must receive bids no later than the time and date identified in the solicitation. Bids must be received within the E-Bidding Platform. The City reserves the right to consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bid, and no award has been made. B. Public Bid Opening. Sealed ITB's shall be opened in accordance with FS 255.0518 as amended from time to time. No additional bids, except stated in "Item A" above, will be accepted after the assigned receiving date and time. 31 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 25 C. All Bids Unopened. If no bids are opened at the assigned receiving date and time of the bid, for any reason other than the failure of the vendors to present their bids or cause their bid to be presented at the appropriated time, Purchasing may extend the bid opening to the following workday at the same time as originally scheduled. 9. Bid Acceptance and Bid Evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in Purchasing policies. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids, which may include criteria to determine suitability for a particular purpose. Those criteria that will affect the bid price and be considered in the evaluation for an award (material defects), excluding cash discounts, shall be objectively measurable, such as trade discounts, transportation costs, and total or life cycle costs. The Invitation for Bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluations that are not set forth in the Invitation for Bids. 10. Corrections, Cancellation, or Withdrawal of Bids. Corrections or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid opening. After bid opening, no changes in bid prices or other provisions shall be permitted, provided, however, the City Manager or his designee shall have the authority to waive minor irregularities or immaterial defects as provided by law. 11. Bid Evaluation and Award. Bids should be evaluated based on the requirements set forth in the Invitation to Bid, which may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery, service, price, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in the evaluation for an award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The Invitation to Bid shall set forth the evaluation criteria to be used. The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the Invitation to Bid. In determining "lowest responsive and responsible bidder", in addition to the bid evaluation criteria above, the following may be considered: A. The ability and skill of the bidder to perform the contract. B. Whether the bidder can perform the contract or provide the supplies/services as required, without delay or interruption within the time specified. C. The quality of performances of previous contracts or services. 12. Tie Bids. If two or more bidders are tied, the tie may be broken and the successful vendor selected by the following criteria presented in order of importance. A. Delivery time if provided in the original bid by the bidders. B. Location of the vendor with the shortest distance (in miles) from City of 32 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 26 Boynton Beach's City Hall. Distance will be determined by using the vendor's address. C. If the above criteria are impossible to determine with any reasonableness or do not resolve the issue, the award will be given to that vendor whose bid was received first as indicated by the time stamp on the envelope containing the bid. 13. Contract Extension. All invitations for bids for open-end contracts shall, when practical, provide for an extension of the contract for a period up to the amount of the original time, upon mutual consent of the City and Contractor and written analysis by Procurement Services that renewal is in the best interest of the City. The end-user department should review the total cost of the entire contract and any contract exceeding $75K for non-construction and $200K for construction shall be presented to the City Commission for approval, unless a resolution previously approved by the City Commission authorizes execution of the renewal amendment. 14. Cancellation of Solicitation. The City reserves the right to cancel a solicitation at any time prior to the Commission’s approval of the recommendation for award. IX. ALTERNATIVES TO FORMAL SEALED BIDS Formal sealed bids are the most effective method for soliciting competitive prices from vendors in the governmental purchasing sector, although there are alternatives to this process for purchases over $75,000. The City permits alternatives to formal sealed bids under certain conditions. Procurement Services and other departments may use the following alternatives when the conditions described are present. 1. Multi-Step Competitive Sealed Bid 2. Request for Proposals 3. Request for Qualifications 4. Emergency or Urgent Purchase 5. Sole Source Purchasing 6. Single Source Purchasing 7. State Contract (DMS) 8. Piggybacking 9. GSA Contracts 10. Prison Rehabilitation Industries and Diversified Enterprises (PRIDE) Purchasing 11. Co-Operative group contracts 12. Rejection of Bids or Proposals / Direct Negotiation 13. Waiver of Procurement Requirements The following paragraphs briefly describe each of these alternatives. 1. Multi-Step Competitive Sealed Bid: Generally, a step process where the City wants to make an award based on price, but available specifications are inadequate or too general to permit full and free competition without further technical evaluation and 33 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 27 discussion: A. Issue Request for Information or Qualifications to which interested, potential vendors respond with either necessary information or unpriced technical offers. B. Invite vendors who submitted technically acceptable offers or qualifications to submit competitive sealed prices based on their technical offers. C. Award contract to the lowest Responsive/Responsible bidder. 2. Request for Proposals (RFP): This methodology compares the approach and scope of services proposed that are presented clearly and concisely with the prices of Responsive/Responsible vendors. This allows the City to determine an Award by evaluating the proposal both from a cost as well as a qualitative basis and presents the ability of the vendor to meet the specifications and complete the project as described in the scope of services. See Section X Procedures for Request for Proposals (RFP) for further guidelines. The RFP typically includes: A. A description of the Commodity or Service to be purchased (scope of services). B. Specific criteria that will be used to evaluate the proposal along with the stated relative order of importance (generally): 1) Managerial capability. 2) Technical acceptability and approach in meeting performance requirements. 3) Reasonableness of price. 4) As well as other factors outlined in the RFP document. C. Experience in the line of work being considered including references and past project experience. D. Staff capabilities along with resumes of key individuals who will work on the project. E. Cost breakdown of the proposed price. The City can negotiate with the selected firm after opening their proposal and request a best and final offer. 3. Request for Qualifications: Contracts for Designated Professional Services are Services where the City is obtaining advice, instruction, or specialized work from an individual or entity specifically qualified in a particular area. However, this excludes architectural, engineering, and registered land surveying services as described under the Consultants Competitive Negotiation Act (CCNA), Florida Statute 287.055. 4. Emergency Purchase: allows the City Manager or designee to waive competitive bidding and procure Commodities or Services where the cost exceeds $75,000 when there exists a clear and present threat to public health, property, welfare, safety, or other substantial loss to the City. However, Emergency Purchasing shall be made with 34 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 28 such competition as is practicable under the circumstances. Refer to Section XIV of the Manual for the full details on emergency purchasing, such as in case of a hurricane, where the city manager or designee can authorize the Purchase of commodities and/or services up to $300,000. All Emergency Purchases must be presented to the City Commission for ratification at the next possible City Commission meeting. See the “Emergency Purchase” definition outlined above. 5. Sole Source Purchase: Allows an award for Commodities, Services, or a construction item without competition when it is determined that there is only one source available. This may include, without limitation, repairs or additions from the original equipment manufacturer, only supplier in the area, franchised or licensed distributor or service, or patented or propriety item. Any vendor identified as a sole source must provide written support certifying their Sole Source to the City. The selection process and determination for use of a sole source exemption rests with the Procurement Services. The end-user department must provide Procurement Services with ALL required supporting documentation in order to decide. Commodities or Services available only from a sole source vendor may be exempt from the quote or competitive process under the following circumstances: A. There is only one source or one reasonable source for the required Commodity, Service, or construction, or; B. The parts or accessories being procured are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; C. The requesting department shall fill out the Purchasing Service's Sole Source Justification Form and attach the form along with the vendor letter as the backup to the Purchase Requisition. If the sole source purchase is $75,000 and over, Procurement Services may solicit a Request for Information (RFI) if it is believed that Commodities or Services are available only from a sole source, and the City may electronically post a description of the Commodities or Services sought electronically. The description should include a request for prospective vendors to provide information regarding their ability to supply the Commodities or Services described. 6. Single Source Purchase - Allows an Award for Commodities, Services, or a construction item without competition when it is determined that more than one source is available; however, selecting a single vendor for the purchase is most advantageous for the City. This may include purchases directed to one source because of standardization or warranty, even though other competitive sources may be available. For example, the purchase is needed to ensure consistency in results related to other products or standardization of parts or supplies as required to avoid unreasonable cost, uniformity, or inefficiency. Any vendor identified as a single-source vendor must provide written support as to its single-source identification. The selection process for using a single 35 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 29 source vendor rests with Procurement Services. The City Commission shall approve all Single Source purchases if the single source purchase exceeds $75,000.00. The requesting department shall complete the Purchasing Service's Single Source Justification Form and attach the form as supporting documentation to the Purchase Requisition for review and approval. 7. State Contract is the State of Florida, Department of Management Services (DMS) Purchasing Division's formal bidding process and the award of various equipment and services contracts extended for use to all political subdivisions (entities). Departments must provide support documents submitted with the Purchase Requisition. All applicable information is available on "My Florida.com". Any purchase that exceeds $75K shall require commission approval. 8. Piggy-backing onto contracts by other governmental agencies (i.e., state, county, school board, city, etc.) is encouraged when it is determined that this method of Purchasing will provide the best product/service at the best price without compromising any of the specifications or quality desired and the originating entity complied with requirements that are equal to or exceed the City's requirements. It is necessary to provide documents supporting this determination when submitting the Purchasing Requisition and to include a copy of the bid or Request for Proposal and the tab sheet and/or letter of an award that specifies the Contract period, Commodity or Services, prices, entity, and bid or RFP number. If the piggy-backed purchase exceeds $75,000, the department shall prepare an Agenda Item Request and the City Commission must approve the purchase. A. A piggyback contract is a form of cooperative Purchasing through which the City obtains the pricing and terms of a contract entered into by a vendor or service provider and any state agency, municipality, county, special district, the Federal Government, or a not-for-profit Purchasing cooperative. B. The Purchasing Division Director, with the approval of the Finance Director, may authorize the purchase of personal property, supplies, and services that have been procured through a competitive process equal to or exceeding the process otherwise required by this Purchasing Code up to $75K. C. A proposed piggyback contract must be submitted to the City Attorney's Office for review and approval prior to contract signature. D. Vendors must agree that Florida law governs and that venue is Palm Beach County Florida. Vendors must also agree to comply with Florida scrutinized company and public records laws. E. A City of Boynton Beach piggyback contract should be developed and signed by the vendor and presented in the agenda item if over $75K in aggerate for commission approval. F. The scope of work may not be expanded from what was procured in the underlying contract. 36 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 30 G. The pricing offered to the City of Boynton Beach for the commodity or service exactly equals or is lower than the governmental contract from vendors awarded the governmental contract. H. A piggyback contract is not permissible when the action would call for an increase in quantities or for products or services that were not originally solicited and not evaluated initially as part of the underlying contract award. I. The original contracting entity should be contacted and advised of the intended piggyback contract. An inquiry should be made and documented by the requesting department that there are no performance issues under the originating contract and concerning any potential for diminution of supply or lack of vendor capacity to provide the supplies or services. J. The City should try to obtain from the originating state, State agency, public university, purchasing cooperative, or federal government, and include as part of its Purchasing file, the: 1) Original solicitation; 2) Tabulation or evaluation, with the reason for award; 3) Copy of the winning bid or proposal; and 4) Copy of the contract. 5) Copy of the advertisement showing complete and open competition K. The City reserves the right to utilize the “Best Value Option” for piggyback purchases. Should the end user identify additional items not included in the original piggyback contract, they may request these supplementary items, provided the total cost of such additions does not exceed fifteen (15%) of the overall cost proposal. To support this request, the end user must submit documented justification demonstrating the advantages of including these additional goods or services within the piggyback purchase. For instance, if the City intends to resurface tennis courts using a piggyback contract with defined per-square-foot pricing but also wishes to procure tennis nets not specified in the original contract, the end user must supply clear justification showing the benefits of purchasing these nets through the piggyback arrangement rather than separately. This justification should include comparative pricing information and must be attached to the piggyback request as supporting documentation. 9. GSA Contracts are those Contracts entered into by the General Services Administration of the Federal Government (also known as GSA Schedules) that are multiple award contracts containing prices utilized by all Federal Government Agencies. Provide support documents submitted with the requisition to Purchasing. Include the cover page of the contract indicating GSA number, title, beginning and ending dates, and pricing. Commercial products and services are available for purchase by local governments defined under U.S. Code 40 U.S.C. § 502(c). What can you buy through GSA Schedules? Local institutions may utilize the following programs to buy goods and services through 37 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 31 GSA. Cities can buy a wide range of products and services through GSA Schedules, including:  Vehicles: Specialty motor vehicles and accessories, including fire fighting apparatus, law enforcement vehicles, and snow maintenance equipment  Office supplies: Office supplies through the OS4 program  IT and security: IT, security, and law enforcement products, services, and solutions  Building maintenance: Building maintenance and operations, and maintenance repair facility supplies  Wireless: Wireless products and services  Records management: Records management help  Information technology: Information technology and IT-related services, including hardware, software, and related supplies 10. Purchasing Cooperative groups Comprised of government entities from throughout the region to provide cost savings and cost avoidances to member entities by utilizing the buying power of combined requirements for common basic items. 11. Rejection of Bids or Proposals / Direct Negotiation The City Manager, or designee, may reject all bids or proposals or parts of all bids or proposals when such rejection is in the best interest of the City. A bid or proposal may be rejected if any of the following conditions exist: A. The bid or proposal does not conform to the technical specifications or the solicitation documents. B. Insufficient financial resources or lack of technical ability, physical capacity, or skill of the vendor to perform the contract or the service required. C. Inability of the vendor to perform the contract or provide the services within the time specified without delays or interference. D. Previous and existing non-compliance by the vendor with laws and ordinances relating to the contract or services. E. Inadequate quality or performance on previous contracts for goods or services, at the City or other governmental entity. F. Vendor has been declared to be in default on any City or public entity contract or debarred or suspended by any public entity. G. Taking exceptions to the terms, conditions, and specifications of the bid or proposal. H. Non-conformance with minority business or disadvantaged business enterprise provisions and requirements, where applicable. I. When the City determines that the price quoted is not fair and/or reasonable. J. Insufficient competition. K. The vendor made an error in pricing or other critical element in the bid or proposal that cannot be corrected after the due date for responses without giving that vendor an unfair advantage over other responding vendors. 38 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 32 L. Any other reason that is in the best interest of the City. When the competitive solicitation process did not result in adequate competition or did not result in a contract that would be in the best interest of the City of Boynton Beach. The City’s Purchasing Policy allows the City to directly negotiate with a firm for services. The Purchasing department shall manage the negotiation process for all City procurement projects, as may be necessary. This shall not preclude the use of consultants or legal assistance in developing negotiation strategy and conducting negotiations with vendors. In general, negotiations shall be conducted under the principle of “win-win”, where the City and vendor share benefits from the process and subsequent contract. All negotiations shall follow the requirement of applicable Florida Statutes, and shall be conducted with the highest ethical standards, fairness, and equity; and with the understanding that the City will not be placed in an unfair or unreasonable position to the vendors. All negotiation meetings with vendors shall be recorded and conform to the public records requirements of applicable laws. The City Manager or designee, has the option to appoint a Negotiation Team to assist with various aspects of developing negotiation strategy and conducting negotiations with the vendors. The Team shall comprise stakeholders and individuals who are familiar with the project and can describe full the scope of the project and clearly articulate the City’s position. All negotiating team meetings at which negotiation strategies are developed or discussed shall be recorded in accordance with Section 286.0113, Florida Statutes. 13. Waiver of procurement procedures Can only be approved by the City Commission. See the Waiver of procurement procedures outlined above. X. REQUEST FOR PROPOSALS (RFP) When the Purchasing Division Director, in conjunction with the Finance Director or Designee determines that the use of competitive sealed bidding is either not practical or not advantageous to the City, a contract may be entered into through receipt of the competitive sealed proposals. Competitive proposals may also be used for the Purchasing of professional services; as allowed by Florida Statute and these policies. 1. Request for Proposals. Proposals shall be solicited through a Request for Proposal (RFP). Public notice of the RFP shall be given not less than 14 calendar days prior to the date set forth in the notice for the opening of RFPs. For Construction Projects, per Florida Statute 255.0525, if construction cost is projected to be under $200,000.00. The ads should be placed a minimum of twenty-one (21) calendar days prior to the bid opening date and at least 5 days prior to any scheduled pre-bid conference if construction cost is projected to be over $200,000.00 but under $500,000.00. The ads should be placed a minimum of thirty (30) calendar days prior to the bid opening date and at least 5 days prior to any scheduled pre-bid conference if construction cost is projected to be over $500,000.00. 39 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 33 2. The City shall follow and comply with 255.20 Local bids and contracts for public construction works: specification of state-produced lumber. A county, municipality, special district as defined in Chapter 189, or other political subdivision of the state seeking to construct or improve a public building, structure, or other public construction works must competitively award to an appropriately licensed contractor each project that is estimated to cost more than $300,000. For electrical work, the local government must competitively award to an appropriately licensed contractor each project that is estimated to cost more than $75,000. Such notice may be given by publication on the County’s legal notice website (https://www.pbcfllegalnotices.com/) and by posting the particulars to the City website, bids&tenders, or Demandstar. Responses are submitted through bids&tenders. The notice shall state the bid title, scope of services or reason for the bid, and place, date, and time of proposal opening. A Request to Advertise (attachment) must be completed with the signatures of the Finance Director or Purchasing Division Director. The RFP shall be developed by the requesting department with the approval of the Purchasing Division Director or Designee. The request will identify required specifications to determine the parameters for the solicitation of bids. The RFP typically includes: A. Description of the item or service to be purchased (statement of work). B. Specific criteria that will be used to evaluate the proposal, along with the stated relative order of importance (generally): 1) Managerial capability. 2) Technical acceptability and approach in meeting performance requirements. 3) Reasonableness of price. C. Experience in the line of work being considered, including references. D. Staff capabilities along with resumes of key individuals who will work on the project. E. Cost breakdown of the proposed price. The City can negotiate with the selected firm after opening their proposal. 3. Public Notice/Request to Advertise. Public notice of the Request for Proposals will be given in the same manner as provided for competitive sealed solicitation. 4. Receipt of Proposals. No proposals shall be opened until the time designated in the public notice of the request for proposals. A register of proposals in the form of a tabulation sheet shall be prepared to contain the name of each offeror, and each solicitation shall be opened publicly. 5. Proposal Conditions and Specifications. Conditions and specifications tend to serve more as guidelines than strict standards. The object is to allow the vendor's 40 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 34 expertise to design a proposal to fulfill the City's ultimate specified result. Conditions and specifications need not be so broad as to promote uninhibited proposals. By establishing boundaries within which to operate and pointing the vendor toward the direction of the City's goal, the RFP seeks to elicit the best talents in the marketplace to solve its problems. 6. Inquiries on RFP. All questions regarding an RFP shall be submitted through bids&tenders. The Purchasing Division will coordinate the responses to the inquiry in the form of an addendum that alters or changes the result of an RFP and forward copies to all known responders to the proposal. 7. Evaluation Factors. The RFP shall state the relative importance of price, if appropriate, and other evaluation factors such as quality, delivery, and service, as well as past supplier performance, completion of similar projects or contracts, and conformance to specification and/or quotation requirements. Only criteria disclosed on the solicitation for bid may be used to evaluate the items or services proposed. Evaluation Review Committee. The Committee should consist of three to five members to review all responses to the RFP. After reviewing and possibly shortlisting or receiving presentations, the department head will establish a negotiation committee to negotiate the contract. Once negotiations are finished, staff will present a contract for consideration, approval, and award to the City Commission for their approval. A. Representative(s) of the respective Department. B. Citizens based on their qualifications and experience in the area of discipline as an advisor or a non-voting member. C. Representative(s) or Consultants from the requesting department. D. Other representatives that may be deemed appropriate by the City Manager or designee 8. Discussion with Responsible Offerors and Revisions to Proposals. As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for an award for clarification to assure full understanding of and conformance 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 (BAFO). 9. Award. The award shall be made to the responsible/responsive offeror whose proposal is determined to be the most advantageous to or in the best interest of the City, taking into consideration the evaluation factors set forth in the request for proposal. The contract file shall contain the basis on which the award was made. Staff shall present an item to the commission that allows staff to approve, negotiate, and award a contract. 41 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 35 XI. CONTRACTING FOR PROFESSIONAL SERVICES (CCNA) The City will follow the selection procedures set forth in the Florida Consultants Competitive Negotiation Act (CCNA) as stipulated in Florida Statutes, Chapter 287.055, as amended from time to time, when seeking professional services. "Professional Services" means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice. XII. ERRORS & OMISSIONS POLICY The purpose of this policy is to set forth consistent procedures to assess: 1. Whether an error and/or omission (sometimes referred to herein as "E&O") has been made by a Design Professional who is performing services for the City, 2. Create a record of errors and/or omissions for the purpose of recovery of premium costs, 3. Evaluate whether reimbursement of premium costs is appropriate and, 4. Evaluate Design Professional performance for consideration in future project selection processes. Authority: Administrative procedure. Definitions: Definitions as used in this Policy, the following terms carry the meaning specified below. 1. Change Order. Any contract amendment, which increases or decreases the value, or duration of a contract, when approved by the City Commission. 2. Consequential Damages. Consequential damages are damages which do not flow directly and immediately from the acts of a party, but only from some of the consequences or results of such acts and may include the City's cost of replacing or completing work resulting from a design error or omission, the cost of providing extended project support and loss of use damages. 3. Delay Damages. Delay damages include the costs, which the City may have to pay a contractor as the result of Design Professional caused delays. These damages can include increased labor and material costs, extended home and field office overhead lost productivity, and lost opportunity damages. 4. Department Director. The head of any City department or division. 42 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 36 5. Design Professional. Design professionals are any consultants who provide services to the City, whether or not they are hired pursuant to the Consultant Competitive Negotiation Act, FSS. 287.055. This policy applies to the entire design team, including all sub-consultants hired by a Design Professional who is in direct contract with the City of Boynton Beach. 6. Error. An act that, through ignorance, negligence, deficiency, or accident, departs from or fails to achieve what should be done. Nothing in this definition modifies the terms of the City's contract with the Design Professional. 7. Insurance Carrier. The provider of the professional liability insurance coverage carried by the design professional. 8. Omission. An item of design or contract work task, which was neglected or left undone. Nothing in this definition modifies the terms of the City's contract with the Design Professional. 9. Premium costs. Premium costs consist of the increased cost to the City of having items of work added to a project after the contract has been bid and awarded, and construction started. If work is added because of an error or omission by the Design Professional, and the item is required for the project to function as anticipated, value is added to the project, and some portion of the cost of the item may properly be allocable to the City. However, when an error or omission in design is discovered after bid, some portion of the cost of adding the item frequently represents the increased cost that a contractor incurs in constructing the added work out of sequence. In addition, the City loses the benefit of having the work required to overcome the design error or omission competitively bid. These additional costs resulting from design errors or omissions constitute premium costs. Premium costs include the cost of consequential and delay damages as a result of the error and/or omission. 10. Professional Liability Insurance. That insurance which indemnifies against damages caused by the errors or omissions of the design professional. 11. Project Manager. The City employee assigned to administer the contract of a Design Professional. 12. Standard of Care. The expected level of professional skill, knowledge, expertise, experience, and performance set forth in the Design Professional's contract. Nothing in this Policy modifies the language or terms of the City or Design Professional, which are contained in their contract. 13. Unforeseen Site Condition. An actual physical characteristic which was not known or is different from the characteristic described in the construction contract documents. Responsibility for unforeseen site conditions are described in the contract documents and may vary from contract to contract. Policy: It is the policy of the City of Boynton Beach to fairly and consistently review and evaluate the performance of its Design Professionals against applicable contract and industry standards¹. In the event that performance meets or exceeds the contract requirements, it is the policy of the City to record the same in an objective manner for use in future selection processes. In the event that 43 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 37 performance falls short of the contract requirements, the City policy is to recover the premium costs, consequential damages, and delay damages resulting from the Design Professional's failure to perform to the level required by the contract or by industry standards as well as record same in an objective manner for use in future selection processes. A Design Professional is obligated to perform services in a manner consistent with the contractually required standard of care as well as industry standards. Neither industry nor contractual standards of care require perfection. Therefore, some level of performance short of perfection is anticipated. In each project where the City has costs associated with errors and omissions, the City should determine if those costs reflect a level of performance less than that required by the applicable standard of care. If so, then the City should expect to be reimbursed by the Design Professional for those costs. __________________ ¹ Contracts, by their nature, cannot incorporate reference to all standards of care for a design professional. Reference to "industry standard" in this policy imposes on design professionals a duty to perform the requested services in accordance with the standard of care used by similar professionals in the community under similar circumstances. When the City incurs cost overruns on a project, an assessment should be made by the Project Manager to determine the impact of such factors so that any City claim could be fairly adjusted. Such a determination would be made on a case-by-case basis by the City or consultants engaged for this purpose. Procedures: 1. General Each project must be assessed on its own. No one standard can determine whether the City should expect reimbursement for E&O expenditures. Some errors or omissions may, standing alone, evidence a lack of care sufficient to warrant reimbursement. A series of minor errors or omissions may or may not be indicative of a lack of care. In determining whether to seek compensation from the Design Professional, the City should first calculate and total the amount of premium costs. In the event that the standard of care has been exceeded, the Design Professional will be responsible for only the premium value (non-value-added costs). Secondly, the premium value needs to be compared to an applicable standard of care to determine if the premium value exceeds the amount normally expected on a project where the Design Professional was conducting itself in accordance with the standard of care contained in its contract. 2. Design Professional's Contract Language Each contract with a Design Professional shall contain the standard of care language. The language shall be consistent with the language which currently represents the City's position as approved by the City Manager. Department Directors may recommend a higher standard of care for contracts that warrant the same. This revised standard of care language must be approved by the City Attorney's Office. In any event, the individual contract language shall take precedence over the terms of this Policy. 44 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 38 The Design Professional's performance will be recorded and in part evaluated according to the provisions of this Policy. Project Managers shall provide a copy of this Policy to all professionals as part of their proposal or contract. 3. Change Order Administration A. Construction Administration Services The Design Professional shall immediately be made aware of any change, which may be considered an error or omission by the City so that the Design Professional can evaluate the condition and participate in mitigating the impact of the error or omission. 1) If construction administration services are included in the Design Professional's contract, the construction contract will include language directing requests for information and change proposals to the Design Professional with a simultaneous copy to the City, or simultaneous notification to both the City and Design Professional. 2) If construction administration services are not included, the Project Manager will notify the Design Professional within 24 hours of being made aware of a condition which may be an error and/or omission. This notification may be verbal or written. If verbal, the notification must be to a person employed by the Design Professional holding a position at least of engineer B. Change Order Brief A change order brief is required for all change orders prior to City approval. The change order brief contains a field to identify whether the change order or each change item contained within a change order (if multiple change items within a single change order) was a result of an error/omission. The Project Manager must identify whether the change or individual change item is a result of an error or omission. This change order brief shall be provided to the Design Professional upon approval of the change order. The change order brief shall not be provided to the Contractor as an attachment to the change order, however, must be provided to the Contractor if requested. C. Evaluation of the Value of Errors and Omissions Within 30 days of the approval of a change order, all change items which have been identified as an error/omission will be evaluated to identify the premium costs. The premium costs should include all costs identified in the definition of premium costs above. Independent consultants may be used to assist the Project Manager in determining the premium costs. 45 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 39 D. Contract Payments to the Design Professional To the extent possible, the Project Manager shall ensure that sufficient funds are available (based on contract balance) from payments to the Design Professional to cover the value of the premium costs identified and transmitted to the Design Professional. This provision of the Policy may be waived with the approval of the Department Director. This provision is not intended to provide for the implementation of a "retainage" provision. E. File The Project Manager will maintain a file that contains the change order documents, all related correspondence, and work papers, the evaluation identified in "b" above, the Design Professional's response to the evaluation, and any other materials related to an error/omission. 4. End of Construction Evaluation and Assessment A. Cumulative Review Upon completion of construction, the Project Manager will compile the results of all E&O evaluations for the purpose of determining whether the standard of care identified in the contract has been met. This compilation will be referred to as the cumulative review. If determined to be warranted, the Project Manager can initiate an interim cumulative review at any time during the contract. B. Assessment Against Standard of Care The Project Manager will compare the cumulative review to the standard of care in the contract of the Design Professional to determine whether the contract requirements have been met. This comparison is to be performed on a case-by-case basis considering the items set forth earlier in this Policy. C. Review of Final Evaluation and Recommendation 1) If the Project Manager's evaluation indicates that the standard of care has been met, the Project Manager can recommend final payment. Final payment and recordation of the Design Professional's performance shall be made in accordance with "4d" and "4e" of this Policy. 2) If the Project Manager’s evaluation indicates that the standard of care has not been met, a copy of the evaluation shall be sent concurrently to the Division Director as well as the Design Professional. The Division Director shall review the evaluation and schedule a meeting with the Design Professional prior to concurring with the recommendation of the Project Manager and sending same to the Department Director. Should the Department Director agree with the evaluation of the Project Manager and Division Director that the standard of care has not been met, the cumulative review, along with the Department 46 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 40 Director's recommendation shall be forwarded to the Design Professional. This communication to the Design Professional shall indicate the monetary penalty if any that the City intends to impose and shall afford the Design Professional the opportunity for a meeting with the City to discuss the City's findings and conclusion. In the event the Design Professional disputes a monetary penalty imposed by the City pursuant to this policy, the dispute shall be settled by mediation under the Construction Industry Mediation Rules of the American Arbitration Association. A demand for mediation must be in writing and must be made prior to final payment. The acceptance of final payment by the Design Professional constitutes a waiver of the dispute. If within 45 days after service of a written demand for mediation, the mediation does not result in settlement of the dispute; then, any unresolved dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules. Fast track procedures shall be followed when the disputed amount is less than $50,000.00. A single arbitrator shall be used. An award rendered by the arbitrator shall be enforceable under the provisions of the Florida Arbitration Code, Chapter 682, Florida Statutes. D. Final Payment of the Design Professional's Contract 1) If the Department Director concurs with the Project Manager that final payment in accordance with the terms of the contract. 2) The Project Manager shall hold the final invoice for services, if a contract balance remains. The amount withheld from final payment will be in an amount equal to or less than the estimated premium value. If there are insufficient funds remaining in the contract balance, the Department Director will determine the most appropriate manner to recover same from the Design Professional and/or their Professional Liability Carrier. 3) If the matter proceeds to negotiations for resolution, the final invoice for services shall be processed upon conclusion of the negotiations and in accordance with the agreements resulting from same. E. Recordation of Performance Evaluation Form The information contained in the cumulative review shall be permanently recorded on the Design Professional's Performance Evaluation Form, which is one of the factors considered for future selection. 47 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 41 XIII. CONSTRUCTION CONTRACTS Due to the complexity of construction projects and the cost involved, these contracts warrant special conditions. In general, contracts for the construction of major City projects are obtained through the Formal (Sealed) Bid process. All procedures as previously noted in Section VIII – “Formal Bids" should be followed. Construction projects under $199,999.99 in cost may be procured by three (3) written “apples to apples” quotations. Sealed bids are required for all construction projects with costs over $200,000 and shall require the City Commission's approval. The following special conditions will apply to all construction contracts over $200,000: 1. Bid Preparation: A. Using/Requesting Department: The detailed specifications, special conditions that may apply, a suggested vendor list, a file link, and a "Departmental Bid Request" form are to be assembled and provided to the Purchasing Division. It is the responsibility of the using/requesting department to ensure that any special terms or conditions are complete, plans (including blueprints), and specifications are complete and accurate. Purchasing will review, add or delete information, add general and special conditions, necessary forms, proposal sheets, and prepare a "Request to Advertise" approval sheet for the Finance Director or Purchasing Division Director or Designee prior to selecting a bid receiving date. When a complete bid package is ready to be advertised, the "Request to Advertise” is submitted to the City Clerk. All bids are posted on the City website, bids&tenders, Demand Star, and the County’s Public Notice Website (https://www.pbcfllegalnotices.com/). All supplemental vendors from the Purchasing Vendor listing the suggested vendor's list from the Using/Requesting Department are added to the Purchasing software to notify them directly. Any addendum is prepared and uploaded to bids&tenders to be electronically distributed to all plan holders. B. Outside Consultant: The consultant submits a specification package for Purchasing Division review, and a "Department Bid Request" form is prepared by the using/requesting department. Any changes, documents needed for the bid package, general and special conditions, and insurance information, "Request to Advertise" is prepared by the Purchasing Division, signed the Finance Director or Purchasing Division Director or Designee. After approval and any suggested changes, a bid-receiving date is selected, and a bid number assigned. The final advertisement provided to the City Clerk's office for advertisement. All bids are uploaded to bids&tenders along with supplemental vendors from the Vendor listing or the using department's suggested vendors. 2. Announcement of Bids. Due to the contractor's desire to share in large dollar projects, interest in construction projects is generally high. To assure the greatest 48 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 42 degree of competition, all of the following shall be used to announce the bids: A. Legal Ads. Legal ads are an excellent method of attracting interested parties, while also dispelling any criticism of bids only going to favored contractors. Legal ads are generally requested by the Purchasing Division and placed by the City Clerk. Such notice may be given by publication on the County’s legal notices website (https://www.pbcfllegalnotices.com/) and by posting the particulars to the City website, bids&tenders, or DemandStar. Responses are submitted through bids&tenders. Legal ads should briefly state the project's name, location, nature of work required, bid receiving date and time, cost of plans, and location where bid specifications may be obtained. Per Florida Statute 255.0525, if construction cost is projected to be under $200,000.00. The ads should be placed a minimum of twenty-one (21) calendar days prior to the bid opening date and at least 5 days prior to any scheduled pre-bid conference if construction cost is projected to be over $200,000.00 but under $500,000.00. The ads should be placed a minimum of thirty (30) calendar days prior to the bid opening date and at least 5 days prior to any scheduled pre-bid conference if construction cost is projected to be over $500,000.00. The solicitations may also be listed in the Dodge Reports and other construction journals. Per Florida Statute 255.0525, in cases of emergency, the procedures required in this section may be altered in any manner that is reasonable under the emergency circumstances. 1) If the location, date, or time of the bid opening changes, written notice of the change must be given, as soon as practicable after the change is made, to all persons who are registered to receive any addenda to the plans and specifications. 2) A construction project may not be divided into more than one project to evade the requirements in this section. 3) As used in this section, the term "emergency" means an unexpected turn of events that causes: a) An immediate danger to the public health or safety; b) The immediate danger of loss of public or private property; or c) An interruption in the delivery of an essential governmental service. B. Interested Contractors (Bidders List). The primary contracts for construction bids are those firms that have previously done work for the City or expressed a desire to bid. A list of these firms shall be assembled from records from Purchasing Division, bids&tenders, and other City departments involved in the construction project. 49 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 43 Additionally, the Purchasing Division may contribute to firms that are listed in various reference sources, including Thomas Register, Municipal Index, Yellow Pages, Contractor's Blue Book, Palm Beach County Minority Business Directory, etc. C. Plan Rooms. Many firms that might not be reached by bids&tenders mailings or legal ads do frequent various "plan rooms" located in the area, such as Dodge Reports. By distributing copies of the bid and plans to these plan rooms, Purchasing Division can reach many firms that might otherwise be overlooked. D. Pre-Bid Conference. For construction projects, a pre-bid conference may be held. Attendance at this conference is not always mandatory, but highly recommended for all bidders. 3. Bid Opening. Due to the generally higher dollar cost of construction projects, the bid opening shall be handled very seriously and in a highly professional manner. No bids will be accepted after the receiving date and time (exception; the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid and no award has been made). Designated Purchasing Staff oversees the bid opening and shall fully record the various bids for the construction project per Florida Statute 255.0518 as amended from time to time. Anyone requesting to review bids will be requested to wait until all bids are received and tabulated, and a Purchasing staff person is available to monitor the bid package review process. 4. Bid Review and Award. To allow a thorough bid review by the originating department, Purchasing Division should email copies of the tabulation sheets for the requesting department and have all bids available for their review (upon request) in bids&tenders. Included would be the Contractor's Bid Form, response page, references, bid bond, and any pages stating substitutions or changes to the bid document. After the originals are secured in the bid file, the requesting City department, upon request, should be forwarded the bid copies for their review within bids&tenders. In some cases, a review of bids may be performed by a contracted Architectural/Engineering firm. Copies of bids must then be provided to both the requesting department and the Architectural/Engineering consultant. The contract award should generally be made to the lowest most responsive/ responsible bidder meeting specifications as outlined in Section VIII - Formal Bids. If this is not the case, a thorough explanation should accompany the department's memo to Purchasing Division for formal evaluation. The Finance Director or Purchasing Division Director or Designee will then review the award. If in agreement, a recommendation is forwarded to the City Clerk in an Agenda Memo format for Commission approval with an applicable accompanying contract. Assuming City Commission approval, a purchase order will be issued to the successful contractor after agreements are approved and signed, and bonding and insurance 50 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 44 requirements have been met. Care must be taken to reference the bid on the purchase order, noting that "all terms, conditions, plans, and specifications" of that bid shall apply. 5. Formal Construction Contract (Agreement). Due to the complex nature and duration of construction projects, a formal construction contract shall be prepared, and copies will be issued to all parties. These contracts are prepared in either the Purchasing Division, Engineering, hired Architectural/Engineering firm, or the City Attorney's Office. The formal construction contract is based on the bid document and plans. The contractor shall provide all required licensing, insurance, and bond documentation to the City along with the signed contracts. A "Notice to Proceed" is issued upon receipt of all documents. All contracts are reviewed and approved by the City Attorney as to form and legality before the contract is presented for signature. XIV. PURCHASES AFTER A DECLARED EMERGENCY This policy establishes responsibilities and implements procedures to follow when making purchases for the City after a declared emergency. Definition: An emergency is defined as a situation brought about by a sudden unexpected turn of events (i.e., Act of God, hurricanes, riots, fires, floods, accidents, etc.) or any circumstances or causes beyond the control of the City in the normal conduct of business. Emergencies could involve health, welfare, injury, or loss to the City and/or City citizens; which may require the immediate purchase of equipment, supplies, materials, or services. A "Declared Emergency" under this policy is a declaration covering an area including the City of Boynton Beach made at the national, state, county, or city level necessary to respond in the best interest of public health, safety, and welfare. Policy: The City Manager or designee may make purchases necessary in a declared emergency for relief efforts up to $300,000 without the approval of the City Commission, but subject to subsequent ratification when there exists a threat to public health, welfare, or safety, provided that such emergency Purchasing shall be made with such competition as is practicable under the circumstances. The City Manager's or designee Purchasing authority is for a period of ninety (90) days after a declared emergency. Procedures: Notwithstanding any other provisions of these policies, the City Manager or designee may make or authorize others to make emergency Purchasing of supplies, services, or construction items. A written determination of the basis for the emergency and the selection of the particular contractor shall be included in the contract file. As soon as practicable, a record of each emergency Purchasing 51 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 45 shall be made and shall set forth the contractor's name, the amount and type of contract, a listing of the item(s) procured under the contract, and the identification number of the contract file. The requesting department shall present any emergency purchase that exceeds the formal bid amount to the City Commission on the earliest agenda date. The agenda item should provide Information identifying the extent of the emergency and the determination process for vendor selection. Emergency Purchasing procedures may not be implemented to procure goods and/or services needed to carry on what should be considered as normal operations. Failure to anticipate normal operating needs is not to be confused with an emergency. Although poor planning, overlooked requirements, inaccurate usage history, or inadequate forecasting may result in the need for expedited Purchasing, these are not bona fide emergencies. XV. DEBARMENT & SUSPENSION This policy will establish the authority for the City to debar or suspend a business or person from consideration for award of contract or bids. Authority: The Finance Director or Designee after consulting the City Manager and City Attorney shall have the authority to debar or suspend a business or person from consideration for bid awards. For reasonable cause, the suspension can range from one (1) to three (3) years or indefinitely Causes for Debarment or Suspension: The causes for debarment or suspension include, but are not limited to, the following: 1. Conviction or commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract or incident to the performance of such contract or subcontract. 2. Conviction under state or federal statutes of a public entity crime, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving of stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affect responsibility as a contractor. 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals. 4. Violation of materials bid/contract provisions: A. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the bid/contract or, B. A recent record of failure to perform of unsatisfactory performance in accordance with the term of one or more bids/contracts; consideration may be given in case of failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor. 52 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 46 5. Any other material factor which adversely affects the responsibility as a City contractor or potential City contractor, including suspension. or debarment by another governmental entity. 6. The reputation of a bid/contract by failure to provide bonds, insurance, or other required certificates prior to award of contract. 7. Expiration or revocation of licenses required or failure to renew licenses required. 8. Refusal to accept an agreement or contract, or to perform an agreement or contract in conformance with the bid requirements. 9. The general performance of a contract is evaluated in writing as "poor" or "unsatisfactory." 10. Presence of principals or corporate officers in the business or concern, who were principals or corporate officers or directors within another business at the time when the other business was suspended or debarred within the last five (5) years under the provisions of this section. 11. Violation of the ethical standards set forth in City, State, and Federal Law or Regulations. Decision to Debar or Suspend: A decision to debar or suspend shall be issued in writing to a business or person from the City Manager or designee and shall: 1. State the reason(s) for the action taken. 2. State the period of suspension/debarment. 3. Inform the suspended or debarred business or person involved of their right to administrative review as provided in this policy. Notice of Decision: A copy of the decision under this section shall be mailed or otherwise furnished to the suspended or debarred business or person and any other affected party. Finality of Decision: A decision to debar or suspend shall be final and conclusive, unless the debarred or suspended business or person, within ten (10) business days after receipt of the decision, files a written notice of appeal to the City Manager or designee, in which event the decision shall be deemed final and conclusive if and when the decision is affirmed by the City Manager or designee. XVI. BID PROTESTS To establish a procedure for a prospective bidder to protest a bid against the City. 53 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 47 Any actual or prospective bidder, offeror, or contractor with a "substantial interest" who is aggrieved in connection with solicitation or award of Contract may protest in writing to the Finance Director or Purchasing Division Director, or their designee. A bidder shall be deemed to have a "substantial interest" if the bidder would have been selected as the lowest Responsible and Responsive bidder but for the alleged mistake or irregularity described in the protest. Protesters shall file their written protests along with a bid protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less, or if the bid amount cannot be determined, with the Purchasing Division Director during normal business hours. The bond will be refunded to a protester if the protest is upheld. Protests shall specifically describe the subject matter and facts giving rise to the protest. Protests shall be deemed effective on the date they are received by the Purchasing Division Director. The Purchasing Division Director shall immediately deliver the bid protest to the City Attorney with a memorandum setting forth the facts and circumstances surrounding the protest. The deadlines for filing bid protests are as follows: 1. If the protest relates to an Invitation for Bid or Request for Proposal, the protest shall be received prior to the bid submittal deadline date. 2. If the protest relates to any other matter relating to the bid, including, but not limited to, the intent to Award of a Contract, the protest must be received no later than three (3) regular business days after the date of notification of intent to award a solicitation by the Purchasing Staff. Decision: If the protest is not resolved by mutual agreement, the City Attorney, upon consultation with the Purchasing Division Director, shall make a recommendation to the City Manager who shall issue a decision in writing, or the City Manager may request for the City Attorney to render a decision in writing to the protesting bidder, offeror, or contractor. The City Manager shall have the authority to settle and resolve a protest of an aggrieved bidder, offeror, or contractor, actual or prospective, concerning the solicitation or award of a contract. The decision shall: 1. State the reasons for the action taken; and 2. Inform the protester of its right to appeal as provided in this part. Notice of Decision: A copy of the decision under this section shall be emailed or otherwise furnished to the protestor and any other party intervening. Finality of Decision: A decision of the City Manager or designee under this section shall be final and conclusive unless the protester files a written appeal with the City Clerk within three business days of the City Manager or designee's decision. The City Commission, within thirty (30) days of the City Manager's response, shall consider the protest. Failure to Follow Procedure: 54 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 48 A protestor's failure to follow the protest procedure set forth herein shall render void any protest or claim brought by an aggrieved bidder, offeror, or contractor. Costs not recoverable: Costs incurred by a protesting party, including but not limited to attorney fees, are the sole responsibility of the protesting party. Remedies for Solicitations or Awards in Violation of Law: 1. Prior to bid opening or closing date of receipt of proposals: If prior to the bid opening or the closing date for receipt of proposals, the Purchasing Division Director, after consultation with the City Attorney determines that a solicitation is in violation of federal, state, or municipal law or ordinance, then the solicitation shall be canceled or revised to comply with applicable law. 2. Prior to Award: If after bid opening or the closing date for receipt of proposals, but prior to the intent to award of contract, the Purchasing Division Director 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 proposal award shall be canceled and re-solicited. XVII. TERMINATION FOR CONVENIENCE OR DEFAULT Termination for Convenience 1. The City may terminate performance of work under a contract in whole or in part (the "Work Terminated") if the City determines that such termination is in the City's best interest. Termination of a contract will be in accordance with the governing provisions of the contract under which the work or services are being performed. The Purchasing Division will prepare a certified letter notifying the contractor of termination. The Purchasing Division Director shall notify the City Manager and City Attorney prior to the termination of any contract at or above the competitive solicitation threshold ($75,000). Contractors and subs working for the contractor shall acknowledge within the solicitation package that the City has the right to terminate for convenience without litigation being pursued against the City. Failure to do so will result in a non-award. 2. After receipt of a Notice of Termination, a Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause: A. Stop work as specified in the notice. B. Complete performance of the work not terminated. Termination for Default The City of Boynton Beach may, subject to paragraphs below, by written notice of default to the 55 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 49 Contractor, terminate this contract in whole or in part if the contractor fails to: 1. Perform the services within the time specified; 2. Make progress, so as to endanger performance of this contract; 3. Perform any of the other provisions of this contract. Contractors and subs working for the contractor shall acknowledge within the solicitation package that the City has the right to terminate for default without litigation being pursued against the City. Failure to do so will result in a non-award. XVIII. PROCEDURE FOR PETTY CASH This policy will allow for the procedures to establish and manage a petty cash fund. Policy: The departments have the authority to request a petty cash fund to meet small incidental purchases for facilitating the transaction of City business, such as small purchases that must be made from vendors that do not offer the City credit, postage for special delivery, toll receipts, parking, etc. Petty cash requests will not be authorized for individual purchases that exceed $25. Each department assigned a Petty Cash Fund shall designate a custodian to be responsible for the control of these funds. The employee assigned as custodian will be responsible for controlling the flow of cash in and out of the Petty Cash Fund, making sure proper receipts are obtained for each purchase and assuring that proper forms are obtained for each purchase, and assuring the proper forms are filled out completely and authorizing signatures obtained. The custodian will also be responsible for reconciling the Fund as needed and applying for reimbursement. Each department should also designate one other employee as an alternate custodian. The alternate custodian would assume the custodian responsibilities in the event of the absence of the custodian. Procedures for a petty cash fund are as follows: Establishment of a Petty Cash Fund: A memorandum will be sent to Finance Department requesting a petty cash fund. The memo should be specific providing justification for the fund, the designated custodian of the fund, the alternate custodian, and the dollar amount being requested to establish the fund. Amount established will vary depending on the activity of the department. Petty Cash Payments: When an employee requests reimbursement, or receives an advance, from petty cash the Petty Cash Receipt must be used. This form provides for identification of dollar amount of receipt; reason for purchase; expense code; signature of the employee receiving petty cash; signature of department custodian for petty cash; and signature of department head. Anytime a disbursement is made from petty cash it is required that this form be completed in full. 56 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 50 Petty Cash Reimbursement: Petty cash funds should be reconciled on a weekly basis, or more frequent if needed. Reimbursement request will be submitted to Finance Department on a Direct Payment Requisition with the description stating "Petty Cash Reimbursement". The account codes from the Petty Cash Receipts will be summarized on the Direct Payment Requisition. The Direct Payment Requisition, Petty Cash Receipts, and supporting invoices will be sent to Finance Department for reimbursement of petty cash. Sales tax will be not be paid on Petty cash invoices. The City is tax-exempt and it is the responsibility of the purchaser to properly notify the vendor of the tax-exempt number. Discrepancies in Petty Cash: Any discrepancies in the petty cash fund maintained by the department should be brought to the immediate attention of the Department Head and Director of Finance. If theft is suspected, the Police Department should also be notified. XIX. DISPOSITION OF SURPLUS AND OBSOLETE PROPERTY This policy establishes responsibilities and implements procedures to be followed in the disposition of obsolete and surplus City personal property. These same procedures apply to the disposition of lost, stolen, and abandoned property and confiscated property obtained by the Police Department. Procedure: Release of Custody/Transfer. When the property is no longer of use to a custodian department, the following procedures shall apply: 1. The custodian department shall complete and sign a "Fixed Asset Transfer/Disposition Request" and submit the form to the Warehouse. 2. Warehouse shall so note the condition and disposition of the property on the "Fixed Asset Transfer/Disposition Request". 3. If the property is in usable condition, it shall be placed on a list of currently available surplus property and circulated to all City departments. This list shall be circulated prior to the sale of surplus equipment. 4. Prior to the actual transfer of any surplus property to storage, the requesting department shall obtain approval from the City Manager or Finance Department. Removal from City Asset Inventory List of property is to be auctioned, sold by formal bid, sold for scrap, or thrown away, the following will apply: 1. Prior to the disposition of surplus property, a list of all inventoried property shall be submitted to the Department Director, or designee, for approval. The Materials and Distribution Division will include the recommended method of disposal, which is considered to bring the highest return to the City. 2. The City Manager, or designee, shall have the authority to dispose of the following 57 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 51 property without City Commission approval: 3 All abandoned or unclaimed property coming into the possession of the City. 4. All vehicles and equipment of the City which are scheduled for replacement in the annual budget. 5. All other tangible personal property other than the above with an original purchase price of less than $1000 Vehicles Disposal: All surplus City vehicles designated for disposition will be turned into the Vehicle Service Department. Vehicle Service Department will: 1. Verify that the vehicle is no longer in usable condition to the City and should be released. 2. Prepare a list of vehicles which will include the year of vehicle, make, model, vehicle identification number (VIN), and vehicle number (City assigned number). 3. Verify the title work prior to submitting the list to the Materials and Distribution Department. 4. Complete the processing for disposal utilizing one of the approved disposal methods. 5. Send a completed copy of the "Fixed Asset-Transfer/Disposition Request" to the Materials and Distribution Department for removal of the asset from the inventory records. Approved Disposal Methods: Public City Auction: If the public City auction method of disposal is utilized, the auction shall comply with Florida State Statute, City Ordinance, Resolution, and/or established City Policies. The selection of an auctioneer shall be accomplished through a competitive bid process. If titled vehicles are being auctioned, on the day of the auction, an authorized representative from the Vehicle Service Department shall be present to transfer vehicle registration to the new owner. Vehicle transfer can only take place if the buyer has paid in cash, cashier's check, or certified check. In order to obtain a title for any vehicle that does not have a current valid Emissions Inspection Certificate, each bidder/purchaser must: 1. Show positive proof that they reside in a county that does not have a Motor Vehicle 58 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 52 Inspection Program (MVIP). 2. Purchase a vehicle without a title as "Parts Only" or "Junk" and perform the necessary repairs to qualify and obtain a "rebuilt' title from the State of Florida. All property sold shall be properly identified by the City's fixed asset tag number. One copy of the property disposition shall be submitted to the Finance Department for their records. The City may cooperatively hold auctions with other cities and county governments when such is determined to be in the best interest of the City. Auction House: If considered to be in the best interest of the City, the City Manager or designee may choose to have vehicles and other items sold to the highest bidder at an auction house. Vehicle sales must comply with the above. Sale by Formal Sealed Bid: If the Purchasing Division utilizes this method, it shall comply with the City's Purchasing policies and with respect to the procedures to be followed. Sold for Scrap: If the City Departments utilize this method, it shall be by competitive quotations and in compliance with the City's Purchasing Ordinance with respect to the procedures to be followed. Thrown Away: If the City utilizes this method, it shall first be approved by the City Manager or designee that the property has no recoverable value. The property shall be loaded onto a City truck and taken directly to the County dump. Other Disposition: The City Manager or designee has the authority to approve any other method of disposition of surplus property. XX. LOCAL BUSINESS PREFERENCE To provide locally owned and operated companies a competitive advantage when the City is procuring goods and services. POLICY: To provide an economic incentive to businesses that maintain a physical location in the City and a valid City business tax receipt. 1. Definition of a Local Business. A "Local Business" is any person, firm, partnership, 59 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 53 company, or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one (1) year prior to solicitation and a physical address within the City from which the vendor lawfully performs and operates. Post Office Boxes or locations at a postal service center shall not be used for the purpose of establishing a physical address. Home offices shall be considered as business locations if they otherwise meet all requirements of this Policy. 2. Certification. Any vendor claiming to be a Local Business shall file a Certification Statement with the City's Financial Services Department, Procurement Services. The certification shall be filed prior to or simultaneously with that vendor's response to a Competitive Bid where local preference is permitted. All solicitations by the City shall indicate if a local preference is available. The Financial Services Department, Procurement Services, shall not have an obligation to verify the accuracy of any such certifications and shall have the sole discretion to determine if a vendor meets the definition of a Local Business as provided herein. 3. Qualification selection pursuant to Sealed Competitive Method. A. Competitive Bids. For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue-generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid. B. Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest. 1) For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, as provided in the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. 2) Local Preference shall not be applied when its application would result in an award that exceeds the otherwise lowest responsive, responsible bidder by 5% or $5,000 whichever is lower. 3) For all acquisitions made pursuant to Request for Quotes, Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Procurement Services, consistent with the intent of this Policy. Each such solicitation shall clearly 60 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 54 define the application of the Local Business preference. 4. To the extent practicable, for all acquisitions not made pursuant to the Sealed Competitive Method, City departments and staff are strongly encouraged to utilize Local Businesses if they otherwise meet Purchasing policy requirements. 5. The City Manager or City Commission may decide to allow a project that would normally be competitively bid as a whole to be broken into segments in order to provide opportunities for local vendors. 6. Exclusions. The preferences established herein in no way limits the rights and discretion of the City to evaluate bids and proposals for responsiveness and responsibility; compare the quality of materials and services proposed, or apply other factors that may be relevant to the award decision. Notwithstanding anything to the contrary set forth in any policy adopted by the City, the local business preference shall not be applied to: A. Goods or services provided under a cooperative Purchasing agreement or the utilization of other governmental entities' contracts; B. Contracts for professional services subject to the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes; C. Purchases or contracts which are funded, in whole or in part, by a government entity or other entity or grant program in which the laws, regulations, or policies governing such funding prohibit the application of local preference. D. Purchases under emergency or noncompetitive situations exempt from competition. E. Purchases of goods and/or services in which such preference is prohibited by law, contract, or other regulation applicable to the City. F. Competitive solicitations that have been determined by the City Manager or designee to be in the best interest of the City to waive the local business preference prior to the advertisement of the solicitation. 7. Certification Statement When seeking local business preference status, an applicant must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS (OFFICER OF COMPANY) Under penalty of perjury, I certify: I am an authorized representative of (NAME OF BUSINESS) and on behalf of the business request that it be deemed to be a local business for purposes of the City of Boynton Beach 61 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 55 Local Preference Program. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request, I certify the following information as being true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree the business is required to notify the City in writing should it cease to qualify as a local business. B. CONTRACT ADMINISTRATION To provide guidelines for contract administration within the City of Boynton Beach. PROCEDURE: 1. Contracts are to be submitted with bid specifications to Purchasing for approval within the bidding process. 2. Upon award by the City Commission, contracts will be forwarded to the Department of Administration and any specific user department, if applicable, via the Purchasing Division. Contracts assigned involving a specific user department will be administered by that respective department, and they shall be responsible for full coordination. Multi-user departmental contracts will require the designation of the contract administrator by the City Manager. This designation shall be indicated in the bid specifications. 3. Department of Administration will assume the role of contract administrator for any contracts involving City-wide use unless otherwise designated by the City Manager or designee. 4. The Department of Administration will serve as contract compliance monitor to ensure and assist compliance by both the City and the contractor in all contracts, Name of Business (1) Is the business located within the City limits of Boynton Beach, Florida for at least one (1) year? Yes No Number of Years (2) Does the business have a business tax receipt issued in the current year? Yes No Business License Number (3) Is the business registered with the Florida Division of Corporations? Yes No 62 S:\Procurement Srvs\Procurement Procedures - 08.06.2025 56 excluding construction, and the Utility Department. A. Compliance check sheets will be designed and utilized by the Department of Administration to confirm specific criteria of the contract are being met in accordance with the agreement. B. User departments assigned as contract administrators will be responsible for the execution of the provisions of the contract. The compliance monitoring role assumed by the Department of Administration will serve only as an additional check for compliance and will not be considered as the responsibility for any requirements dictated in the delivery of services governed by the contract. 5. The Purchasing notification for renewal or re-bid will remain as it has in the past. DEVELOPED BY: Procurement Services EDITED BY: PURCHASING DIRECTOR – August 6, 2025 EFFECTIVE DATE: August 6, 2025 Daniel D. Dugger, City Manager 63 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: September 18, 2025 NEW BUSINESS AGENDA ITEM 9.D SUBJECT: Discussion and Consideration of the Executive Director Position SUMMARY: At the September 9, 2025, CRA Board Meeting, the Boynton Beach CRA Board requested an agenda item at the September 18, 2025, Special Joint Meeting, to discuss all available options for filling the role of Executive Director at the CRA. Options and potential discussion items include consideration of responses to the Request for Proposals for Executive Director Services (RFP), consideration of Kris Mory, and consideration of any other legal option to fill the role that may exist at the time of the discussion. Responses to the RFP will be made available to the public upon request beginning on September 16, 2025, which is the day after such responses are due to be submitted CRA BOARD OPTIONS: To be determined based on Board direction. 64