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.
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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.
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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.
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•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
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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.
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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
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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.
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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
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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
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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
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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
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$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
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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.
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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).
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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-
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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:
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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
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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.
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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
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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
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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,
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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
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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
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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
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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
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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.
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