A Vendor Guide Doing Business with the City of Palm Bay

A Vendor Guide Doing Business with the City of Palm Bay Welcome to the City of Palm Bay! The Procurement function of the City of Palm Bay is vitally important to those of us within the municipality and to all our citizens who are concerned with the prudent and honest expenditure of public funds. Procurement, for and by the City of Palm Bay, must be conducted fairly with opportunity given to all who desire to participate in the procurement process. This can only be accomplished when all participants completely understand the rules, regulations and procedures that are utilized by the City. This guide provides a basic outline of those rules, regulations and procedures answering some of the more common questions about doing business with the City of Palm Bay. After reading this guide, you should have a better understanding of how the City purchases supplies and services. Additional detailed requirements are contained in the City s Code of Ordinance Chapter 38, and the City s Procurement Manual. If you have any questions, please feel free to contact the Procurement Department at (321) 952-3424 for clarification and information. Sincerely, Bobbye Marsala Bobbye Marsala, CPPO, CPPB, C.P.M. Chief Procurement Officer City of Palm Bay, Florida We hope your business experience with the City of Palm Bay is a pleasant one! Please feel free to let us assist you in any way possible. Updated April 5, 2017 Page 1 of 12

SECTION I: GENERAL INFORMATION A. PURPOSE The purpose of this guide is to acquaint you with procedures used for procurement by the City of Palm Bay. If you have additional questions that are not answered in this guide, please call for clarification, or to make an appointment at (321) 952-3424. The Procurement Department office is located at 120 Malabar Road, SE, Suite 200, Palm Bay, Florida, 32907. B. PROCUREMENT PROCEDURES Procurement procedures for the City of Palm Bay include requirements to: 1. provide for the fair and equitable treatment of all persons interested in the City s procurement practices, 2. maximize the purchasing value of public funds through various methods of procurement, 3. assure adherence to all laws, regulations, processes and procedures related to City procurement, and 4. obtain goods and services in a timely manner to meet departmental needs. C. WHO PURCHASES FOR THE CITY OF PALM BAY The City of Palm Bay has centralized procurement authority through the Procurement Department. All purchase orders issued and contracts for purchases of all supplies and services are processed through Procurement. The responsibility to obtain verbal/written quotations under the City s more formal solicitation threshold amount of twenty-five thousand dollars ($25,000) has been delegated to the individual departments. Therefore, one or more of the City s enduser departments may contact you for price quotations. It shall be unlawful for any City officer or employee to order the purchase of any materials or supplies or make any contract for municipal materials, supplies, or services other than through the Procurement Department, or within the exceptions delineated in the City s Code of Ordinance. Pursuant to Section 38.10 of the Procurement Ordinance, the City shall not be bound by any purchase order or contract made contrary to the provisions hereof. Any such purchase or contract made contrary to the Procurement Ordinance provision may result in disciplinary action taken against the person committing the unlawful act. This section shall not apply to any emergency purchase which is subsequently approved by the City Manager upon City staff justification in writing, stating the reasons the emergency affects life, health or convenience of citizens. SECTION II: GUIDELINES FOR ELIGIBILITY A. REGISTRATION PROCEDURES The City of Palm Bay utilizes electronic on-line services for notification and distribution of its solicitation documents. The City s solicitation information can be obtained: Updated April 5, 2017 Page 2 of 12

1. FREE of charge from Public Purchase: (http://www.publicpurchase.com/gems/palmbay,fl/buyer/public/home). This is one of the on-line vendor registration programs that the City utilizes. Solicitation documents can be downloaded from the Public Purchase website at no charge; however, prospective vendors must complete a one-time initial online registration process to obtain this FREE automatic notification. Please contact Public Purchase at support@publicpurchase.com; or call 801-932-7000 for additional questions about registration. 2. The City also utilizes the on-line services of Demandstar by Onvia (www.demandstar.com). Demandstar generally charges a fee to its members for their services. If you are interested in receiving free notification solely for the City of Palm Bay s solicitation documents, please contact them directly at 1-800-711-1712 with your request. Both companies are responsible for the distribution of the City s solicitation documents and for the maintenance of their automated vendor list. These lists categorize each vendor by commodity codes for the specific supplies or services offered by the vendor. Businesses who have subscribed to either or both vendor lists are notified by e-mail whenever a formal solicitation or end-user departmental written request for quotation has been issued for the supplies or services offered by the vendor. Please visit the City of Palm Bay Procurement Department website at http://www.palmbayflorida.org/procurement for links to both of these sites and for additional information regarding the City s procurement program. Please continue to check our website at www.palmbayflorida.org for additional information for solicitation opportunities. SECTION III: IMPORTANT CONSIDERATIONS FOR VENDORS A. There are five different types of solicitation procedures that are utilized by the City of Palm Bay. They are as follows: 1. Purchase of supplies/services not to exceed $5,000: Use of Purchasing Cards based upon authorization levels previously approved per individual employee where possible. Purchase Requisition/Purchase Order for all other. One (1) or more written or verbal quotes must be solicited and documented by the end-user department. 2. Purchase of supplies/services valued in excess of $5,000 and not exceeding $10,000: These quotations are typically handled by the individual end-user departments. Departments are required to obtain a minimum of one (1) quotation which must be confirmed in writing by the bidder/proposer. Purchase orders are issued for this type procurement. Updated April 5, 2017 Page 3 of 12

3. Purchase of supplies/services valued in excess of $10,000 and not exceeding $25,000: Three or more written quotations must be solicited and documented by the end-user department whenever possible. Purchase orders are issued for this type procurement. 4. Purchase of supplies/services valued in excess of $25,000 and not exceeding $99,999.99: These purchases are processed only through the Procurement Department and require the utilization of a more formal Request for Quotation process. Three (3) or more written quotations will be solicited and documented by the Procurement Department. Purchase orders are issued for this type procurement. Vendors who are registered with the City s on-line solicitation distribution service(s) under the type of commodity code desired will be sent automatic electronic notification as to the availability of a solicitation package. All information is also available for viewing on the City s website as identified above. Copies can also be obtained by contacting Procurement at 321-952-3424. 5. Purchase of supplies/services valued in equal to or in excess of $100,000: These purchases are processed only through the Procurement Department and require the utilization of a formal solicitation process (Invitation for Bid; Request for Proposals, etc.). Vendors who are registered with the City s online solicitation distribution service(s) under the type of commodity code desired will be sent automatic electronic notification as to the availability of a solicitation package. Solicitations for construction services, where required in accordance with Florida Statutes Chapter 255.0525, will be advertised in a local newspaper. The legal advertisement will state the general nature of the supplies/services to be purchased, where the solicitations may be obtained and the time and place of the formal opening. The solicitation information will also be posted on the Legislative Departments official bulletin board which is located in the main lobby at City Hall, 120 Malabar Road, SE, Palm Bay, FL 32907. a. Openings All formal responses will be opened and read publicly by representatives of the Procurement Department whose office is located at 120 Malabar Road, SE, Suite 200, Palm Bay, Florida, 32907. The only information that will be released at that time will be the bidder/proposers name; with the exception of construction solicitations where the bidder/proposers name and the price submitted will be read aloud. In the case of a Request for Qualifications for professional services, there will be no pricing information available; only the name of the proposers will be read aloud. All bids/proposals will be date and time stamped when received by the Procurement Department. Bids/proposals received after the identified time and date will not be accepted. The City of Palm Bay is not responsible for late deliveries or mail delays. The time/date stamp shall be the official authority for determining late submittals. Updated April 5, 2017 Page 4 of 12

Bidders/proposers are not required to attend the openings; however, they are more than welcome. All submittals are electronically retabulated after the opening to confirm prices as submitted. Bids or replies received by an agency pursuant to a competitive solicitation are exempt from Florida Statute Section 119.07(1) and 24(a) Article I of the State constitution until such time as the agency provides a notice of an intended decision or until 30- days after opening the bids, Bids, or final replies, whichever is earlier. Tabulations will also be posted on the City s website and available through its on-line service provider(s). b. Alternate/Equal Offers Whenever the specifications of an article or material is defined by a brand name, the name and model number of a particular manufacturer or vendor, the term "OR EQUAL" is to be implied, unless otherwise indicated in the solicitation document. Any reference to a manufacturer's product either by brand name or limited description is typically used for the purpose of setting a standard for performance, quality, composition, construction or size. If there is any deviation in the packaging, source or quality of the item(s) submitted by bidder/proposers from that requested in the specification, the substitution shall be clearly indicated and literature denoting comparative analysis should be submitted with the offer. c. Changes and Withdrawals of Bids/Proposals A written request for the withdrawal of a bid or proposal or any part thereof may be granted if the request is received by the Chief Procurement Officer prior to the specified time of the solicitation close. Under no circumstances will changes be allowed to submitted bids/proposals after the competitive solicitation close date and time. All bids/proposals submitted will remain in effect until the minimum period of time as specified in the solicitation package has expired. d. A Word About Bonds and Insurance The City of Palm Bay may require bidder/proposer(s) to submit one or both of the following bonds: *PROPOSAL BOND: a firm commitment (deposit) to an offer, typically in the amount of 10% of total amount submitted by the bidder/proposer. This bond will assure that the bidder/proposer will enter into a contract, upon acceptance of their offer by the City of Palm Bay. A bank cashier's check or a certified bank check may be accepted in lieu of a proposal bond. Personal checks or company checks will not be accepted. This proposal bond of the successful bidder/proposer will be forfeited to the City should they fail to accept the award. Updated April 5, 2017 Page 5 of 12

*PERFORMANCE BONDS AND LABOR AND MATERIAL PAYMENT BONDS: bonds executed by the successful bidder/proposer, each typically in the amount of 100% of solicitation/contract price, to protect the City from loss due to the bidder/proposers inability to complete the contract as agreed. The City will retain the bonds until successful completion of the contract to the satisfaction of the City. These bonds will be forfeited to the City should the successful bidder/proposer fail to comply with the terms and conditions as set forth in the solicitation documents. These bonds will be issued by a Surety company who is licensed by the Insurance Department of the State of Florida in favor of the City of Palm Bay. *INSURANCE: The City may require an insurance certificate evidencing insurance coverage as may be required, naming the City as an additional insured. e. Basis of Award Formal contracts are usually awarded 1) for an Invitation for Bid to the lowest and best responsible bidder whose Bid is determined by the City to be in the best interest of the City, or 2) for a Request for Proposals to the responsive and responsible proposer making the "best" offer in accordance with the evaluation criteria stated in the specifications. Evaluation criteria may include price, quality, experience and/or other factors that are relevant to the nature of the supplies or services to be purchased. Proposals are not awarded on the basis of price alone. f. Notification of Award Once offers have been tabulated, evaluated and awarded, a purchase order will be issued to the awarded bidder/proposer, and contract documents, where required, will be processed. Contact will be made with the awarded bidder/proposer only. It is the responsibility of all bidder/proposers to keep abreast on the status of their submittals. Solicitation progress information is regularly posted on the City s website at http://www.palmbayflorida.org/procurement. Automatic notification will be provided by the City s on-line service provider(s). g. Acceptance/Rejection of Offers The City of Palm Bay reserves the right to accept or reject any and all offers and to accept the offer which best serves the interest of the City of Palm Bay. The City may award sections individually or collectively whichever is in its best interest. h. Protest of Award The City of Palm Bay has a protest procedure, of which the requirements are contained in City Code of Ordinance, Section 38.13. An initial summary of the process is provided below. For additional detail, please refer to the Code of Ordinance. Specific criteria and time lines for protest submittal, City staff review and an Updated April 5, 2017 Page 6 of 12

appeal processes are established in the City s Code as well as the Procurement Manual. Any actual or prospective bidder or proposer who is allegedly aggrieved in connection with the solicitation or pending award of a formal contract in the amount of $100,000 or more, the aggrieved bidder or proposer may submit a written protest to the Chief Procurement Officer which will be heard before the City Council. A formal written protest must be submitted no later than 5:00 p.m., local time, within five business days after posting of the award recommendation. The formal written protest shall: (1) Identify the protestant and the solicitation involved; (2) Include a clear statement of the grounds on which the protest is based; (3) Refer to the statutes, laws, codes, or other legal authorities which the protestant deems applicable to such grounds; and, (4) Request the specific relief to which the protestant deems itself entitled. The City does require a Protest Bond/Fee: The formal protest must be accompanied by a protest application fee/protest bond in the amount of five percent (5%) of the total amount of the recommended purchase award; or if no dollar amount is included in the purchase award recommendation, a protest application fee/protest bond must be in the amount of one thousand five hundred dollars ($1,500.00 ). The maximum (cap) amount of the protest application fee/protest bond for any protest shall be five thousand dollars ($5,000.00 ). The protest application fee/protest bond must be in the form of a cashier s check, certified check, or an attorney s trust account check payable to the City of Palm Bay. Cash is not acceptable. The protest procedures shall be the sole remedy for challenging a competitive solicitation. Any and all costs incurred by a protesting party in connection with a protest pursuant to the Ordinance shall be the sole responsibility of the protesting party. Bidders and proposers are prohibited from attempts to influence, persuade or promote through any other channels or means. Such attempts shall be cause for suspension in accordance with Section 35.093 of this Ordinance. i. Special Purchases The City may waive the formal solicitation and advertising process in certain circumstances. A general representation of some of these items is as follows. More detail can be found the City Code of Ordinance Section 38.06. Updated April 5, 2017 Page 7 of 12

In the event of an emergency affecting the public's health, safety and welfare; for sole source items which cannot be obtained through a competitive process; when in its best interest, the City may purchase supplies and/or services from contracts and/or agreements awarded by other governmental agencies; when standardization is determined to be in the City s best interest; when the City joins with other governmental entities in a cooperative purchasing effort; sales tax recovery programs in conjunction with construction project awards; utilities; subscriptions; memberships, advertising; medical; real estate and various professional services. B. COMPLETED SOLICITATION OR QUOTATION FORMS Offers must be submitted on the solicitation form that is provided by the City of Palm Bay. The forms will typically be in the format of an Invitation for Bid (IFB), Request for Proposal (RFP) or a Request for Quotation (RFQ). These forms must be signed, and returned to the appropriate requestor. If a vendor cannot provide the items as requested, they should respond with the provided REASON FOR NO RESPONSE form and identify the reason for their "NO RESPONSE". In the case of a difference between a unit price and an extended total, the unit price shall govern. An authorized agent of the company must sign their submittal, or it will be subject to rejection. C. SAMPLES When samples are requested, they will be held until after the award is made unless otherwise specified. If a vendor wishes to submit a sample of his product for trial, the product must be presented at no cost or obligation to the City of Palm Bay. If samples are to be returned to the vendor, provisions must be made for the vendor prepayment of shipping charges or pick-up of the materials. Failure of the vendor to make such arrangements will preclude the return of that vendor's samples. D. SUBMITTING A RESPONSE TO A FORMAL SOLICITATION DOCUMENT Responses to all formal solicitations must be properly identified and mailed or delivered to the Office of the Procurement Department, City of Palm Bay, 120 Malabar Road, SE, Suite 200, Palm Bay, Florida, 32907. Submittals must be received prior to the time cited for the opening as identified in the request. Any solicitations received late will not be considered. Receipt by the U.S. Postal Service, or any express mail service, is not recognized as receipt by the City of Palm Bay. E. DELIVERY DATE Bidder/proposers should always state, in their submittal, the number of calendar days required for the delivery of a product after the receipt of an order, or the specific date upon which delivery will be made. The time required for delivery may be a factor in consideration in the award of solicitation. Successful bidder/proposers will be expected to deliver the materials and/or services to be provided within the specified time. Updated April 5, 2017 Page 8 of 12

F. SHIPPING POINT All prices submitted will include delivery, F.O.B. to the department as addressed under the "Requesting Department" on the solicitation document. G. TAX EXEMPT CERTIFICATION The City of Palm Bay is tax exempt. The tax-exempt number is 85-8012646361C- 4. No tax should be included on any invoice to the City of Palm Bay. The City s Federal I.D. Number is 59-6018984. H. CONTRACTOR IDENTIFICATION SECURITY ID All vendors and contractors (to include their employees assigned to the City s projects) who enter into a business arrangement with the City will be required to obtain, at no charge, from the City s Human Resources Department, a security identification badge prior to performance of their awarded contract. This law is established by the City Council through the City Code of Ordinance Title IX, General Regulations, Chapter 97, Public Protection Act. I. LOCAL PREFERENCE In accordance with Ordinance #2016-59, Chapter 38 in the City s Code of Ordinances entitled Procurement Department. Section 38.097 Local Business Price Preference allows for a Local Preference Policy effective October 1, 2016. The Policy includes: Definitions: The term Business shall mean a person, firm, corporation or other business entity which is duly licensed and authorized to engage in a particular work in the State of Florida. Business shall be broken down into four (4) types of classes: a. Class A Business shall mean any Business that has established and agrees to maintain a permanent place of business located in a non-residential zone and staffed with full-time employees within the limits of the City and shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50%) who are residents of the City. b. Class B Business - shall mean any Business that has established and agrees to maintain a permanent place of business located in a non-residential zone and staffed with full-time employees within the limits of the City or shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50%) who are residents of the City. c. Class C Business - shall mean any Business that has established and agrees to maintain a permanent place of business located in a non-residential zone and staffed with full-time employees within the limits of Brevard County. d. Class D Business shall mean any Business that does not qualify as either a Class A, Class B, or Class C business. Provided that: 1) A Business can only qualify for one class preference level; 2) A Business with outstanding liens, fines or violations with the City shall not be eligible to qualify for Class A, Class B, or Class C status; 3) A Business which operates through the use of a post office box, mail house or a residential/home address shall not be eligible to qualify as either a Class A, Class B or Class C Updated April 5, 2017 Page 9 of 12

Business, with respect to the business s location; and 4) The City may require, at the City s discretion, from a Class A or Class B business, evidence of employee s residency through the production of current Florida Drivers Licenses, copies of Brevard County tax bills; current utility bills (i.e. water, electric), or other type of similar documentation that demonstrates that the employee s residence is physically located within the City of Palm Bay. 5) Post office boxes or mail house mailing addresses do not qualify. The term Budget Cost shall mean the estimated cost of the project as determined by the appropriate Department Director and certified to the Chief Procurement Officer prior to the opening of said bid. For multi-year agreements, Budgeted Cost will be calculated on the actual estimated annual expenditure; for one-time purchases, calculation will be based on the current year budgeted amount. Procedures for Granting Local Price Preference in Procurement and Contracting for purchases in excess of $100,000.00 : For awards up to and including five-hundred thousand dollars ($500,000.00): 1) Class A Business five percent (5%) price preference; 2) Class B Business three percent (3%) price preference; 3) Class C Business one and a half percent (1.5%) price preference. For awards greater than five-hundred thousand dollars ($500,000.00) up to and including one-million dollars ($1,000,000.00): 1) Class A Business Three percent (3%) price preference; 2) Class B Business - Two percent (2%) price preference; 3) Class C Business one percent (1%) price preference. The local preference shall not be applied in the following circumstances: 1. The business submits a response that exceeds the projected budget cost; 2. The price bid is in excess of one million dollars ($1,000,000.00 ); 3. State statute, federal law, or applicable county ordinance prohibits the use of local preferences; 4. The work is funded in whole or in part by another governmental entity, and their laws, rules, regulations, grant, or policies prohibit the use of local preferences; 5. Emergency purchases; 6. Sole source purchases; 7. Cooperative purchasing agreements or utilization of other agency contracts; 8. The Chief Procurement Officer, City Manager or City Council has determined that the business is not responsive, not responsible, or otherwise unqualified to perform the work. Updated April 5, 2017 Page 10 of 12

SECTION IV: DELIVERY AND PAYMENT A. DELIVERIES All shipments to the City of Palm Bay must be made to the location designated on the purchase order under the heading SHIP TO. The purchase order number must appear on the shipping or delivery ticket. Failure to meet the specified delivery schedule may result in cancellation of the purchase order. A delivery normally must be made in the exact quantity called for by the purchase order; however, partial deliveries are accepted in some instances. The City of Palm Bay will make payment on partial deliveries when a contract for the commodity or services extends over a long period of time, or a discount is offered on the partial shipment. In the case of any partial delivery, the shipping ticket and invoice must indicate the quantity being delivered, quantity back ordered and the total quantity ordered by the City. B. VENDOR'S INVOICES Vendors should submit an original invoice, and one copy, to: City of Palm Bay, Finance Department, Accounts Payable Division, 120 Malabar Road, SE, Palm Bay, Florida, 32907. Invoices should not be sent to the end-user department or to the Procurement Department. To do so will delay the payment. Invoices must include the City of Palm Bay's purchase order number, complete description of the supplies or services furnished, quantity delivered, unit prices and extensions and prompt payment discount terms if applicable. C. PAYMENT Upon acceptance of work by end-user department of the City, the City shall make payment to the vendors in accordance with the Local Government Prompt Payment Act, Section 218.70, Florida Statues. The City reserves the right, with justification, to partially pay any invoice submitted by the vendors when requested to do so by the end-user City department. The typical sequence of events for invoice payment occur as follows: The vendor will receive payment after: 1) delivery of supplies or services to the requesting Department, 2) acceptance by the City of Palm Bay, 3) submittal of an original invoice and one copy, and 4) the Departmental submittal of an electronic receiving report of which will all be forwarded to the Accounts Payable Division. Payment to the vendor will be made in the amount due by either: by credit card (for those vendors who accept credit card payments), by electronic fund transfer (EFT); or by a check. Checks are mailed to the vendor; at no time will vendors be allowed to pick up their checks from the Finance Department SECTION V: SURPLUS PROPERTY A. The City of Palm Bay s surplus equipment, miscellaneous supplies, furniture, heavy equipment, vehicles and confiscated/forfeiture vehicles will be sold periodically throughout the year as they become available in accordance with the City s Code of Ordinance (Chapter 38.16) and the Procurement Manual. Surplus will be sold, for the most part, via third party online auction. Updated April 5, 2017 Page 11 of 12

B. The City of Palm Bay utilizes two vendors for Auctioneer Services: George Gideon Auctioneers, Inc. www.ggauctions.com Phone: 407-886-2211 or 866-890-5841 2753 N. Orange Blossom Trail (Hwy. 441) Zellwood, Florida, 32798 GovDeals A Liquidity Services Marketplace www.govdeals.com/palmbay Phone: 800-613-0156 Customer Service email: CustomerService@GovDeals.com C. All items are sold to the highest bidder. All property is sold as is and where is. The City makes no warranty or guarantee to the condition, make of manufacturer, model number or operation of any unit of property. D. Police Lost or Abandoned Property and Unclaimed Evidence: Household items, small electronics, cell phones, jewelry, and other abandoned/lost/ unclaimed evidence items that are recovered and processed through the City of Palm Bay s Police Department are sold on line through PropertyRoom.com. These are also posted at the Police Department as they become available. For more information, please visit their website at www.propertyroom.com. Updated April 5, 2017 Page 12 of 12