Title
An Ordinance Of The City Of Hollywood, Florida, Amending Chapter 30 Of The Code Of Ordinances Entitled City Policies, Generally; Amending Chapter 38 Of The Code Of Ordinances Entitled Finance To Modify Sections Relating To Budget, Procurement, Finance, And Economic Development; Providing For A Severability Clause, A Repealer Provision, Codification, And An Effective Date.
Strategic Plan Focus
Financial Management & Administration
Body
Staff Recommends: Approval of the attached Ordinance.
Explanation:
There are multiple revisions and clarifications to the Ordinance, with the most important as set forth by section as follows:
CHAPTER 30
§ 30.15(F) - CONE OF SILENCE
1. Deleted in its entirety; cone of silence now revised and incorporated into § 38.54.
CHAPTER 38 - MOST SIGNIFICANT REVISIONS
§ 38.02 - FEES COLLECTED
2. Moved to § 38.75
§ 38.03 - PROHIBITION OF PRICE GOUGING
1. Moved to §38.55
2. Removes reference to costs related to 1992 (post Hurricane Andrew)
§ 38.04 - NUISANCE ABATEMENT
1. Moved to §38.77
2. Revises to reflect cessation of collection by County Tax Collector
§ 38.10 - APPROPRIATIONS
1. Revises to provide for Budget Director responsibility, clarify City Manager role in budget process.
2. Substitutes current terminology for archaic use.
§ 38.11 - TRANSFER OF FUNDS
1. Provides clarification of limits of City Manager authority.
§ 38.25 - AUDITS
1. Moved to 38.78
§ 38.26 - ACCOUNTS OF CITY OFFICIALS
1. Deleted, obsolete.
§ 38.37 - DEFINITIONS
1. Expands to add further definitions
2. Adds specific definitions to be in compliance with federal procurement guidelines when procurement is done with federal funding.
§ 38.38 - APPROVAL AUTHORITY
1. Standardizes CPO approval authority to $50,000.
2. Clarifies aggregate vendor spending threshold requiring Commission approval over $100,000 annually to exclude amounts previously authorized by City Commission.
§ 38.40 - CHIEF PROCUREMENT OFFICER
1. Updates CPO authority to delegate to departments and offices under the informal bid/proposal process a limit of $10,000 instead of $2,500 using open market procedures.
§ 38.41 - COMPETITIVE SOLICITATIONS & EXCEPTIONS
1. Standardizes competitive procurement threshold at $10,000.
2. Clarifies for use of competitive informal bid/proposal process when formal competitive process is not practicable within amount-based limitations between $10,000 to $100,000.
3. Adds language clarifying federally funded contract provisions.
4. Provides for cooperative purchasing authority.
§ 38.43 - FORMAL SOLICITATION PROCEDURE
1. Standardizes formal solicitation threshold at $100,000 instead of $50,000.
2. Authorizes electronic bid and proposal submissions in place of sealed paper bids
3. Updates bid opening procedures to allow electronic processing
4. Clarifies authority to reject bids and proposals
§ 38.44 - OPEN MARKET PROCEDURE
1. Revises threshold from $50,000 to $100,000.
§ 38.46 - DISPOSITION OF CITY PROPERTY, EXCLUDING REAL PROPERTY
1. Retitled from “Surplus Stock”.
2. Revises threshold from $50,000 to $100,000 governing surplus property as related to sale in conformance with §38.44.
§ 38.47 - PUBLIC-PRIVATE PARTNERSHIPS
1. Was previously Cooperative Purchasing; which was moved to §38.41.
2. Adds a new section to the City Code to govern Public-Private Partnerships, also known as “P3”s. Sets forth the policy and intent, certain definitions, the procurement procedures, treating non-qualifying unsolicited proposals, interim agreements, comprehensive agreements, fees, powers and duties of the private entity, and expiration or termination of agreements.
§ 38.48 - CHANGE ORDERS
1. Clearly delineates CPO’s authority, City Manager Authority, and City Commission Authority
2. Adds that contingency funds allocated in contracts approved by resolution of the City Commission may be used for change orders without further approval by the City Commission.
§ 38.49 - TERMINATION, EXTENSION AND RENEWAL OF CONTRACTS
1. Clearly delineates CPO’s authority, City Manager authority, and City Commission authority related to termination
2. Clearly delineates CPO’s authority, City Manager authority, and City Commission authority related to renewals of contracts and maximum number of renewals.
§ 38.50 - PURCHASES OF REAL PROPERTY
1. Adds language to ensure compliance with federal guidelines when using CDBG funding in real property acquisitions.
§ 38.51 - PREFERENCES FOR LOCAL BIDDERS
1. Adds HVAC maintenance, plumbing, roofing, carpentry, pest control and handyman services to already existing electrical, fencing, janitorial, landscaping, painting, sprinkler/irrigation, welding, automotive and printing services as included in set-aside bid eligible services.
§ 38.52 - PROTESTS
1. Prohibits the relative weighting of evaluation criteria or a formula for assigning points set forth in a solicitation from being protested.
2. Increases the bid deposit required for a protest from $3,500 to $5,000.
§ 38.54 - CONE OF SILENCE
1. This section transferred here from § 30.15 Lobbyist/vendor regulations; deleted in its entirety from that previous section of the Code.
2. Revises and defines who is governed by the restriction of the Cone of Silence.
3. Provides that the City Commission, which is included in the Cone of Silence, may remove itself from the restrictions of the Cone of Silence on any solicitation by a majority vote at a duly noticed public meeting of the City Commission.
4. Revises the date of termination of the Cone of Silence to the execution of a fully signed contract or agreement, the rejection of all bids or responses, or until the City otherwise takes action to explicitly end the solicitation or other procurement process.
5. Delineates permitted communications from the vendor or vendor’s representative.
6. Establishes the penalties for violation of the Cone of Silence.
7. Sets forth the procedure for evaluation of a claim of violation of the Cone of Silence, and the roles and responsibilities of a committee to be established to review such claim and the City Manager.
8. Adds debarment as one of the possible penalties for a violation of the Cone of Silence.
9. Establishes an appeal process for a vendor or vendor’s representative who is determined to have violated this section.
§ 38.55 - PROHIBITION OF PRICE GOUGING
1. This section transferred under the Procurement section of the Code from the general finance sections of the Code.
2. Revises the baseline cost to be used as a comparison point for what appears to be an exorbitant amount as the cost or price prior to a declaration of a state of emergency impacting the City. The previous language specifically set a date related to the time period previous to Hurricane Andrew, and therefore was outdated.
§ 38.62 - OPEN SPACE AND RECREATIONAL TRUST FUND AND ACCOUNT
1. This section is deleted; obsolete.
§ 38.76 - DIRECTOR OF THE DEPARTMENT OF FINANCIAL SERVICES; POWERS AND DUTIES
1. Revises and updates language for clarity and accuracy throughout this section.
2. Changes requirement for a report to the City Commission of a statement providing information on budget to actual receipts and disbursements from monthly to quarterly for feasibility purposes.
3. Removes references to divisions no longer in existence.
§ 38.77 - NUISANCE ABATEMENT SPECIAL ASSESSMENT PROCESS
1. Transferred this section under the Department of Financial Services from section 38.04, General Provisions.
2. Updates the section to address the cessation by the Broward County Tax Collector’s Office of providing the service of collecting nuisance abatement fines on the tax bill; other minor modifications.
§ 38.90 - ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION REGULATIONS
1. This section has been deleted in its entirety. A referendum must occur every ten years to keep the program active, and the last authorizing legislation in the City occurred in 1995, which means this section has been obsolete since 2005.
§ 38.91 - LOCAL ALTERNATIVE ECONOMIC DEVELOPMENT INCENTIVE PROGRAM
1. Revises language for clarity throughout. In general, revises criteria for participation to enable more businesses to be eligible.
2. Stipulates information that must be included in any resolution brought forward to the City Commission for its consideration of an application for participation in the program.
3. Adds a new provision for a staff report containing delineated information to be provided to the City Commission prior to its consideration of an application in the program.
4. Adds language to requiring participants to provide a written certification to ensure compliance with State regulations governing exclusion of DEI education and related and related prohibitions.
5. Adds language to define target areas.
6. Adds a provision for a small business track to expand eligibility to participate in the program.
Fiscal Impact:
There is no immediate fiscal impact from the revisions to Chapter 38 as outlined above. There may be some fiscal impacts in the future as certain sections are implemented, for example, if the new economic development program criteria results in successful applications for those programs. In each such instance, a resolution would be brought forward to the City Commission which would identify the fiscal impact of that immediate resolution. Similarly, if a project is submitted through the P3 process, there could be fiscal impact to the City but that would be set forth in the resolution requesting approval for the award of the P3 project, and likewise for other sections of this ordinance.
Recommended for inclusion on the agenda by:
David E. Keller, Special Projects Administrator, City Manager’s Office
Duncan Brown, Jr., Director, Office of Budget and Strategy
Steve Stewart, Director, Office of Procurement and Performance Management
Stephanie Tinsley, Director, Department of Financial Services
Adam Reichbach, Deputy City Manager