amending the City Code, Chapter 2, Entitled “Administration”, Article VIII entitled “Procurement Code”, Section 2-607(24), Exemptions; Section 2-685, Competitive Sealed Bidding (formal bid); Section 2-688 Small Purchases; Section 2-689 Sole Sources Procurement; Section 2-690 Sole Source Procurement; Section 2-691 Special Procurement/Bid Waiver; Section 2-763 Contract Award; Section 2-764 Approval of Change Order and Contract Modifications; and Section 2-910 Resolution of Protested Solicitations and Awards - Formal in order to amend certain approval thresholds

PART Ii - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE VIIIl. PROCUREMENT CODE ARTICLE VIll. PROCUREMENT CODE DIVISION 1. GENERALLY Sec. 2-496. Definitions. The following words, terms and phrases defined in this section shall have the meanings set forth below whenever they appear in this article, except where: (1) The context in which they are used clearly requires a different meaning; or (2) Adifferent definition is prescribed for a particular article or provision. Words not defined shall be given the meaning provided under their common and ordinary meaning unless the context suggests otherwise. Addendum means a document that is subsequently issued to add, supplement, delete, modify or clarify any directions, instructions, information, specifications, terms or conditions to a solicitation. Administrative regulations means the regulations promulgated by the city manager to carry out the provisions of this article. Architectural, engineering, landscape architectural, and surveying and mapping services means those | professional services within the scope of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the appropriate Florida Statutes. Award means the acceptance of a bid, offer, or proposal by the city and which is deemed to be in the best interest of the city. Bid means an offer submitted by a prospective vendor in response to an invitation for bids issued by the city. Bid bond means a surety instrument, accompanied by a monetary commitment by which a third party (the surety) accepts liability and guarantees that the bidder will not withdraw the bid, the bidder will furnish bonds as required, and if the contract is awarded to the bonded bidder, the bidder will accept the contract as bid, or else the surety will pay a specific amount. Bid security means a sum of money, which could be in a form of a cashier's check, irrevocable letter of credit, money order or a bond issued by a surety, deposited with a bid or proposal guaranteeing the bidder or offeror will not withdraw the bid or proposal for a specific period of time, will furnish bonds as required, and will accept a contract, if awarded, or forfeit the deposit. Bid waiver means a process, whereby supplies or services may be procured without a formal competitive bidding process when determined to be in the best interest of the city. Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, professional association or any other private legal entity operated for profit or nonprofit. Change order means a written alteration to a contract or purchase order, executed by the city manager, in accordance with the terms of the contract, unilaterally directing the contractor to make changes. Coral Gables, Florida, Code of Ordinances Created: 2026-62-19 11:55:31 [EST) (Supp. No. 23, Update 1) Page 1 of 56 Chief procurement officer means the person holding the position as the director of the finance department of the City of Coral Gables, or the duly authorized designee, assuming the responsibility for procuring supplies, equipment, services and construction, and recommending contract approval by the city manager. City shall refer to the city commission, city manager or chief procurement officer where appropriate. City manager means the city manager or designee. Competitive sealed proposal means a method for acquiring supplies, services or construction, exceeding the formal threshold, that permits discussions and negotiations with responsible offerors, changes and modifications to proposals, and judgmental factors to be used to evaluate the relative merits of competing proposals. Cone of silence is defined to mean a prohibition on: (1) Any communication regarding a particular request for proposals (RFP), request for qualifications (RFQ), invitation for bids (IFB) or any other advertised solicitation between a potential offeror, vendor, service provider, bidder, lobbyist, or consultant and city department heads, their staff, selection committee or evaluation committee members; (2) Any communication regarding a particular request for proposals (RFP), request for qualifications (RFQ), invitation for bids (IFB) or any other advertised solicitation between the city commissioners with city department directors, their staff, selection committee or evaluation committee members. Confidential information means any information which is available to an employee only because of the employee's status as an employee of this city and is not a matter of public knowledge or available to the public on request. Construction means the process of building, altering, repairing, improving, or demolishing any public infrastructure facility, including any public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of any existing public infrastructure facility, including structures, buildings, or real property. Construction shall include any public work or improvement under section 24 of the Charter. Construction manager-at-risk means a construction delivery process allowing the project owner to choose a construction manager who assumes the risk for construction, rehabilitation, or repair of an infrastructure facility at the contracted price as a general contractor and provides consultation to the city regarding construction during and after the design. Contract means all types of city agreements, regardless of what they may be called, for the procurement or disposal of supplies, services or construction. Contract manager means the department director or designee responsible for overseeing and monitoring an agreement for a particular department. Contract modification means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. Contractor means any individual or business having a contract or agreement with a governmental body to furnish goods, services or construction for a certain price. Contractual services includes, but shall not be limited to, all gas, water, electric light and power service; towel, uniform, cleaning (janitorial), pest control, security guard, tree trimming, ground (landscaping) maintenance services; and the leasing, rental, repair or maintenance of equipment, supplies, machinery and other services for or regarding city-owned personal property. Cooperative purchasing means: (1) Procurement conducted on behalf of two or more governmental units; Created: 2026-02-19 11:55:29 [EST) (Supp. No. 23, Update 1) Page 2 of 56 (2) The combining of requirements of two or more governmental units in order to obtain the benefits of volume or bulk purchasing and/or reduction in administrative expenses. Cost-reimbursement contract means a contract that reimburses a contractor for costs that are allowable and allocable under the terms of the contract and the provisions of this article and may include a fee or profit. Data means recorded information, regardless of form or characteristic. Debarment means the exclusion of a person or business from participating in a procurement activity for an extended period of time, as specified by law, because of an illegal or irresponsible action. Department means any office, department, agency, division, commission, board or other entity of the city. Design-bid-build means a project delivery method in which the city sequentially awards separate contracts, the first for architectural and engineering services to design the project and the second for construction of the project according to the design. Design-build means a project delivery method in which the city enters into a single contract with a design- build firm for design and construction of an infrastructure facility. Design-build firm means a partnership, corporation, or other legal entity that is certified under the appropriate Florida Statute, including F.S. § 489.119, to engage in contracting through a certified or registered contractor or a certified or registered building contractor as the qualifying agent; or is certified under the appropriate Florida Statute, including F.S. § 471.023, to practice or to offer to practice engineering; or is certified under the appropriate Florida Statute, including F.S. § 481.219, to practice or to offer to practice architecture; or is certified under the appropriate Florida Statute, including F.S. § 481.319, to practice or to offer to practice landscape architecture. Design criteria package means concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information to permit design-build firms to prepare a bid or response to the city's request for proposals. The design criteria package must specify performance-based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. Design criteria professional means a firm who holds a current certificate of registration under appropriate Florida Statutes, including F.S. ch. 481, to practice architecture, landscape architecture, or a firm who holds a current certificate as a registered engineer under Florida Statutes, including F.S. ch. 471 to practice engineering and who is employed by or under contract with the city for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. Designee means a duly authorized representative of a person holding a superior position. Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. Electronic commerce means conducting business transactions with suppliers and customers electronically. Electronic posting means the posting of solicitations, determinations and other matters related to procurement on a centralized Internet website designated by the city for this purpose. Emergency purchase means a purchase made to alleviate a circumstance threatening the health, welfare, or safety under certain conditions defined as an emergency by the city, that does not allow time for normal, competitive bidding. Creatad: 2026-62.19 11:55:29 [EST] (Supp. No. 23, Update 1) Page 3 of 56 Employee means an individual drawing a salary or other compensation for personal services from the city, whether elected or not, but does not include independent contractors. Excess supplies means any tangible personal property having a remaining useful life but which are no longer required by the using department in possession of the supplies. Financial interest means: (1) Ownership of any interest or involvement in any relationship from which, or as a result of which, a person within the past year has received, or is presently or in the future entitled to receive, more than $1,000.00 per year, or its equivalent; (2) Ownership of five percent in any property or any business; or (3) Holding a position in a business such as an officer, director, trustee, partner, employee, or the like, or holding any position of management. Formal bid means all bids or proposals exceeding $25,600-605100,000.00 requiring a sealed bid or proposal, public opening, or public reading. Governmental unit means any unit or association of units of federal, state or local government, any public authority which has the power to tax, any other public entity created by statute and any other entity which expends public funds for the procurement of supplies, services or construction. Immediate family means a spouse, children, parents, brothers and sisters, and such other relatives as may be designated by the city commission. Informal bid means a competitive bid or price quotation for supplies or services that is conveyed by letter, telephone, form or other means and does not require a sealed bid, public opening, or public reading of bids. Independent contractor means a person doing work for the city for which the city has the right to control or direct the result of the work and not the means and methods of accomplishing the result. No independent contractor may serve on a selection committee unless designated by the city manager and, if so designated, is subject to the same rules, administrative regulations and requirements of this article as applied to city employees. Informality means a minor or immaterial defect in a bid that is matter of form rather than substance; a variation of a bid or proposal from the exact requirements of the solicitation, which can be corrected or waived without being prejudicial to other bidders, and has no material effect on the price, quality, quantity or delivery schedule for the supplies or services. Infrastructure facility means a building, structure, or networks of buildings, structures, pipes, controls, and equipment that provide transportation, utilities, public education, or public safety services. Included are government office buildings,, roads, streets, bridges, utilities, water and wastewater distribution or conveyance facilities, docks, drainage projects, or related types of projects. Invitation for bids (IFB) means all documents, whether attached or incorporated by reference, utilized for soliciting bids. The IFB is used when the city is capable of specifically defining the scope of work for which a contract is required or when the city is capable of establishing precise specifications required under a contract. Job order contract means a firm-fixed price indefinite delivery, indefinite quantity contract for the minor construction, repair, rehabilitation, or alteration of an infrastructure facility. Liquidated damages means a specific sum stated in the contract to be paid by the party who is in default, or who breaches the contract, in settlement for damages. May denotes the permissive. Must denotes the imperative. Offeror means a person submitting an offer in response to a request for proposals or other solicitation. Created: 2026-02-19 11:55:29 (€ST] (Supp. No. 23, Update 1) Page 4 of 56 Payment bond means a certificate issued by a surety guaranteeing payments, as required by law, to all persons supplying labor or material for the completion of work under contract by the successful bidder or offeror. Performance bond means a certificate issued by a surety to a successful bidder or offeror, to protect the city from loss due to the bidder's or offeror's inability to complete and fulfill the contract requirements as agreed. Person means any business, corporation, partnership, individual, union, committee, club, organization, or group of individuals. Piggyback means a form of inter-governmental cooperative purchasing, in which a large public purchaser requests competitive sealed bids and enters into a contract that allows for other public purchasing units to purchase from the selected vendor under the same terms and conditions as itself. Pre-bid conference/pre-proposal conference means a meeting held with prospective bidders or offerors prior to solicitation of bids or proposals, to clarify any ambiguities, answer bidder or offeror questions, and ensure all bidders or offerors have a common basis of understanding regarding the supplies or services required. Procurement means the buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. Procurement/purchase card means a card used for making of purchases of under $5,000.00 $1,000-00-e+less by certain authorized employees in accordance with written procedures. Professional services means services rendered by members of a recognized profession or persons possessing a specialized skill. Such services are generally acquired to obtain advice, information, instruction, training, and direct assistance. Proposal means an executed document submitted by an offeror in response to a request for proposals to be used as a basis for negotiations for entering into a contract. Public notice means the distribution or dissemination of information to interested parties using methods that are reasonably available. Such methods will often include publication in a newspaper of general circulation in the city, electronic or paper mailing lists, and Internet sites designated by the city and maintained for that purpose. Purchase order means the city's official document to formalize and authorize a purchase transaction with a contractor. It should contain a description of supplies and/or services ordered, encumbered funds from specific budget code, applicable terms as to payment, discounts, date of delivery/performance, insurance and other factors or conditions relating to the transaction. Request for proposals (RFP) means all documents, whether attached or incorporated by reference, utilized for soliciting competitive sealed proposals. The RFP is used when it is not practical for the city to specifically define the scope of work for the contract requirements or when requesting that a responsible vendor propose the services to meet the specifications of the solicitation. Request for qualifications (RFQ) means all documents, whether attached or incorporated by reference, utilized for obtaining qualification and performance data, including, but not limited to, financial capability, reputation, experience, and competency. Request for quotations (RFQ) means the document used for seeking competition on small purchases (informal bids); may also be used for obtaining price and delivery information for sole source and emergencies. Requisition means an internal document by which the using department requests the procurement division to initiate a procurement. Responsive bidder means a person who has submitted a bid or that conforms in all material respects to the requirements set forth in the invitation for bids. Created: 2026-62-19 11:55:29 (£ST] (Supp. No. 23, Update 1) Page 5 of 56 Responsible bidder or offeror means a person who has the capability, as determined by the city, in all respects to perform fully the contract requirements, and the experience, capacity, facilities, equipment, credit, integrity and reliability which will ensure good faith performance. Reverse auction means a procurement method wherein bidders, anonymous to each other, electronically submit real-time bids on designated goods or services. Services means the furnishing of labor, time, or effort by a contractor. Shall denotes the imperative. Should denotes the permissive. Signature means a manual or electronic identifier or the electronic result of an authentication technique attached to or logically associated with a record that is intended by the person using it to have the same full force and effect as manual signature (F.S. ch. 668, part |, Electronic Signatures, as amended (F.S. § 668.001 et seq.). Small purchase means any purchase below the mandatory formal bid threshold amount. Sole source means the award for a commodity or service to the only known capable supplier, occasioned by the unique nature of the requirement, the supplier or market conditions. Solicitation means an invitation for bids, request for proposals, request for quotations or any document used to obtain bids or proposals for the purpose of entering into a contract. Specification means any description of the physical or functional characteristics, or of the nature of a supply, service, or construction item; the requirements to be satisfied by a product, material, or process indicating, if appropriate, the procedures to determine whether the requirements are satisfied. Standardization means the process of examining characteristics and needs for items of similar end usage and developing a single specification that will satisfy the need for most or all purchases for that purpose. Statement of work means the detailed description of the work that the city wants the contractor to perform. Supplies means all personal property, including, but not limited to, equipment, materials, and printing; excludes services and real property. Surety means a surety company authorized to do business in this state legally liable for the debt, default, or failure of a bidder, offeror or contractor to satisfy the obligations of a bid or contract. Surplus property means any tangible personal property no longer having any use to the city. This includes obsolete supplies, scrap materials, and nonexpendable supplies that have completed their useful life cycle. Term contract means a contract in which a source of supply is established for a specified period of time for specified services or supplies at an agreed upon unit price. Termination for convenience means an action by which the city, in accordance with contract provisions, unilaterally cancels all or part of the contract work in the best interest of the city, and with no reflection on the contractor's performance. Termination for default means an action by which the city, in accordance with contract provisions, unilaterally cancels all or part of the contract work due to the contractor's failure to perform in accordance with the terms and conditions of the contract. Terms and conditions (T's and C's) means all language in a contract, including applicable standard clauses and special provisions, the rules under which all bids must be submitted, and the stipulations applicable to most contracts, issued by the city. Vendor means one who sells goods or services; a supplier. Created: 2026-62-19 11:55:29 [£ST] (Supp. No. 23, Update 1) Page 6 of 56 {Code 2006, § 2-578; Ord. No. 0-2003-6, § 2(2-405), 2-11-2003; Ord. No. 0-2003-14, § 1(2-405), 4-22-2003; Ord. No. 2003-23, § 2(405), 7-23-2003; Ord. No. 2005-17, § 2(2-405), 8-23-2005; Ord. No. 2005-20, § 2(2-405), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-497. Interpretation. This Code shall be construed and applied to promote its underlying purpose and policies. (Code 2006, § 2-579; Ord. No. 0-2003-6, § 2(2-400), 2-11-2003; Ord. No. 0-2003-14, § 1(2-400), 4-22-2003; Ord. No. 2003-23, § 2(400), 7-23-2003; Ord. No. 2005-17, § 2(2-400), 8-23-2005; Ord. No. 2005-20, § 2(2-400), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-498. Purposes and policies. The underlying purposes and policies of this article are: (1) To provide the City of Coral Gables (hereinafter "city") a unified system of procurement to obtain the highest quality supplies, services and construction contracts as the best possible prices as determined by the city to be in the best interest of the city and its residents. (2) To provide the city a unified procurement system with centralized responsibility that allows for the delegation of purchasing authority; (3) To provide increased economy in city procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds of the city; (4) To obtain in a cost-effective and responsive manner the supplies, services and construction required by city departments in order for those departments to better serve this city's businesses and residents; (5) To provide safeguards for the maintenance of a procurement system of quality and integrity; (6) To provide for increased public confidence in the procedures followed in public procurement; (7) To ensure the fair and equitable treatment of all persons who deal with the procurement system of this city; (8) To simplify, clarify, and modernize the law governing procurement by this city; (9) To foster effective broad-based competition within the free enterprise system; and (10) To permit the continued development of procurement policies and practices. (Code 2006, § 2-580; Ord. No. 0-2003-6, § 2(2-401), 2-11-2003; Ord. No. 0-2003-14, § 1(2-401), 4-22-2003; Ord. No. 2003-23, § 2(401), 7-23-2003; Ord. No. 2005-17, § 2(2-401), 8-23-2005; Ord. No. 2005-20, § 2(2-401), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-499. Supplementary general principles of law applicable. Unless displaced by the particular provisions of this article, the principles of law and equity, including the uniform commercial code of this state, the law merchant, law relative to ethics, contracts, agency business entities, fraud, misrepresentation, duress, coercion, mistake, or bankruptcy shall supplement the provisions of this article. All contracts awarded by virtue of this article, and all procurement by the city pursuant to this article, shall be governed by and construed under the laws of the State of Florida and the local laws of the city. Created: 2026-02-19 11:55:29 [£ST] {Supp. No. 23, Update 1) Page 7 f 56 (Code 2006, § 2-581; Ord. No. 0-2003-6, § 2(2-402), 2-11-2003; Ord. No. 0-2003-14, § 1(2-402), 4-22-2003; Ord. No. 2003-23, § 2(402), 7-23-2003; Ord. No. 2005-17, § 2(2-402), 8-23-2005; Ord. No. 2005-20, § 2(2-402), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-500. Requirement of good faith. This article requires all parties involved in the negotiation, performance, or administration of city contracts to act in good faith. (Code 2006, § 2-582; Ord. No. 0-2003-6, § 2(2-403), 2-11-2003; Ord. No. 0-2003-14, § 1(2-403), 4-22-2003; Ord. No. 2003-23, § 2(403), 7-23-2003; Ord. No. 2005-17, § 2(2-403), 8-23-2005; Ord. No. 2005-20, § 2(2-403), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-501. Application of this article. (a) General application. The provisions of this article apply only to contracts solicited or entered into after the effective date of the ordinance from which this article is derived unless the parties agree to its application to a contract solicited or entered prior to the effective date. (b) Application to procurement. This article shall apply to every purchase/procurement of supplies, services and construction by the city commissioners, the city manager, the city clerk, the city attorney and all city departments/divisions, regardless of the source of funds, including state, federal, county assistance moneys, | except as otherwise specified by law. It shall also apply to the disposal of surplus. Nothing in this article or in the administrative regulations promulgated hereunder shall prevent the city from complying with terms and conditions of any grant, gift, bequest, or cooperative agreement. (c) Federal assistance or contract funds. When the procurement involves the expenditure of federal assistance or contract funds, the procurement, management, and interpretation shall be conducted in accordance with any mandatory applicable federal law and regulations. (d) Authority of city commission. If a bid or proposal other than the lowest and most responsive bid or proposal is considered the most advantageous, it shall be presented to the commission for consideration of award. The commission shall award contracts as it deems necessary in the best interests of the city and may also waive any conditions imposed by the provisions of this article upon a four-fifths vote where it finds such waiver to be necessary in order to proceed with the issuance of a contract, proposal or bid which is in the best interests of the city. (Code 2006, § 2-583; Ord. No. 0-2003-6, § 2(2-404), 2-11-2003; Ord. No. 0-2003-14, § 1(2-404), 4-22-2003; Ord. No. 2003-23, § 2(404), 7-23-2003; Ord. No. 2005-17, § 2(2-404), 8-23-2005; Ord. No. 2005-20, § 2(2-404), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009) Sec. 2-502. Duties of the city attorney. (a) Legal counsel. The city attorney or authorized designee in that office shall serve as legal counsel and shall review and render rulings on legal issues. (b) Legal review. The city attorney shall prepare or review for form and legal sufficiency, all contracts, bonds and other written instruments that require municipal approval or signature. (c) Legal rulings. Rulings by the city attorney shall be reviewable by independent civil action in accordance with the appropriate rules of civil procedure. Created: 2026-02-19 11:55:29 (EST] (Supp. No. 23, Update 1) Page 8 of 56 (Code 2006, § 2-584; Ord. No. 0-2003-6, § 2(2-417), 2-11-2003; Ord. No. 0-2003-14, § 1(2-417), 4-22-2003; Ord. No. 2003-23, § 2(417), 7-23-2003; Ord. No. 2005-17, § 2(2-417), 8-23-2005; Ord. No. 2005-20, § 2(2-417), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Memo. of 9-21-2015) Sec. 2-503. Modifying or altering contract. When it becomes necessary in the opinion of the city manager to make alterations or modifications in a contract or agreement for any supplies, services, construction or improvement, such alterations or specifications shall be made only when authorized by the city commission upon the written recommendations of the city manager, unless such alteration or modification is pursuant to the city manager’s authority specified elsewhere in this article. No such alteration shall be valid unless the price to be paid for the work or material, or both, under the altered or modified contract shall have been agreed upon in writing and signed by the contractor and the city manager prior to such authorization by the city commission. (Compiled Charter § 58; Laws of Fla. ch. 13972(1929), § 55; Code 2006, § 2-585; Ord. No. 2008-27, § 2, 10-28-2008) Secs. 2-504—2-529. Reserved. DIVISION 2. PROCUREMENT ORGANIZATION Subdivision I. In General Secs. 2-530—2-551. Reserved. Subdivision Il. Procurement Division Sec. 2-552. Creation of the procurement division. There is hereby created in the City of Coral Gables the procurement division under the finance department. The former purchasing department shall be hereafter known as the procurement division. (Code 2006, § 2-629; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-553. Centralization of procurement authority; finance department. Except as otherwise provided in this article, all rights, powers, duties, and authority relating to the procurement of supplies and services, and the management, control, sale and disposal of supplies, the purchase, or sale of real property, and the procurement of construction, now vested in or exercised by any department are hereby transferred to the finance department. (Code 2006, § 2-630; Ord. No. 0-2003-6, § 2(2-407), 2-11-2003; Ord. No. 0-2003-14, § 1(2-407), 4-22-2003; Ord. No. 2003-23, § 2(407), 7-23-2003; Ord. No. 2005-17, § 2(2-407), 8-23-2005; Ord. No. 2005-20, § 2(2-407), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009) Secs. 2-554—2-584. Reserved. Created: 2026-02-19 11:55:29 (EST) (Supp. No. 23, Update 1) Page 9 of 56 PART Il - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE VIII. - PROCUREMENT CODE DIVISION 2. - PROCUREMENT ORGANIZATION Subdivision 11 City Manager and Chief Procurement Officer Subdivision lil. City Manager and Chief Procurement Officer Sec. 2-585. Authority. (a) City manager. As the chief administrative officer of the city, the city manager shall have the authority to: (1) Promulgate administrative regulations necessary to implement this article; (2) Perform all duties of the chief procurement officer; (3) Appoint chief procurement officers; (4) Delegate authority to other city departments, as provided in this article; (5) Recommend to the city commission all contract awards in excess of $186,606.665250,000.00 for supplies and services and in excess of $25,000.00 for construction; (6) Recommend to the city commission all change orders and contract modifications that exceed 45-25 percent of the original contract amount for supplies and services and recommend to the city | commission all change orders and contract modifications for construction; (7) Execute on behalf of the city, contracts, agreements, change orders and contract modifications i approved by the city commission; (8) Approve purchases and awards up to $166,066-605250,000.00 for supplies and services and up to $25,000.00 in construction except as otherwise provided in this article; (9) Approve change orders and contract modifications for supplies, and services which do not exceed 2515 percent of the original contract amount; and (10) Approve and sign off on all purchase orders-up-te $100,000.00. (b) Chief procurement officer. Consistent with the provisions of this article and the implementing of administrative regulations, the chief procurement officer, under the supervision of the city manager, shall have the following rights, powers, duties, and authority relating to the procurement of supplies, services and construction for the city, except that under construction contracts, the chief procurement officer shall consult with the public works director: (1) Procure or supervise the procurement of all supplies, services and construction needed by the city; (2) Establish and maintain programs for specification development, contract administration, and inspection, testing and acceptance in cooperation with the departments using the supplies, services and construction; " (3) Determine the lowest or highest responsive and responsible bidder or offeror, as the case may be; (4) Recommend to the city manager all contract awards in excess of $25,600:805100,000.00 for supplies, services and/or construction; (5) Approve all purchases and awards up to $25,696-00$100,000.00 for supplies and services; (6) Issue those purchase orders, change orders, contract modifications and other documents for the purchase of Coral Gables, Florida, Code of Ordinances Created: 2026-02-19 11:55:29 [EST] (Supp. No. 23, Update 1) Page 10 of 56 supplies, services and construction awarded in accordance with the provisions of this article and administrative regulations; (7) Determine the appropriate method of source selection; (8) Standardize, to the extent possible, contract clauses, term and conditions, and documents; (9) Subject to the provisions of this article and administrative regulations, and with the approval of the city manager, adopt operational procedures, which may be amended from time to time; and publish the administrative regulations and operational procedures as a procurement manual; {10) Perform all duties of chief procurement officer, maintain complete and accurate records of all requisitions, solicitations, purchase orders, contracts, change orders, leases, disposition of supplies, determinations and other actions, including any transactions by designees or other departments; (11) Submit an annual report on the operation of the city's procurement system to the city manager, together with recommendations for its improvement; (12) Perform such other duties as may be provided for in other sections of this article, or as directed by the city manager; (13) Approve purchases from current contracts of other governmental units not to exceed $600,000.00, with the exception of motor vehicles, which may be approved without limitation, subject to availability of appropriated funds; (14) Exercise general supervision and control over all inventories of supplies belonging to the city; (15) Transfer, sell, trade or otherwise dispose of surplus supplies belonging to the city; (16) Ensure compliance with this article and the implementation of administrative regulations by reviewing and monitoring procurements conducted by any designee or department delegated authority; (17) Maintain a list of possible sources of supplies, services and construction required by the city; {18) Train and supervise city staff on the procurement of supplies, services and construction in accordance with this article and administrative regulations; {19) Cooperate with the internal auditor and external auditor in the preparation of statistical data concerning the procurement, usage, and disposition of all supplies, services and construction; (20) Require user departments to furnish reports concerning usage, needs, and stocks on hand; (21) Prescribe forms to be used by city departments in requisitioning, ordering, and reporting of supplies, services and construction; and (22) Shall approve and sign off on all purchase orders. (Code 2006, § 2-650; Ord. No. 0-2003-6, § 2(2-408), 2-11-2003; Ord. No. 0-2003-14, § 1(2-408), 4-22-2003; Ord. No. 2003-23, § 2(408), 7-23-2003; Ord. No. 2005-17, § 2(2-408), 8-23-2005; Ord. No. 2005-20, § 2(2-408), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-586. Delegation of authority by the city manager. Subject to the administrative regulations, the city manager may delegate authority to designees or to any department. Said delegated procurements shall be made by the appropriate designee subject to the requirements of this article and the administrative regulations promulgated hereunder. Created: 2026-62-19 11:55:29 [£ST] (Supp. No. 23, Update 1) Page 11 of 56 (Code 2006, § 2-651; Ord. No. 0-2003-6, § 2(2-410), 2-11-2003; Ord. No. 0-2003-14, § 1(2-410), 4-22-2003; Ord. No. 2003-23, § 2(410), 7-23-2003; Ord. No. 2005-17, § 2(2-410), 8-23-2005; Ord. No. 2005-20, § 2(2-410), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Secs. 2-587—2-605. Reserved. Subdivision IV. Organization of Public Procurement Sec. 2-606. Authority to contract for legal services. The city attorney shall perform all legal services required to accomplish the purposes of their office, and shall have the authority to retain outside legal services when such services are necessary due to a conflict of interest under state law, the rules of professional responsibility, where factual circumstances arise where representation of multiple parties may or will create a conflict of interest, or when the city attorney deems it necessary in the best interests of the city. Legal services having a unique, specialized skill or knowledge of an area of legal practice as defined by state law shall be exempt from the competitive sealed proposal provisions of this article. All attorneys retained or employed by the city, regardless of the nature or kind of service performed or the title or designation under which they render legal service for the city, are hereby placed under the direct supervision and control of the city attorney. (Code 2006, § 2-677; Ord. No. 0-2003-6, § 2(2-412), 2-11-2003; Ord. No. 0-2003-14, § 1(2-412), 4-22-2003; Ord. No. 2003-23, § 2(412), 7-23-2003; Ord. No. 2005-20, § 2(2-412), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-607. Exemptions. The following supplies and services are exempted from this article and may or may not be procured through the procurement division: (1) Dues and memberships in trade or professional organizations; (2) Registration fees for trade and career fairs; (3) Subscriptions for periodicals and newspapers; (4) Advertisements; (5) Postage; (6) Expert witnesses, legal services, mediator services, paralegal services; (7) Real property, real estate brokerage and appraising, options of title or abstracts of titles for real property; (8) Title insurance for real property, and other related costs of acquisition or sale of real property; (9) Public utility services from natural or regulated monopolies, including, but not limited to, telephone, electric, water and sewer; (10) Copyrighted materials or patented materials including, but not limited to, technical pampbhlets, published books, maps, testing or instructional materials; (11) Fees and costs of job-related seminars and training; (12) Lectures or seminars by individuals; Created: 2026-0219 11:55:29 [EST] (Supp. No. 23, Update 1) Page 12 of 56 (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) Meeting rooms; Works of art for public places, and art design and conservation services; Graphic design, web design; Hotel accommodations and travel services on city business as provided in administrative regulations 3.05; Purchase of public transportation services; Purchase of tickets for special events, tourist attractions and amusement parks; City sponsored events as authorized in the yearly city budget, and related expenses; Entertainment services (including banquets and similar food services) and, artistic services for city sponsored events; Purchases of motor vehicle license plates from a governmentally regulated monopoly or a government agency; Procurements made through the steering committee process of the South Florida Money Laundering Strike Force; Accreditation programs for city operations; Consultants for professional services with special skills, abilities, expertise or of a technical nature as determined by the chief procurement officer. Contracts for such service not exceeding $25,000-60550,000.00 plus related expenses shall be approved by the chief procurement officer, and with the approval of the city manager if up to $56,006.605100,000.00 plus related expenses. The city manager shall notify the city commission of any contract entered into in excess of $25,000-00550,000.00, not including related expenses, via memorandum within seven business days of the effective date of the contract. Goods and services provided by other governmental entities; University-provided consulting, educational services or cooperative activities. (Code 2006, § 2-678; Ord. No. 0-2003-6, § 2(2-413), 2-11-2003; Ord. No. 0-2003-14, § 1(2-413), 4-22-2003; Ord. No. 2003-23, § 2(413), 7-23-2003; Ord. No. 2005-17, § 2(2-413), 8-23-2005; Ord. No. 2005-20, § 2(2-413), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009; Ord. No. 2018-38, § 2, 9-11-2018; Ord. No. CAO 2020-006, 2-14-2020) Secs. 2-608—2-632. Reserved. Subdivision V. Regulations Sec. 2-633. Promulgations of regulations. (a) Administrative regulations. Consistent with this article, the city manager shall adopt administrative regulations governing the procurement, management, control and disposal of any and all supplies, services and construction procured by the city. (b) Procurement manual. The chief procurement officer shall develop and promulgate a procurement manual in accordance with the applicable provisions of the city procurement code and administrative regulations. Created: 2026-62-19 11:55:29 (£ST] (Supp. No. 23, Update 1) Page 13 of 56 (Code 2006, § 2-700; Ord. No. 0-2003-6, § 2(2-414), 2-11-2003; Ord. No. 0-2003-14, § 1(2-414), 4-22-2003; Ord. No. 2003-23, § 2(414), 7-23-2003; Ord. No. 2005-20, § 2(2-414), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Secs. 2-634—2-654. Reserved. DIVISION 3. SOURCE SELECTION AND CONTRACT FORMATION Subdivision I. In General Sec. 2-655. Cancellations of competitive sealed bids or proposals. An invitation for bids, a request for proposals, or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it is in the best interest of the city in accordance with administrative regulations. The reasons therefore shall be made part of the contract file. (Code 2006, § 2-733; Ord. No. 0-2003-6, § 2(2-426), 2-11-2003; Ord. No. 0-2003-14, § 1(2-426), 4-22-2003; Ord. No. 2003-23, § 2(426), 7-23-2003; Ord. No. 2005-17, § 2(2-426), 8-23-2005; Ord. No. 2005-20, § 2(2-426), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Secs. 2-656—2-683. Reserved. Subdivision Il. Methods of Source Selection Sec. 2-684. Method of source selection. Unless otherwise authorized by law or ordinance, all city contracts shall be awarded by one of the following methods: (1) Section 2-685 (Competitive sealed bidding)—(Formal bids); (2) Section 2-686 (Multi-step bidding); (3) Section 2-687 (Competitive sealed proposals); (4) Section 2-688 (Small purchases)—(Informal bids); (5) Section 2-689 (Sole source procurement); (6) Section 2-690 {(Emergency procurement); (7) Section 2-691 (Special procurements/bid waiver); (8) Section 2-692 (Revenue generating and concession contracts); (9) Section 2-693 (Sole brand procurement); (10) Section 2-694 (Standardization); (11) Section 2-945 (Use of other governmental unit contracts "piggyback"); Created: 2026-02-19 11:55:29 [E5T] (Supp. No. 23, Update 1) Page 14 of 56 (12) Section 2-946 (Contracts with other governmental units); and (13) Section 2-947 (Cooperative purchasing). (Code 2006, § 2-765; Ord. No. 0-2003-6, § 2(2-418), 2-11-2003; Ord. No. 0-2003-14, § 1(2-418), 4-22-2003; Ord. No. 2003-23, § 2(418), 7-23-2003; Ord. No. 2005-17, § 2(2-418), 8-23-2005; Ord. No. 2005-20, § 2(2-418), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009) Sec. 2-685. Competitive sealed bidding (formal bids). (a) Conditions for use. Competitive sealed bidding shall be used for the award of all contracts for supplies, services over $250,0000.00 and construction over $25,000.00, except as otherwise provided for in section 2- 684. (b) Invitation for bids. An invitation for bids shall be issued and shall include specifications and all contractual terms and conditions applicable to the procurement, the time and date for the receipt of bids and of the public opening, and the criteria to be used in determining acceptability of the bid. (c) Public notice. Adequate public notice of the invitation for bids shall be given a reasonable time prior to the date set forth therein for the opening of bids, in accordance with the administrative regulations. (d) Pre-bid conferences. Pre-bid conferences may be held to explain the requirements of the solicitation. (e) Bid opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place stated in the public notice and invitation for bids. The amount of each bid and such other relevant information as may be deemed desirable, together with the name of each bidder, shall be recorded; the record and each bid shall be open to public inspection within the time frame specified in the appropriate Florida Statutes, including the Public Records Act, F.S. ch. 119. (f) Bid acceptance and evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this article. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that will affect bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The invitation for bids shall set forth the evaluation criteria to be used, including past performance. No criteria may be used in bid evaluations that are not set forth in the invitation for bids. (g) Correction or withdrawal of bids; cancellation of awards. Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the city or fair competition shall be permitted. Except as otherwise provided by administrative regulation, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the chief procurement officer after consultation with the city attorney. The bidder who withdraws his or her bid will forfeit his or her bond. {n) Bid evaluation. The chief procurement officer shall recommend to the city manager the lowest responsive and responsible bidder whose bid meets the requirements set forth in the invitation for bids. The chief procurement officer shall consider other factors, in addition to price, when determining the lowest responsive and responsible bidder. These factors include, but shall not be limited to: (1) The ability, capacity, equipment and skill of the bidder to perform the contract. (2) Whether the bidder can perform the contract within the time specified, without delay or interference. Created: 2026-62-19 11:55:29 (£ST] (Supp. No. 23, Update 1} Page 15 of 56 (3) The character, integrity, reputation, judgment, experience, efficiency and litigation history of the bidder. (4) The quality of performance on previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. (6) The sufficiency of the bidder's financial resources to perform the contract or to provide the service. (7) The quality, availability and adaptability of the supplies or contractual services to the particular use required. (8) The ability of the bidder to provide future maintenance and service and the financial impact upon the city to receive such future maintenance and service. (9) The number and scope of conditions attached to the bid. (i) Award. Consistent with the provisions of section 2-763 (Contract award), award shall be made to the responsible offeror whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the city taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. (1) After reviewing the evaluation committee's recommendation, the city manager may: a. Approve the recommendation of the evaluation committee, written notice of which shall be provided to all offerors. Any contract for supplies and services not exceeding £$106,000-005250,000.00 or a contract for construction not exceeding $25,000.00 may be awarded by the city manager. Otherwise, the city manager shall submit the recommendation to i the city commission; b. Reject the evaluation committee's recommendation and instruct the evaluation committee to re- evaluate and make further recommendations; c. Reject the evaluation committee's recommendation and recommend directly to the city commission an alternate responsible offeror, which the city manager determines is most advantageous for the city, without the requirement of a bid waiver; d. Reject all proposals; or e. Recommend to the city commission that all proposals be rejected. (2) After reviewing the city manager's recommendation, the city commission may: a. Approve the city manager's recommendation and authorize contract negotiations; b. Approve the evaluation committee's recommendation and authorize contract negotiations; c. Reject all proposals; d. Reject all proposals and instruct the chief procurement officer to reissue a solicitation; or e. Reject all proposals and instruct the city manager to enter into competitive negotiations with individuals or firms possessing the ability to perform such services and obtain information from said individuals or firms relating to experience, qualifications and the proposed cost or fee for said services, and make a recommendation to the city commission. (Code 2006, § 2-766; Ord. No. 0-2003-6, § 2(2-419), 2-11-2003; Ord. No. 0-2003-14, § 1(2-419), 4-22-2003; Ord. No. 2003-23, § 2(419), 7-23-2003; Ord. No. 2005-17, § 2(2-419), 8-23-2005; Ord. No. 2005-20, § 2(2-419), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009; Ord. No. 2015-22, § 2, 9-8-2015; Ord. No. 2016-14, § 2, 2-23-2016; Ord. No. CAO 2020-006, 2-14-2020) Created: 2026-02-19 11:55:29 [£ST] {Supp. No. 23, Update 1) Page 16 of 56 Sec. 2-686. Multi-step sealed bidding. When it is considered impractical to initially prepare specifications to support an award based on price, a request for qualifications (RFQ) or a request for information (RFI) may be issued requesting submission of unpriced offers to be followed by an invitation for bids or request for proposal (RFP) limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation. (Code 2006, § 2-767; Ord. No. 0-2003-6, § 2(2-420), 2-11-2003; Ord. No. 0-2003-14, § 1(2-420), 4-22-2003; Ord. No. 2003-23, § 2(420), 7-23-2003; Ord. No. 2005-17, § 2(2-420), 8-23-2005; Ord. No. 2005-20, § 2(2-420), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-687. Competitive sealed proposals. (a) Conditions for use. A contract may be entered into by competitive sealed proposals: (1) For procurement of professional services, excluding legal services and architectural, engineering landscape architectural, or surveying and mapping services; (2) For procurement of construction manager-at-risk, design-bid and job order contract project delivery methods specified in division 11 of this article; (3) For procurement of high technology, electronic, software, and system applications that are available from a limited number of sources; or (4) When the chief procurement officer determines that the use of competitive sealed bidding is either not practicable or not advantageous to the city. (b) Request for proposals. Proposals shall be solicited through a request for proposals, which shall include a statement of work or specifications, and all contractual terms and conditions applicable to the procurement. (c) Public notice. Adequate public notice of the request for proposals shall be given a reasonable time prior to the date set forth therein for the receipt of proposals, in accordance with administrative regulations. (d) Pre-proposal conferences. A pre-proposal conference may be held to explain the requirements of the solicitation. (e) Receipt of proposals. Proposals shall be publicly opened in front of one or more witnesses, with only the name of each offeror read and recorded. The record and each proposal shall be open to public inspection within the time frame specified in F.S. ch. 119, Public Records Act. (f) Evaluation. The chief procurement officer shall appoint an evaluation committee. The request for proposals shall state all of the evaluation factors, including the relative importance of price and past performance. The recommendation of the evaluation committee shall be submitted to the chief procurement officer. In the event only one proposal is received, the evaluation committee may proceed with the evaluation, or request the chief procurement officer to reject the proposal, whichever is in the best interest of the city. (g) Discussion with responsible offerors and revisions to proposals. As provided in the request for proposals, and under administrative regulations, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to ensure full understanding of, and responsiveness 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 best and final offers. Created: 2026-02-19 11:55:29 [EST] (Supp. No. 23, Update 1) Page 17 of 56 (h) Award. Consistent with the provisions of section 2-763 (Contract award), award shall be made to the responsible offeror whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the city taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. (1) After reviewing the evaluation committee's recommendation, the city manager may: a. Approve the recommendation of the evaluation committee, written notice of which shall be provided to all offerors. Any contract for supplies and services not exceeding £$100,000-00$250,000.00 or a contract for construction not exceeding $25,000.00 may be awarded by the city manager. Otherwise, the city manager shall submit the recommendation to the city commission; b. Reject the evaluation committee's recommendation and instruct the evaluation committee to re- evaluate and make further recommendations; [ Reject all proposals; or d. Recommend to the city commission that all proposals be rejected. (2) After reviewing the city manager's recommendation, the city commission may: a. Approve the city manager's recommendation and authorize contract negotiations; b. Reject all proposals; c. Reject all proposals and instruct the chief procurement officer to reissue a solicitation; or d. Reject all proposals and instruct the city manager to enter into competitive negotiations with individuals or firms possessing the ability to perform such services and obtain information from said individuals or firms relating to experience, qualifications and the proposed cost or fee for said services, and make a recommendation to the city commission. (3) Renewals may be exercised in accordance with subsection 2-685(i) (Competitive sealed bidding (formal bids)). (Code 2006, § 2-768; Ord. No. 0-2003-6, § 2(2-421), 2-11-2003; Ord. No. 0-2003-14, § 1(2-421), 4-22-2003; Ord. No. 2003-23, § 2(421), 7-23-2003; Ord. No. 2005-17, § 2(2-421), 8-23-2005; Ord. No. 2005-20, § 2(2-421), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-688. Small purchases (informal bids). Any procurement not exceeding the thresholds for competitive bidding in section 2-685 (Competitive sealed bidding), or a lower amount established by administrative regulations, may be made in accordance with small purchase procedures; provided, however, that procurement requirements shall not be artificially divided so as to constitute a small purchase under this section. Procurement/purchase cards may be used by certain authorized employees for purchases of under $5,000.00 $1,000-00-6+tess-in accordance with city procedures and administrative regulations. (Code 2006, § 2-769; Ord. No. 0-2003-6, § 2(2-422), 2-11-2003; Ord. No. 0-2003-14, § 1(2-422), 4-22-2003; Ord. No. 2003-23, § 2(422), 7-23-2003; Ord. No. 2005-17, § 2(2-422), 8-23-2005; Ord. No. 2005-20, § 2(2-422), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Created: 2026-62-19 11:55:29 [EST] (Supp. No. 23, Update 1) Page 18 of 56 Sec. 2-689. Sole source procurement. (a) Conditions for use. A contract may be awarded without competitive bids or proposals when the chief procurement officer, after conducting a good faith review of available sources, determines in writing, pursuant to a written request from a department head, that the contract by its very nature is not suitable to competitive bids or proposals, as there is only one source for the required supply, service or construction item capable of fulfilling the needs of the city. (b) Negotiations. The chief procurement officer shall conduct negotiations, as appropriate, as to price, delivery and terms. (c) Approval and award. Any sole source contract in excess of the formal bid threshold established in section 2- 685(a) (Competitive sealed bidding; conditions for use) shall be approved by the city commission, upon recommendation of the city manager, after a properly advertised public hearing pursuant to administrative regulations. (Code 2006, § 2-770; Ord. No. 0-2003-6, § 2(2-423), 2-11-2003; Ord. No. 0-2003-14, § 1(2-423), 4-22-2003; Ord. No. 2003-23, § 2(423), 7-23-2003; Ord. No. 2005-17, § 2(2-423), 8-23-2005; Ord. No. 2005-20, § 2(2-423), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-690. Emergency procurement. Notwithstanding any other provision of this article, the city manager, or other city official as designated by administrative regulation may make or authorize others to make emergency procurements of supplies, services or construction when there exists an immediate threat to public health, welfare, or safety or to prevent or minimize serious disruption of government services; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. Any emergency procurement in excess of $160,000.00$250,000.00 for supplies and services or $25,000.00 for construction shall be referred to the city commission at their next regularly scheduled meeting for ratification, whenever possible, but must be ratified by the city commission when all the necessary information and documentation has been received by the city manager. (Code 2006, § 2-771; Ord. No. 0-2003-6, § 2(2-424), 2-11-2003; Ord. No. 0-2003-14, § 1(2-424), 4-22-2003; Ord. No. 2003-23, § 2(424), 7-23-2003; Ord. No. 2005-17, § 2(2-424), 8-23-2005; Ord. No. 2005-20, § 2(2-424), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-691. Special procurements/bid waiver. Notwithstanding any other provision of this article, the chief procurement officer may, upon review by the city attorney and approval by the city manager, and with prior public notice, initiate a procurement where the chief procurement officer or city manager determines that an unusual or unique situation exists that makes the application of all requirements of competitive sealed bidding or competitive sealed proposals contrary to the public interest. Any special procurement under this section shall be made with such competition as is practicable under the circumstances. The chief procurement officer may also conduct negotiations, as appropriate, as to price, delivery and terms. A written determination of the basis for the procurement and for the selection of the particular contractor shall be included by the chief procurement officer in the contract file. The city manager shall be authorized to grant special procurements/bid waivers for supplies and services in an amount not to exceed $100,000.00$250,000.00 and on construction contracts not to exceed $25,000.00 subject to public notice requirements in accordance with administrative regulations. All other contracts shall be made only when Created: 2026-02-19 11:55:29 [€ST] (Supp. No. 23, Update 1) Page 19 of 56 authorized by the city commission upon the written recommendations of the city manager, after a properly advertised public hearing pursuant to the administrative regulations. (Code 2006, § 2-772; Ord. No. 0-2003-6, § 2(2-425), 2-11-2003; Ord. No. 0-2003-14, § 1(2-425), 4-22-2003; Ord. No. 2003-23, § 2(425), 7-23-2003; Ord. No. 2005-17, § 2(2-425), 8-23-2005; Ord. No. 2005-20, § 2(2-425), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-692. Revenue generating and concession contracts. Revenue generating and concession contracts, including the assignment, license, sale or transfer of interests in or rights to discoveries, inventions, patents, or copyrightable works, whether tangible or intangible, shall be awarded in accordance with the provisions of this division, except that price shall be evaluated on the basis of the highest bid or offer. Nothing herein shall preclude the use of competitive sealed proposals as a method of source selection wherein price is not the only evaluation criteria. (Code 2006, § 2-773; Ord. No. 2003-23, § 2(425.1), 7-23-2003; Ord. No. 2005-17, § 2(2-425.1), 8-23-2005; Ord. No. 2005-20, § 2(2-425.1), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009) Sec. 2-693. Sole brand procurement. A contract within the award authority of the chief procurement officer may be awarded for supplies, services or construction, limiting competition to a sole brand if the necessity for this brand is certified in writing by the chief | procurement officer and the user department. (Code 2006, § 2-774; Ord. No. 2009-53, § 2, 11-17-2009; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-694. Standardization. The chief procurement officer may recommend to the city commission for purchases equal to or over the mandatory bid amount that any brand or source of supplies of services be standardized as the only brand or source of service or commodity that will be purchased for a particular agency or city-wide. Competition among distributors of a standardized brand will be attained if possible. (Code 2006, § 2-775; Ord. No. 2009-53, § 2, 11-17-2009; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-695. Bid documents. Bid documents become property of the city. All bids and accompanying documentation received from bidders in response to the invitation to bid shall become the property of the city and will not be returned to the bidders. In the event of contract award, all documentation and work product produced as part of the contract shall become the exclusive property of the city. This section is applicable to request for proposal and request for letter of interest documents, which also become property of the city. (Code 2006, § 2-776; Ord. No. 2009-53, § 2, 11-17-2009) Sec. 2-696. Procedure to provide preference to Coral Gables and Miami-Dade County-based vendors in contracts for goods and general services. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Created: 2026-02-19 11:55:29 (€57) (supp. No. 23, Update 1) Page 20 of 56 Bid means a competitive bid procedure established through the issuance of an invitation for bid. The term "bid," as used herein, shall not include requests for proposals, requests for qualifications, requests for quotes and requests for information. Coral Gables-based vendor or business means a bidder or proposer that has a local business tax receipt issued by the city at least one year prior to the bid, which authorizes said vendor to provide the subject goods and/or general services, and has its principal place of business located in the city at which it will provide the goods or perform the general services to be purchased. Post office boxes are not verifiable and shall not be considered as a principal place of business. The chief procurement officer shall administratively resolve any issues relating to a vendor's status as a Coral Gables-based vendor, and his or her decision on whether a vendor is a Coral Gables- based vendor shall be final. Vendors shall affirm in writing their compliances with the foregoing at the time of submission of their bid or proposal to be eligible for consideration as a Coral Gables-based vendor under this section. Miami-Dade County-based vendor or business means a bidder or proposer that has a valid business tax receipt issued by Miami-Dade County at least one year prior to bid or proposal submission, and its principal place of business is located within the limits of Miami-Dade County. The vendor must own or lease the principal place of business and the address or another principal place of business where the owner maintains the appropriate business permits, must have served as the place of employment for at least three full-time employees of the vendor for the continuous period of one year prior to the bid or proposal submission. Miami-Dade County-based vendors who provided goods or services which are exempt from Miami-Dade Business Tax Receipt requirements shall be required to submit documentation, to the City's satisfaction, demonstrating the physical business presence of the firm within the limits of Miami-Dade County for at least one year prior to bid or proposal submission. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a Miami-Dade County-based vendor unless it contributes to the economic development and well-being of Miami-Dade County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities and the support and increase to the County's tax base. Vendors shall affirm in writing their compliance with the foregoing at the time of submission their bid or proposal to be eligible for consideration as a Miami-Dade County-based business under this section. General services means support services performed by an independent contractor requiring specialized knowledge, experience, or expertise. Goods includes, but is not limited to, supplies, equipment, materials and printed matter. Principal place of business means the nerve center or the center of overall direction, control, and coordination of the activities of the bidder. if the bidder has only one business location, such business location shall be its principal place of business. (b) Exemptions. The provisions of this section do not apply to: {1) Purchases or contracts with an estimated cost of $56,606-005100,000.00 or less. (2) Professional services, which are defined, for purposes of this section, as any services where the city is obtaining advice, instruction, or specialized work from an individual, firm, or corporation specifically qualified in a particular area as determined by the Chief Procurement Officer, and also those services procured pursuant to F.S. § 287.055, the Consultants' Competitive Negotiation Act. (3) Bids for the purchase of, or contract for, the construction/renovation of public buildings, facilities, public works, or other public capital construction projects. (4) Goods or services provided under a cooperative purchasing agreement or utilization of other agency contracts (piggyback contracts). Created: 2026-02-19 11:55:30 [ST) (Supp. No. 23, Update 1) Page 21 of 56 (5) Purchases made or contracts let under emergency or noncompetitive situations (sole source, or a special procurements/bid waiver), or for legal services. (6) The business is determined to be unqualified to perform the work as determined by the city. (7) The business submits a bid that exceeds the projected budget. (8) State or federal law prohibits the use of local preferences. (9) The work is funded in whole or in part by a governmental entity where the laws, rules, regulations or policies prohibit the use of local preferences. (c) Preference in purchase of personal property and general services by means of competitive bid. Except where federal or state law, or any other funding source, mandates to the contrary, Coral Gables shall give preference to local businesses in the following manner: (1) Competitive bid. In any competitive bid process where award, if any, is to be made to the responsive and responsible bidder offering the lowest bid (the "low bidder" and "low bid" respectively), the following shall apply: a. Ifthe low bidder is not a Miami-Dade County-based business, then any and all responsive and responsible Miami-Dade County -based businesses submitting a price within five percent of the low bid, the low bidder, and any and all responsive and responsible Coral Gables-based businesses submitting a price within five percent of the low bid, shall have an opportunity to submit a best and final bid which is at least one percent lower than the low bid in accordance with the relevant procurement division regulations. b. Ifthe low bidder is a Miami-Dade County-based business which is not a Coral Gables-based business, then any and all responsive and responsible Coral Gables-based businesses submitting a price within five percent of the low bid and the low bidder shall have an opportunity to submit a best and final bid which is at least one percent lower than the low bid in accordance with the relevant procurement division regulations. c. Awards, if any, shall be made to the responsive and responsible bidder offering the lowest best and final bid. d. Ties in best and final bid scenarios shall be resolved in the following order of priority: Coral Gables-based businesses, Miami-Dade County-based business, another business. e. If no best and final offer is required in accordance with the provisions above, award, if any, shall be made to the lowest responsible and responsible bidder f. If following the application of the rules above, a tie occurs between two or more Miami-Dade Colnty businesses, then they will have the opportunity to proceed to negotiations. The most advantageous negotiated proposers' deal will move forward for award. (d) Preference must be asserted. Any claim of Coral Gables-based or Miami-Dade County-based preference must be asserted by the party seeking it at the time of submission of the bid or proposal. (e) Waiver. The application of the local preference to a particular purchase, contract, or category of contracts for goods and general services may be waived upon written recommendation of the city manager or his or her designee. (Code 2006, § 2-777; Ord. No. 2010-22, § 2, 9-14-2010; Ord. No. CAO 2020-006, 2-14-2020; Ord. No. 2022-61, § 2(Exh. A), 10-25-2022) Created: 2026-02-19 11:55:30 (EST) (Supp. No. 23, Update 1) Page 22 of 56 Sec. 2-697. Sustainable (green) procurement generally. (a) All city departments, whenever practicable, or when specific procurement guidelines have been developed, shall designate environmentally preferable products or services when procuring products or general services. from vendors or contractors. (b) Al city departments, whenever practicable, shall require outside vendors or contractors to use environmentally preferable products or services in the performance of services for the city. (c) The chief procurement officer shall include in the annual report on the operation of the city's procurement system to the city manager, an annual report on the progress of sustainable procurement activities in the city. (Ord. No. 2016-31, § 2(2-778), 6-24-2016; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-698. Procedure to provide a sustainable (green) procurement preference in contracts for environmentally preferable goods and general services. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Bid means a competitive bid procedure established through the issuance of an invitation for bid. The term "bid," as used herein, shall not include requests for proposals (unless specified in the RFP document), requests for qualifications, requests for quotes and requests for information. Environmentally preferable means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, life cycle cost or disposal of the product or service. General services means support services performed by an independent contractor requiring specialized knowledge, experience, or expertise. Goods includes, but is not limited to, supplies, equipment, materials and printed matter. (b) Exemptions. The provisions of this section do not apply to: (1) Purchases or contracts with an estimated cost of $56,000.00$100,000.00 or less. (2) Professional services, which are defined, for purposes of this section, as any services where the city is obtaining advice, instruction, or specialized work from an individual, firm, or corporation specifically qualified in a particular area, and also those services procured pursuant to F.S. § 287.055, the Consultants' Competitive Negotiation Act. (3) Bids for the purchase of, or contract for, the construction/renovation of public buildings, facilities, public works, or other public capital construction projects that are certified under LEED or other approved environmental certifications. (4) Goods or services provided under a cooperative purchasing agreement or utilization of other agency contracts (piggyback contracts). (5) Purchases made or contracts let under emergency or noncompetitive situations (sole source, or a special procurements/bid waiver), or for legal services. (6) The business is determined to be unqualified to perform the work as determined by the city. (7) The business submits a bid that exceeds the projected budget. Created: 2026-02-19 11:55:30 [EST] (Supp. No. 23, Update 1) Page 23 of 56 (c) Preference in purchase of goods or general services. Except where federal, state or county laws, regulations or policies mandates to the contrary, in the purchase of goods or general services by means of a competitive bid, a preference will be given to a responsive and responsible vendor offering environmentally preferable goods and general services, who is within five percent of the lowest responsive responsible bidder, by way of an opportunity of providing said goods or general services for the lowest responsive responsible bid amount. (d) Preference must be asserted. Said five percent sustainable procurement preference must be asserted by the party seeking it at the time of the competitive bid with the submittal of documentation supporting the assertion that a product is an environmentally preferred product or service, and shall be calculated by the procurement division in rating competitive bids. (e) Comparison of qualifications. The preferences established herein in no way prohibit the right of the chief procurement officer, city manager and/or the city commission, as applicable, to compare quality of goods or general services proposed for purchase and compare qualifications, character, responsibility and fitness of all person, firms or corporations submitting bids. Further, the preferences established herein in no way prohibit the right of the city manager and/or the city commission, as applicable, from giving any other preference permitted by law instead of the preferences granted herein. (f) Waiver. The application of the sustainable procurement preference to a particular purchase, contract, or category of contracts in excess of $106,000.605250,000.00 for goods and general services may be waived upon written recommendation of the city manager and approval of the city commission. The application of the sustainable procurement preference to a particular purchase, contract or category of contracts in excess of £56,000-005100,000.00, but not exceeding $166,806-66$250,000.00 may be waived upon written recommendation of the chief procurement officer and approval of the city manager. (Ord. No. 2016-31, § 2(2-779), 6-24-2016; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-699. Procedure to provide buy American preference in contracts for goods and general services. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Bid means a competitive bid procedure established through the issuance of an invitation for bid. The term "bid," as used herein, shall not include requests for proposals (unless specified in the RFP document), requests for qualifications, requests for quotes and requests for information. Buy American preference means and shall apply to the following products and services that are: (1) Manufactured. The term "manufactured" is interpreted to mean to make or process a raw material into a finished product or to turn-out in a mechanical manner; (2) Assembled. The term "assembled” is interpreted to mean to fit or to join parts together into a finished product; (3) Produced. The term "produced" is interpreted to mean to create or make from raw materials. To qualify for this preference, 51 percent of the components of the final produce manufactured, assembled or produced to be sold to the city must be made in the United States. The chief procurement officer shall administratively resolve any issues relating to buy American preferential status, and that decision on whether a vendor is eligible for a buy American preference shall be final. General services means support services performed by an independent contractor requiring specialized knowledge, experience, or expertise. Goods includes, but is not limited to, supplies, equipment, materials and printed matter. Created: 2026-02-19 11:55:30 [EST] (Supp. No. 23, Update 1) Page 24 of 56 (b) (c) (d) (e) U] Exemptions. The provisions of this section do not apply to: (1) Purchases or contracts with an estimated cost of $50,000.005100,000.00 or less. The chief procurement officer and procurement staff will attempt to select products manufactured, assembled or produced in the United States if the quality and price are comparable with other goods. (2) Professional services, which are defined, for purposes of this section, as any services where the city is obtaining advice, instruction, or specialized work from an individual, firm, or corporation specifically qualified in a particular area, and also those services procured pursuant to F.S. § 287.055, the Consultants' Competitive Negotiation Act. (3) Bids for the purchase of, or contract for, the construction/renovation of public buildings, facilities, public works, or other public capital construction projects. (4) Goods or services provided under a cooperative purchasing agreement or utilization of other agency contracts (piggyback contracts). (5) Purchases made or contracts let under emergency or noncompetitive situations (sole source, or a special procurements/bid waiver), or for legal services. (6) The business is determined to be unqualified to perform the work as determined by the city. (7) The business submits a bid that exceeds the projected budget. Preference in purchase of goods or general services. Except where federal, state or county laws, regulations or policies mandates to the contrary, in the purchase of goods or general services by means of a competitive bid, a preference will be given to a responsive and responsible vendor offering American manufactured, assembled or produced goods or general services, who is within five percent of the lowest responsive and responsible bidder, by way of an opportunity of providing said goods or general services for the lowest responsive and responsible bid amount. Preference must be asserted. Said five percent buy American preference must be asserted by the party seeking it at the time of the competitive bid with the submittal of documentation supporting the assertion that a product is American manufactured, assembled or produced, and shall be calculated by the procurement division in rating competitive bids. Comparison of qualifications. The preferences established herein in no way prohibit the right of the chief procurement officer, city manager and/or the city commission, as applicable, to compare quality of goods or general services proposed for purchase and compare qualifications, character, responsibility and fitness of all person, firms or corporations submitting bids. Further, the preferences established herein in no way prohibit the right of the city manager and/or the city commission, as applicable, from giving any other preference permitted by law instead of the preferences granted herein. Waiver. The application of the buy American preference to a particular purchase, contract, or category of contracts in excess of $366,806-605250,000.00 for goods and general services may be waived upon written recommendation of the city manager and approval of the city commission. The application of the buy American preference to a particular purchase, contract or category of contracts in excess of $50,000-005100,000.00, but not exceeding $166,000-00$250,000.00 may be waived upon written recommendation of the chief procurement officer and approval of the city manager. (Ord. No. 2016-30, § 2(2-780), 5-24-2016; Ord. No. CAO 2020-006, 2-14-2020) Secs. 2-700—2-726. Reserved. Subdivision lil. Qualifications and Duties of Contractual Parties Created: 2026-02-19 11:55:30 [EST) (Supp. No. 23, Update 1) Page 25 of 56 Sec. 2-727. Responsibility of bidders and offerors. (a) Determination of non-responsibility. A written determination of non-responsibility of a bidder or offeror shall be made in accordance with regulations. The unreasonable failure of a person to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to such person. (b) If a bidder or offeror who would otherwise have been awarded a contract is found non-responsible, a written determination setting forth the basis of the finding shall be prepared by the chief procurement officer and sent promptly to such party. The final determination shall be made part of the procurement file. (Code 2006, § 2-798; Ord. No. 0-2003-6, § 2(2-427), 2-11-2003; Ord. No. 0-2003-14, § 1(2-427), 4-22-2003; Ord. No. 2003-23, § 2(427), 7-23-2003; Ord. No. 2005-17, § 2(2-427), 8-23-2005; Ord. No. 2005-20, § 2(2-427), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-728. Pre-qualification. Prospective suppliers may be pre-qualified for particular types of supplies, services and construction. The method of submitting pre-qualification information and the information required in order to be pre-qualified shall be determined by the chief procurement officer. Such pre-qualification, however, does not necessarily constitute a finding of responsibility for any particular contract award nor does it guarantee an amount to be awarded. (Code 2006, § 2-799; Ord. No. 0-2003-6, § 2(2-428), 2-11-2003; Ord. No. 0-2003-14, § 1(2-428), 4-22-2003; Ord. No. 2003-23, § 2(428), 7-23-2003; Ord. No. 2005-17, § 2(2-428), 8-23-2005; Ord. No. 2005-20, § 2(2-428), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-729. Substantiation of offered prices. The chief procurement officer may request factual information reasonably available to the bidder or offeror to substantiate that the price or cost offered, or some portion of it, is reasonable. The request for information to substantiate the reasonableness of the price or cost offered is not required when the contract price is: (1) Based on adequate price competition; (2) Based on established catalogue or market price; or (3) Set by law or regulation. (Code 2006, § 2-800; Ord. No. 0-2003-6, § 2(2-429), 2-11-2003; Ord. No. 0-2003-14, § 1(2-429), 4-22-2003; Ord. No. 2003-23, § 2(429), 7-23-2003; Ord. No. 2005-17, § 2(2-429), 8-23-2005; Ord. No. 2005-20, § 2(2-429), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-730. Prohibition on use of expanded polystyrene by city vendors/contractor. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: City contractor means a contractor, vendor, lessee, concessionaire of the city, or operator of a city facility or property. Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but Created: 2026-02-19 11:55:30 [€T] (Supp. No. 23, Update 1) Page 26 of 56 not limited to, fusion of polymer spheres (expandable bead foam), infection molding, foam molding and extrusion- blown moiding (extruded foam polystyrene). Expanded polystyrene containers means plates, bowls, cups, containers, lids, trays, coolers, ice chests, food containers and all similar articles that consist of expanded polystyrene. (b) Prohibited use of expanded polystyrene; penalties. (1) City vendors/contractors shall not sell or use expanded polystyrene within the city or in completing their duties to the city under contract. (2) Aviolation of this section shall be deemed a default under the terms of the city contract, lease or concession agreement. This subsection shall not apply to expanded polystyrene containers used for prepackaged goods that have been filled and sealed prior to receipt by the city vendor/contractor. (3) Any city contract, lease, or concession agreement entered into prior to the effective date of this section shall not be subject to the requirements of this section, unless the city vendor/contractor voluntarily agrees thereto. This section shall not apply to contract extensions where the vendor/contractor has the option. If the city has the option of extension, however, the city manager may consider whether the vendor/contractor complies or is willing to comply with subsection (b){l) of this section in determining whether to extend the contract. (Code 2006, § 2-801; Ord. No. 2016-08, § 3, 2-9-2016) Sec. 2-731. Prohibition on use of single-use plastic beverage straws and single-use plastic stirrers by city contractors. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: City contractor means a contractor, vendor, concessionaire of the city, or operator of a city facility or property. Single-use plastic beverage straw means a tube, intended for only one-time use that is made predominantly of plastic derived from either petroleum or a biologically based polymer, including polymers derived from corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. Single-use plastic beverage straw includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials, such as paper, sugar cane, bamboo, or other similar materials. Single-use plastic stirrer means a device that is used to mix beverages, intended for only one-time use, and made predominantly of plastic derived from either petroleum or a biologically based polymer, including polymers derived from corn or other plant sources. Single-use plastic stirrer includes compostable and biodegradable petroleum or biologically based polymer stirrers and lid plugs (splash sticks), but does not include stirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo, or other similar materials. (b) Prohibited use of single-use plastic beverage straws and single-use plastic stirrers; penalties. (1) City contractors shall not sell or use single-use plastic beverage straws or single-use plastic stirrers within the city or in completing their duties to the city under contract. {2) Aviolation of this section shall be deemed a default under the terms of the city contract, lease or concession agreement. (3) Any city contract, or concession agreement entered into prior to the effective date of this section shall not be subject to the requirements of this section, unless the city contractor voluntarily agrees thereto. Created: 2026-02-19 11:55:30 [€ST] (Supp. No. 23, Update 1) Page 27 of 56 This section shall not apply to contract extensions where the contractor has the option. If the city has the option of extension, however, the city manager may consider whether the contractor complies or is willing to comply with subsection (b)(1) of this section in determining whether to extend the contract. (c) Exceptions. (1) The requirements of this section shall not restrict a city contractor from providing a beverage with, or offering the use of, a single-use plastic beverage straw or single-use plastic stirrer upon request by or for an individual with a disability or medical condition that necessitates the use of a single-use plastic beverage straw or single use plastic stirrer. Such request does not require disclosure of the individual's disability. (2) This prohibition shall not apply to pre-packaged drinks where plastic straws have been attached to or sealed with a beverage container or packaging prior to receipt by a city contractor. (Ord. No. 2019-01, § 2, 1-8-2019) Secs. 2-732—2-758. Reserved. Subdivision IV. Types of Contracts Sec. 2-759. Types of contracts. Subject to the limitations of this section, any type of contract that will promote the best interests of the city may be used, provided that the use of a cost-plus-a-percentage-of-cost is prohibited. A cost-reimbursement contract may be used only when a determination is made in writing that such contract is likely to be less costly to the city than any other type or that it is impracticable to obtain the supplies, services, or construction required except under such a contract. (Code 2006, § 2-824; Ord. No. 0-2003-6, § 2(2-430), 2-11-2003; Ord. No. 0-2003-14, § 1(2-430), 4-22-2003; Ord. No. 2003-23, § 2(430), 7-23-2003; Ord. No. 2005-17, § 2(2-430), 8-23-2005; Ord. No. 2005-20, § 2(2-430), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-760. Multi-year contracts. Except for and in accordance with other provisions of this article and unless otherwise provided by law, a contract for supplies or services may be entered for a period of time deemed to be in the best interest of the city, provided that the term of the contract and conditions for renewal or extension, if any, are included in the solicitation, and funds are available for the first fiscal year at the time of contract award. As established in the city Charter, in no event shall a contract exceed ten years. No contract for supplies shall exceed three years, with all applicable extensions thereof, except when approved by four-fifths vote of the city commission. The contract may stipulate that payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. (Code 2006, § 2-825; Ord. No. 0-2003-6, § 2(2-431), 2-11-2003; Ord. No. 0-2003-14, § 1(2-431), 4-22-2003; Ord. No. 2003-23, § 2(431), 7-23-2003; Ord. No. 0-2003-39, § 2(2-431), 10-21-2003; Ord. No. 2005-17, § 2(2-431), 8-23- 2005; Ord. No. 2005-20, § 2(2-431), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008) Created: 2026-02-19 11:55:30 (EST] (Supp. No. 23, Update 1) Page 28 of 56 Sec. 2-761. Term contracts. The city may award one or more term contracts for the supply of any given class or type of supplies, equipment or services. After term contracts have been awarded, the chief procurement officer shall certify the sources of supply and the contract prices for the various supplies, material, equipment and services so contracted for. City departments shall purchase from term contracts, unless authorized elsewhere in this chapter or the administrative regulations promulgated hereunder. The provisions of section 2-765 (Purchase requests) and section 2-766 (Fiscal responsibility) are not intended to impair or restrict the ability of the city to enter into term contracts. (Code 2006, § 2-826; Ord. No. 2003-23, § 2(431.1), 7-23-2003; Ord. No. 2005-17, § 2(2-431.1), 8-23-2005; Ord. No. 2005-20, § 2(2-431.1), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-762. Contract clauses and administration. (a) Contract clauses. All city contracts for supplies, services and construction shall include provisions necessary to define the responsibilities and rights of the parties to the contract. The chief procurement officer may promulgate operational procedures permitting or requiring the inclusion of clauses covering the following subjects: (1) The unilateral right of the city to order in writing changes in the work within the scope of the contract; (2) The unilateral right of the city to order in writing temporary stopping of the work or delaying performance that does not alter the scope of the contract; (3) Variations occurring between estimated quantities of work in a contract and actual quantities; (4) Defective pricing; (5) Liquidated damages; (6) Specified excuses for delay or nonperformance; (7) Termination of the contract for default; (8) Termination of the contract in whole or in part for the convenience of the city; (9) Suspension of work on a construction project ordered by the city; and (10) Site conditions differing from those indicated in the contract, or ordinarily encountered, except that differing site conditions clause need not be included in a contract: a. When the contract is negotiated; b. When the contractor provides the site or design; or c. When the parties have otherwise agreed with respect to the risk of differing site conditions. (b) Price adjustments. (1) Adjustments in price pursuant to clauses promulgated under subsection (a) of this section shall be computed in one or more of the following ways: a. Byagreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable; b. By unit prices specified in the contract or subsequently agreed upon; Created: 2026-02-19 11:55:30 [£ST] (Supp. No. 23, Update 1) Page 29 of 56 c. By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon; d. Insuch other manner as the contracting parties may mutually agree; or e. In the absence of agreement by the parties, by a unilateral determination by the city of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, subject to the provisions of division 6 of this article (Disputes, legal and contractual remedies). (2) Acontractor shall be required to submit cost or pricing data if any adjustment in contract price is subject to the provisions of section 2-729 (Substantiation of offered prices). (c) Standard clauses. The chief procurement officer, with the approval of the city attorney, may establish standard clauses for use in city contracts. Said standard clauses may be varied as necessary by the finance director when deemed appropriate for the specific solicitation or contract, subject to the review and approval of the city attorney. (Code 2006, § 2-827; Ord. No. 2003-23, § 2(431.2), 7-23-2003; Ord. No. 2005-17, § 2(2-431.2), 8-23-2005; Ord. No. 2005-20, § 2(2-431.2), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-763. Contract award. (a) Any public work or improvement may be executed either by contract or direct labor, as may be determined by the commission. Before authorizing the direct execution of any work or improvement, detailed plan and estimates thereof shall be submitted to the commission by the city manager, and there shall be a separate | accounting as to each work or improvement so executed. All contracts for the execution of public work or improvement for more than $25,000.00 shall be awarded to the lowest and most responsive responsible bidder, after public advertising and competition as may be prescribed by ordinance, but the commission shall have the power to reject all bids and advertise again. All advertisements as to contracts shall contain a reservation of the foregoing rights. Contracts for public work shall be signed by the city manager and city clerk after approval of the commission. (b) Any procurement for supplies, and services that does not exceed $25,000.00$100,000.00 on a single purchase or per annum basis may be awarded by the chief procurement officer. (c) Except as otherwise provided in this article, any procurement for supplies and services that does not exceed $100,000.00$250,000.00 and construction contracts that do not exceed $25,000.00 on a single purchase or per annum basis may be awarded by the city manager. However, the city manager may submit recommendation for award to the city commission for final determination. (d) The city commission, upon recommendation by the city manager, has sole authority to award contracts in excess of $100,000.00$250,000.00 of supplies and services and contracts in excess of $25,000.00 for construction. (Code 2006, § 2-828; Ord. No. 2003-23, § 2(431.3), 7-23-2003; Ord. No. 2005-17, § 2(2-431.3), 8-23-2005; Ord. No. 2005-20, § 2(2-431.3), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-764. Approval of change orders and contract modifications. {a) The city manager may approve change orders or contract modifications for supplies and services that do not exceed 2515 percent of the original contract amount. Created: 2026-02-19 11:55:30 [EST) (Supp. No. 23, Update 1) Page 30 0f 56 (b) The city commission, upon recommendation of the city manager, shall approve change orders or contract modifications that exceed 2515 percent of the original contract amount for supplies, services and all change orders and contract modifications for construction. {c) Any contract, change order or modification shall contain a provision that the price to the city shall not be adjusted to include any sums by which the city finds that such price was increased because the cost or pricing information submitted by the contracting party was inaccurate, incomplete or not current. (d) The city manager, after consulting with the city attorney, may rescind an award or terminate a contract that does not exceed $166,006-665250,000.00 on a single purchase or per annum basis. (e) The city commission, upon recommendation of the city manager, has sole authority to rescind an award or terminate a contract in excess of $106,060-605250,000.00 on a single purchase or per annum basis. (Code 2006, § 2-829; Ord. No. 2003-23, § 2(431.4), 7-23-2003; Ord. No. 2005-17, § 2(2-431.4), 8-23-2005; Ord. No. 2005-20, § 2(2-431.3), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-765. Purchase requests. Except as otherwise authorized in this article or the administrative regulations promulgated hereunder, all purchases, shall be made by submission of a purchase request to the procurement division. Prior to submission to the procurement division, all purchase requests shall be approved by the department head making the request or by an individual authorized by the department head. (Code 2006, § 2-830; Ord. No. 2003-23, § 2(431.5), 7-23-2003; Ord. No. 2005-17, § 2(2-431.5), 8-23-2005; Ord. No. 2005-20, § 2(2-431.5), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-766. Fiscal responsibility. (a) Appropriation of funds. No liability shall be enforceable against the city upon any contract not supported by a previous appropriation, nor shall the city be liable for any services, materials, or supplies furnished to the city or to any department, office or division thereof, the financial requirements of which are to be met out of the proceeds of taxes or other funds controlled by the commission, unless the commission shall previously have made an appropriation therefor. (b) Appropriation of funds for multi-year contracts. In the event that contracts are to extend over a period longer than one year, and which are to be met from current receipts of the city, it shall be lawful for the commission to make appropriation sufficient to answer the requirements of any such contracts for only one year and the contract shall be legal and binding, subject to the above limitations, notwithstanding no appropriation has been made for the ensuing years over which it is to be operative, and it shall be the duty of the commission to make appropriations from year to year as required for the purpose of such contracts. (c} Verification of funds. Prior to the issuance of any purchase order, contract, change order or contract modification, the finance director shall verify that sufficient budgeted funds are available for the current fiscal period. The city may establish by administrative regulation dollar thresholds below which prior verification is not required. (Code 2006, § 2-831; Ord. No. 2003-23, § 2(431.6), 7-23-2003; Ord. No. 2005-17, § 2(2-431.6), 8-23-2005; Ord. No. 2005-20, § 2(2-431.5), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009) Created: 2026-62-19 11:55:30 [EST] (supp. No. 23, Update 1) Page 31 0f 56 Sec. 2-767. Commencement of work. Unless otherwise authorized by the city manager, no work shall be commenced, nor any supplies delivered, under any city contract until all conditions precedent as specified in the contract documents have been met, including, but not limited to: (1) The contract has been duly executed by the city; and (2) The contractor has furnished, where required, certificates of insurance and endorsements, bid security, performance bonds and payment bonds. (Code 2006, § 2-832; Ord. No. 2003-23, § 2(431.7), 7-23-2003; Ord. No. 2005-17, § 2(2-431.7), 8-23-2005; Ord. No. 2005-20, § 2(2-431.7), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-768. Request for authority to enter into an agreement. (a) For all contracts requiring city commission approval, the persons requesting authority shall provide a copy of the draft contract identifying the term, costs, critical dates and timelines, termination provisions, insurance and indemnification, warranties and testing (if applicable), delays and remedies, and notice provisions. (b) For all contracts that do not require city commission approval, the person requesting authority shall provide a copy of the draft contract to the city manager and city attorney identifying the term, costs, critical dates and timelines, termination provisions, insurance and indemnification, warranties and testing (if applicable), delays and remedies and notice provisions. The final approved agreement shall be submitted to the city manager and city clerk for final execution. The department director shall sign the agreement indicating final review and approval of its terms. (c) Al contracts approved by the city commission, which have not been executed by the parties within 120 days from the city commission approval, shall be presented to the city commission at its next available meeting for further review and reconsideration. (Code 2006, § 2-833; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009) Sec. 2-769. Contract administration. (a) The department director or designee shall be the contract manager for each contract for supplies, services, or construction. The contract manager shall comply with the contract administration system designed to ensure that a contractor is performing in accordance with the solicitation under which the contract was awarded, and the terms and conditions of the contract. (b) Al leases which are over 60 days in default shall be reported by the appropriate department director to the city manager and the city attorney. The city manager shall report any default to the city commission. The report shall include a summary of the default and any efforts made by the city to bring the agreement into compliance. (Code 2006, § 2-834; Ord. No. 2003-23, § 2(431.8), 7-23-2003; Ord. No. 2005-17, § 2(2-431.8), 8-23-2005; Ord. No. 2005-20, § 2(2-431.7), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009) Secs. 2-770—2-791. Reserved. Subdivision V. Inspection of Facility and Audit of Records Created: 2026-62-19 11:55:38 [£ST] (Supp. No. 23, Update 1) Page 32 of 56 Sec. 2-792. Approval of accounting system. Except with respect to firm fixed-price contracts, no contract type shall be used unless it has been determined by the chief procurement officer that: (1) The proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated; and (2) The proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles. {Code 2006, § 2-844; Ord. No. 0-2003-6, § 2(2-432), 2-11-2003; Ord. No. 0-2003-14, § 1(2-432), 4-22-2003; Ord. No. 2003-23, § 2(432), 7-23-2003; Ord. No. 2005-17, § 2(2-432), 8-23-2005; Ord. No. 2005-20, § 2(2-432), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-793. Right to conduct inspections and audits. (a) Inspections. The city may, at reasonable times, inspect the part of the plant, place of business, or worksite of a contractor or any subcontractor that is pertinent to the performance of any contract awarded or to be awarded by the city. (b) Audit of cost or pricing data. The city may, at reasonable times and places, audit the books and records of any person who has submitted data in substantiation of offered prices pursuant to section 2-729 (Substantiation of offered prices) to the extent that such books and records relate to that data. Any person who receives a contract, change order, or contract modification for which such data is required, shall maintain such books and records that relate to such cost or pricing data for a period of three years from the date of final payment under the contract. (c) Contract unit. The city shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract. Such books and records shall be maintained by the contractor or subcontractor for a period of three years from the date of final payment. (d) Audit review cycle for contract for supplies and service-in-excess-of $100,000.00, construction contracts irn exeess-of-525,000-00-and leases. Contracts may be audited as deemed necessary by the city. (Code 2006, § 2-845; Ord. No. 0-2003-6, § 2(2-433), 2-11-2003; Ord. No. 0-2003-14, § 1(2-433), 4-22-2003; Ord. No. 2003-23, § 2(433), 7-23-2003; Ord. No. 2005-17, § 2(2-433), 8-23-2005; Ord. No. 2005-20, § 2(2-433), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009) Secs. 2-794—2-824. Reserved. Subdivision VI. Determinations and Reports Sec. 2-825. Determinations. (a) Finality. The determinations required by subsection 2-685(g) (Competitive sealed bidding; correction or withdrawal of bids; cancellation of awards); section 2-689 (Sole source procurement); section 2-690 (Emergency procurement); section 2-691 (Special procurements/bid waiver); section 2-693 (Sole brand procurement); section 2-694 (Standardization); section 2-727(a) (Responsibility of bidders and offerors; determination of non-responsibility); section 2-759 (Cost-reimbursement contracts); section 2-792 (Approval Created: 2026-02-19 11:55:30 (EST] {Supp. No. 23, Update 1) Page 33 of 56 of accounting system); and section 2-1057(b)(2) (Construction manager-at-risk) are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law. (b) Retention. Written determinations required by this article shall be retained in the appropriate official contract file of the contract manager and may be inspected there by the public as permitted by law. (Code 2006, § 2-869; Ord. No. 0-2003-6, § 2(2-434), 2-11-2003; Ord. No. 0-2003-14, § 1(2-434), 4-22-2003; Ord. No. 2003-23, § 2(434), 7-23-2003; Ord. No. 2005-20, § 2(2-434), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009) Sec. 2-826. Reporting of anti-competitive practices. When for any reason, collusion or other anti-competitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the city attorney for investigation and appropriate action. (Code 2006, § 2-870; Ord. No. 0-2003-6, § 2(2-435), 2-11-2003; Ord. No. 0-2003-14, § 1(2-435), 4-22-2003; Ord. No. 2003-23, § 2(435), 7-23-2003; Ord. No. 2005-17, § 2(2-435), 8-23-2005; Ord. No. 2005-20, § 2(2-434), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Secs. 2-827—2-845. Reserved. DIVISION 4. SPECIFICATIONS Sec. 2-846. Duties of chief procurement officer. The chief procurement officer shall prepare, issue, revise, maintain, and monitor the use of specifications for supplies, services and construction required by the city and shall perform all duties required of them by this article or the city manager. (Code 2006, § 2-889; Ord. No. 0-2003-6, § 2(2-436), 2-11-2003; Ord. No. 0-2003-14, § 1(2-436), 4-22-2003; Ord. No. 2003-23, § 2(436), 7-23-2003; Ord. No. 2005-17, § 2(2-436), 8-23-2005; Ord. No. 2005-20, § 2(2-436), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-847. Standardization. The chief procurement officer may establish standard specifications for supply, service or construction items used by several user departments or used repeatedly by one user department when the characteristics of the item remain relatively stable while the frequency or volume of procurements is significant. (Code 2006, § 2-890; Ord. No. 0-2003-6, § 2(2-437), 2-11-2003; Ord. No. 0-2003-14, § 1(2-437), 4-22-2003; Ord. No. 2003-23, § 2(437), 7-23-2003; Ord. No. 2005-17, § 2(2-437), 8-23-2005; Ord. No. 2005-20, § 2(2-436), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-848. Relationship with user department. The department director or designee of the user department shall be the contract manager for each agreement. The chief procurement officer shall obtain advice and assistance from the department director of the Created: 2026-02-19 11:55:30 [€ST] (Supp. No. 23, Update 1) Page 34 of 56 user departments in the development of specifications and may delegate in writing to a user department the authority to prepare and utilize its own specifications. (Code 2006, § 2-891; Ord. No. 0-2003-6, § 2(2-438), 2-11-2003; Ord. No. 0-2003-14, § 1(2-438), 4-22-2003; Ord. No. 2003-23, § 2(438), 7-23-2003; Ord. No. 2005-17, § 2(2-438), 8-23-2005; Ord. No. 2005-20, § 2(2-438), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-849. Maximum practicable competition. All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the city's needs, and shall not be unduly restrictive. The chief procurement officer shall review specifications written by the contract manager of the user departments to ensure that the specifications allow for open and free competition, and that those specifications that eliminate some brands or vendors do so to reasonably meet the needs of the city. The requirements of this section shall apply to all specifications prepared other than by city personnel, including, but not limited to, those prepared by architects, engineers, and designers. (Code 2006, § 2-892; Ord. No. 0-2003-6, § 2(2-439), 2-11-2003; Ord. No. 0-2003-14, § 1(2-439), 4-22-2003; Ord. No. 2003-23, § 2(439), 7-23-2003; Ord. No. 2005-17, § 2(2-439), 8-23-2005; Ord. No. 2005-20, § 2(2-439), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Secs. 2-850—2-876. Reserved. DIVISION 5. SUPPLY MANAGEMENT | Sec. 2-877. Inventory. The chief procurement officer shall exercise general supervision and control over all inventories of property supplies and equipment, including requiring inventory control procedures to be used by user departments and specifying information on reports to be filed by user departments. (Code 2006, § 2-918; Ord. No. 0-2003-6, § 2(2-440), 2-11-2003; Ord. No. 0-2003-14, § 1(2-440), 4-22-2003; Ord. No. 2003-23, § 2(440), 7-23-2003; Ord. No. 2005-17, § 2(2-440), 8-23-2005; Ord. No. 2005-20, § 2(2-440), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-878. Excess supplies. The chief procurement officer, with the permission of the department director, shall have the authority to transfer excess supplies from one department to another. (Code 2006, § 2-919; Ord. No. 0-2003-6, § 2(2-441), 2-11-2003; Ord. No. 0-2003-14, § 1(2-441), 4-22-2003; Ord. No. 2003-23, § 2(441), 7-23-2003; Ord. No. 2005-17, § 2(2-441), 8-23-2005; Ord. No. 2005-20, § 2(2-441), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-879. Disposal of surplus. The chief procurement officer shall be responsible for the sale or disposition of surplus supplies by a method or methods deemed by the chief procurement officer to be most advantageous and in the best interest of the city. The chief procurement officer shall have the authority to sell or dispose of surplus items in any manner authorized by the appropriate Florida Statutes, including F.S. ch. 274, entitled "Tangible Personal Property Owned by Local Created: 2626-2-19 11:55:30 [EST] {Supp. No. 23, Update 1) Page 35 of 56 Governments." All surplus items with an estimated fair market value of $25,600.00$50,000.00 or more must be declared surplus by a resolution of the city commission before the chief procurement officer may dispose of said surplus supplies. (Code 2006, § 2-920; Ord. No. 0-2003-6, § 2(2-442), 2-11-2003; Ord. No. 0-2003-14, § 1(2-442), 4-22-2003; Ord. No. 2003-23, § 2(442), 7-23-2003; Ord. No. 2005-17, § 2(2-442), 8-23-2005; Ord. No. 2005-20, § 2(2-442), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-880. Credit or debit of accounts. The finance department shall submit documentation and the revenue generated on any such transfer, sale, exchange or trade-in from the surplus property. The department that provided the surplus property shall receive credit therefore, on the amount of revenue received, unless it is determined by the finance director that it is in the best interest of the city to credit the general fund. Any department receiving such surplus property shall receive corresponding debit therefor, such credit and debit to be charged to the respective budgets of the departments involved. (Code 2006, § 2-921; Ord. No. 0-2003-6, § 2(2-443), 2-11-2003; Ord. No. 0-2003-14, § 1(2-443), 4-22-2003; Ord. No. 2003-23, § 2(443), 7-23-2003; Ord. No. 2005-17, § 2(2-443), 8-23-2005; Ord. No. 2005-20, § 2(2-443), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Secs. 2-881—2-908. Reserved. DIVISION 6. DISPUTES, LEGAL AND CONTRACTUAL REMEDIES | Sec. 2-909. Solicitations or awards in violation of law. (a) Remedies prior to an award. If prior to contract award, the city manager determines, after consultation with the city attorney, that a solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled or revised to comply with applicable law. (b} Remedies after an award. If after an award the city manager or city commission determines that a solicitation or award of a contract is in violation of law, then: (1) Ifthe person awarded the contract has not acted fraudulently or in bad faith: a. The contract may be ratified and affirmed, provided it is determined that doing so is in the best interests of the city; or b. The contract may be terminated and the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract, plus a reasonable profit, excluding attorney's fees, prior to the termination. (2) Ifthe person awarded the contract has acted illegally, fraudulently or in bad faith: a. The contract may be declared null and void; or b. The contract may be ratified and affirmed if such action is in the best interests of the city, without prejudice to the city's rights to such damages as may be appropriate. (Code 2006, § 2-949; Ord. No. 0-2003-6, § 2(2-446), 2-11-2003; Ord. No. 0-2003-14, § 1(2-446), 4-22-2003; Ord. No. 2003-23, § 2(446), 7-23-2003; Ord. No. 2005-17, § 2(2-446), 8-23-2005; Ord. No. 2005-20, § 2(2-446), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Created: 2026-02-19 11:55:30 [EST] (Supp. No. 23, Update 1) Page 36 of 56 Sec. 2-910. Resolution of protested solicitations and awards—Formal. (a) (b) (c) (d) (e) (g) (h) (i) Right to protest on solicitations. The following procedures shall be used for resolution of protested solicitations. Protest of solicitation. Any actual or prospective bidder or offeror who perceives itself aggrieved in connection with the formal solicitation of a contract or who intends to contest bid specifications or a bid solicitation may file a written protest and pay the required fee with the city clerk's office within three calendar days prior to the date set for opening of bids or receipt of proposals. A notice of intent to file a protest is considered filed when received by the city clerk's office. Protest of award. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder or an offeror who perceives itself aggrieved in connection with the recommended award of contract may file a written protest and pay the required fee with the city clerk's office within three calendar days after notice of the city manager's written recommendation to the city commission for award of contract or whenever the commission acts on the award, whichever is earlier. This shall stay the procurement as prescribed in subsection (h) of this section. A protest is considered filed when received by the city clerk's office. Contents of protest. A written protest based on any of the foregoing must be submitted to the city clerk's office within five calendar days after the date the notice of protest was filed. A written protest is considered filed when received by the city clerk's office. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (j) of this section. This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission at the time of filing the protest shall be permitted in the consideration of the written protest. Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday or legal holiday. Challenges. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. Authority to resolve protests. The chief procurement officer, after consultation with the city attorney, shall issue a written recommendation within ten calendar days after receipt of the written protest. Said recommendation shall be sent to the city manager with a copy to the protesting party. The city manager may then either resolve the protest or reject all proposals. On any protest on a contract for supplies and services not exceeding $306,600-805250,000.00 or a contract for construction not exceeding $25,000.00 the city manager, as authorized in section 2-5856, shall have sole authority to resolve in the best interests of the city. Otherwise, the city manager shall submit a recommendation to the city commission for approval or disapproval thereof. A protest of an award of a contract by the city commission may be filed with the circuit court pursuant to the Florida Rules of Appellate Procedure. Stay of procurement during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the city manager or the city commission as provided in subsection (g) of this section, unless the city manager, after consultation with the head of the user department, the chief procurement officer, and the city attorney, makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare and protect substantial interests of the city. Costs. All costs accruing from a protest shall be assumed by the protestor. Created: 2626-62-19 11:55:31 [EST] (Supp. No. 23, Update 1) Page 37 of 56 () Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $2,500-60$5,000.00, whichever is less. The filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings. If the protest is upheld by the city, the filing fee shall be refunded to the protestor less any costs assessed under subsection (i) of this section. (k) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, or submit the filing fee, with the city clerk's office within the time provided in subsections (b), (c) and/or (d) of this section, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek redress before the city commission or seek judicial relief without first having followed the procedure set forth in this section. (Code 2006, § 2-950; Ord. No. 0-2003-6, § 2(2-447), 2-11-2003; Ord. No. 0-2003-14, § 1(2-447), 4-22-2003; Ord. No. 2003-23, § 2(447), 7-23-2003; Ord. No. 2005-17, § 2(2-447), 8-23-2005; Ord. No. 2005-20, § 2(2-447), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-911. Same—Informal. Protests regarding the purchase of supplies, services, and construction, the estimated cost of which does not exceed $25;900-065250,000.00, shall be governed by administrative regulations. (Code 2006, § 2-951; Ord. No. 2003-23, § 2(447.1), 7-23-2003; Ord. No. 2005-17, § 2(2-447.1), 8-23-2005; Ord. No. 2005-20, § 2(2-447.1), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008) | Sec. 2-912. Authority to debar or suspend. (a) Authority to debar or suspend. After reasonable notice to an actual or prospective contractor, and after reasonable opportunity for said person to be heard, the city manager, after consultation with the chief procurement officer and the city attorney, shall have authority to debar or suspend an actual or prospective contractor for cause from consideration for award of contracts. The debarment shall be for a period of not more than three years. The city manager, after consultation with the city attorney, shall also have the authority to suspend an actual or prospective contractor from consideration for award of city contracts if there is probable cause for debarment, pending the debarment determination. The suspension shall be for a period not to exceed three months. The authority to debar or suspend contractors shall be exercised in accordance with administrative regulations promulgated hereunder. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense as an 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 embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a city contractor. (3) Conviction under state or federal anti-trust statutes arising out of the submission of bids or proposals. (4) Violation of contract provisions, as set forth below, of a character which is regarded by the city manager to be so serious as to justify debarment action: Created: 2026-02-19 11:55:31 (EST) (Supp. No. 23, Update 1) Page 38 of 56 a. Deliberate failure without good cause to perform in accordance with the specifications, terms and conditions or within the time limit provided in the contract; or b. Arecent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment. (5) Repudiation of an offer by failure to provide bid security (if required), bonds, insurance or other required certificates within a reasonable time period. {6) Refusal to accept a purchase order, agreement, or contract, or to perform thereon provided such order was issued timely and in conformance with the offer received. (7) Presence of principals or corporate officers in the business of concern, who were principals within another business at the time when the other business was suspended or debarred within the last three years under the provisions of this section. (8) Violation of the ethical standards set forth in state law and/or local law. (9) Violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (10) Violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (11) Arrears or other default by contractor. (12) Any other cause the city manager determines to be so serious and compelling as to affect responsibility as a city contractor including debarment by another governmental entity for any cause listed in this chapter. (c) Decision to debar or suspend. Subject to the provisions of subsection (a) of this section, the city manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the debarred or suspended person, along with a notice of said party's right to seek judicial relief. A decision to debar and suspend shall be final and conclusive, unless the debarred or suspended person files an appeal with the city commission. A decision by the city commission is final and conclusive. (Code 2006, § 2-952; Ord. No. 0-2003-6, § 2(2-448), 2-11-2003; Ord. No. 0-2003-14, § 1(2-448), 4-22-2003; Ord. No. 2003-23, § 2(448), 7-23-2003; Ord. No. 2005-17, § 2(2-448), 8-23-2005; Ord. No. 2005-20, § 2(2-448), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-913. Resolution of contract disputes. (a) Authority to resolve contract disputes. All claims by a contractor against the city relating to a contract, except protests of a solicitation in accordance with section 2-911, shall be submitted in writing to the city manager. The contractor may request a conference with the city manager on the claim. Claims include, without limitation, disputes arising under a contract and those based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission. The city manager, after consultation with the city attorney, shall have the authority to resolve controversies between the contractor and the city in cases involving an amount less than $166,666-695$250,000.00. When the amount equals or exceeds $100,000.005250,000.00, the dispute resolution must be approved by the city commission upon recommendation by the city manager. Created: 2026-62-19 11:55:31 [EST) (Supp, No. 23, Update 1) Page 39 of 56 (b) Contract dispute decisions. If a dispute in excess of the amounts provided in subsection (a) of this section is not resolved by mutual consent, the city manager shall promptly render a written report stating the reasons for the action taken by the city commission or the city manager, whichever is appropriate, which shall be final and conclusive. A copy of the decision shall be immediately provided to the claimant, along with a notice of such party's right to seek judicial relief, pursuant to the Florida Rules of Appellate Procedure, provided that the claimant shall not be entitled to such judicial relief without first having followed the procedure set forth in this division. (Code 2006, § 2-953; Ord. No. 0-2003-6, § 2(2-449), 2-11-2003; Ord. No. 0-2003-14, § 1(2-449), 4-22-2003; Ord. No. 2003-23, § 2(449), 7-23-2003; Ord. No. 2005-17, § 2(2-449), 8-23-2005; Ord. No. 2005-20, § 2(2-449), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Secs. 2-914—2-944. Reserved. DIVISION 7. COOPERATIVE PURCHASING Sec. 2-945. Use of other governmental unit contracts ("piggyback"). The chief procurement officer may approve any purchases for supplies or services from current contracts of other governmental units, which contracts have resulted from a formal competitive bid process, awarded to the lowest, responsive and responsible bidder meeting specifications, or from current Governmental Services | Administration (GSA) contracts or State of Florida SNAPS agreements. Said purchases not to exceed $600,000.00, and any purchase of motor vehicles, do not require the approval of the city manager or the city commission. Any such purchases which exceed $600,000.00 shall be presented to the city commission for approval and award. (Code 2006, § 2-978; Ord. No. 0-2003-6, § 2(2-450), 2-11-2003; Ord. No. 0-2003-14, § 1{2-450), 4-22-2003; Ord. No. 2003-23, § 2(450), 7-23-2003; Ord. No. 2005-17, § 2(2-450), 8-23-2005; Ord. No. 2005-20, § 2(2-450), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-946. Contracts with other governmental units. Subject to the provisions of section 2-763 (Contract award), the city may enter into an agreement, independent of the requirements of division 3, subdivision Il (Methods of source selection) of this article, with any other governmental unit for the purchase, acquisition or cooperative use of supplies or services. (Code 2006, § 2-979; Ord. No. 0-2003-6, § 2(2-451), 2-11-2003; Ord. No. 0-2003-14, § 1(2-451), 4-22-2003; Ord. No. 2003-23, § 2(451), 7-23-2003; Ord. No. 2005-17, § 2(2-451), 8-23-2005; Ord. No. 2005-20, § 2(2-451), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-947. Cooperative purchasing. The city may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any goods or services with one or more governmental units in accordance with an agreement entered into between the participants. Such cooperative purchasing may include, but is not limited to, joint or multi-party contracts between governmental units and open-ended federal, state, local or cooperative organization contracts that are made available to other governmental units. Created: 2026-02-19 11:55:31 [€ST) {Supp. No. 23, Update 1) Page 40 of 56 (Code 2006, § 2-980; Ord. No. 0-2003-6, § 2(2-452), 2-11-2003; Ord. No. 0-2003-14, § 1(2-452), 4-22-2003; Ord. No. 2003-23, § 2(452), 7-23-2003; Ord. No. 2005-17, § 2(2-452), 8-23-2005; Ord. No. 2005-20, § 2(2-452), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Secs. 2-948—2-967. Reserved. DIVISION 8. RISK MANAGEMENT IN PROCUREMENT Sec. 2-968. Bid security. (a) Requirement for bid security on construction contracts. Bid security shall be required for all construction contracts awarded by competitive sealed bidding when the price is estimated to exceed an amount established by administrative regulation. Bid security may be required for construction contracts awarded by competitive sealed proposals or other methods. Bid security shall be a bond provided by a surety company authorized to do business in this state, and in compliance with the provisions of the appropriate Florida Statutes, including F.S. § 287.0935, or the equivalent in cash or otherwise supplied in a form satisfactory to the city. Nothing herein prevents the requirement of such bonds on such contracts under the amount set by administrative regulation when the circumstances warrant. (b) Bid security on supply or service contracts. Bid security may be required for supply or service contracts, as the chief procurement officer deems necessary to protect the city's interests. Any security requirements shall be set forth in the solicitation. Bid security shall be a bond provided by a surety company authorized to do business in this state and in compliance with the provisions of the appropriate Florida Statutes, including F.S. §287.0935, or the equivalent in cash or otherwise supplied in a form satisfactory to the city. Bid security shall not be used as a substitute for a determination of a bidder or offeror's responsibility. (c) Amount of security. (1) Construction contracts. Bid security shall be in an amount established by the public works director, after consultation with the chief procurement officer, but not less than five percent of the amount of the bid. Only original bid bonds, certified or cashier's check, irrevocable letter of credit, money order or cash will be accepted to satisfy this requirement. (2) Supply or service contracts. Bid security shall be a percentage amount determined by the chief procurement officer, but not less than five percent of the amount of the bid, if required under subsection (b) of this section. Only original bid bonds, certified or cashier's check, irrevocable letter of credit, money order or cash will be accepted to satisfy this requirement. On multi-year contracts bid security may be established on the basis of an annual amount instead of the entire contract. (d) Rejection of solicitations for noncompliance with bid security requirements. When the solicitation requires security, noncompliance requires that the bid or proposal be rejected unless, pursuant to the administrative regulations, it is determined that the bid or proposal fails to comply in a nonsubstantial manner with the security requirements. (e) Withdrawal of bids or proposals. After bids or proposals are opened, they shall be irrevocable for the period specified in the solicitation document, except as provided in section 2-685(g). Any withdrawal of a bid or proposal, after bid opening, forfeits the return of the bid security. (Code 2006, § 2-1004; Ord. No. 0-2003-6, § 2(2-453), 2-11-2003; Ord. No. 0-2003-14, § 1(2-453), 4-22-2003; Ord. No. 2003-23, § 2(453), 7-23-2003; Ord. No. 2005-17, § 2(2-453), 8-23-2005; Ord. No. 2005-20, § 2(2-453), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009; Ord. No. CAO 2020-006, 2-14-2020) Created: 2026-02-19 11:55:31 [EST] (Supp. No. 23, Update 1) Page 41 of 56 Sec. 2-969. Performance and payment bonds. (a) Construction contracts. Performance and payment bonds shall be required for construction contracts on a public building or public work, or for repairs upon a public building or public work, which exceed $200,000.00 in value, or as amended F.S. § 255.05(d). The performance and payment bond in an amount equal to 100 percent of the price specified in the contract, executed by a surety company authorized to do business in this state as a surety, shall be presented to the city prior to issuance of a contract document or purchase order. In lieu of a performance and payment bond, the city may accept cash, money order, certified check, cashier's check, or irrevocable letter of credit. The performance and payment bond shall be recorded in the public records in Miami-Dade County. The bond must contain all language required by the appropriate Florida Statutes, including F.S. § 255.05(1)(a). (b) Supply or services contracts. Performance or payments bonds or equivalent acceptable may be required at the discretion of the chief procurement officer as provided under the administrative regulations promulgated hereunder. If required, the performance and payment bond, executed by a surety company authorized to do business in this state shall be presented to the city prior to issuance of a contract document or purchase order. In lieu of a performance and payment bond, the city may accept cash, money order, certified check, cashier's check, or irrevocable letter of credit. Such alternate form of security shall be for the same purpose and shall be subject to the same conditions as a performance and payment bond. (c) Reduction of bond amount. The city manager may reduce the amount of performance and payment bonds required on a specific supplies or services contract. Disclosure of the reduction shall be present in the solicitation or through the issuance of an addendum. (d) Authority to require additional bonds. Nothing in this section shall be construed to limit the authority of the city manager to require a performance bond or other security in addition to those bonds, or circumstances i other than those specified in this article, including bonds on public construction projects below $200,000.00. (Code 2006, § 2-1005; Ord. No. 0-2003-6, § 2(2-454), 2-11-2003; Ord. No. 0-2003-14, § 1(2-454), 4-22-2003; Ord. No. 2003-23, § 2(454), 7-23-2003; Ord. No. 2005-17, § 2(2-454), 8-23-2005; Ord. No. 2005-20, § 2(2-454), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020; Ord. No. 2021-06, § 2, 2-9-2021) Sec. 2-970. Indemnification. All city solicitation and contract documents shall include indemnification provisions approved by the city attorney. (Code 20086, § 2-1006; Ord. No. 0-2003-6, § 2(2-455), 2-11-2003; Ord. No. 0-2003-14, § 1(2-455), 4-22-2003; Ord. No. 2003-23, § 2(455), 7-23-2003; Ord. No. 2005-17, § 2(2-455), 8-23-2005; Ord. No. 2005-20, § 2(2-454), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-971. Insurance requirement. All city solicitation and contract documents shall include insurance provisions approved by the risk management division. (1) Contractor's insurance. Administrative regulations shall be promulgated requiring the contractor and all subcontractors to provide adequate insurance coverage for the duration of the contract. (2) Errors and omissions insurance and/or professional liability insurance. Administrative regulations shall be promulgated that specify when the chief procurement officer shall require professional services Created: 2026-02-19 11:55:31 [EST) {Supp. No. 23, Update 1) Page 42 of 56 3) (4) (5) (6) firms to provide appropriate errors and omissions insurance and/or professional liability insurance to cover architectural and engineering services and/or other professional services. Compliance with insurance requirements. The risk management division shall be responsible for establishing and maintaining a system designed to ensure that a contractor is in full compliance with the insurance requirements section of their contract. Risk management shall promptly notify the chief procurement officer of any contractor who is not in compliance with minimum insurance requirements applicable to their specific contract. The chief procurement officer shall not allow performance on any contract to proceed until the insurance deficiency has been corrected to the satisfaction of risk management division. Review of solicitation documents. The risk management division or an individual specializing in risk management will review solicitation documents to advise the division of procurement on the insurance requirements needed to be contained therein. Review for compliance; non-approval. Upon award of a solicitation, the risk management division or a specialist in risk management will review certificates of insurance and any other required documents for compliance of the insurance requirements listed in the solicitations. Non-approved certificates of insurance or other required documents will be returned to the division of procurement with reasons for non-approval and instructions as to how the documents may be corrected. The risk management division or individual specializing in risk management will advise the division of procurement of cancellation or failure to maintain insurance upon receipt of notification on any current contracts. The division of procurement shall not allow any contract to continue without proper insurance in effect after notification of the lapse of the requisite insurance has been received. Minimum requirements for successful proposers. Insurance requirements of all successful proposers shall include, at a minimum, the following: a. Alimit of liability of $500,000.00 per occurrence for bodily injury liability and property damage liability shall apply. If higher limits or other types of insurance coverage are required as part of the solicitation, the higher limits and additional insurance contained in the solicitation shall apply. b. Increased limits and/or other types of coverage may be required by the city to insure special risks. c. Evidence of such insurance coverage shall be provided to the city in the form of a certificate of insurance that is acceptable to the risk management division including copies of all required endorsements. The city shall be entitled to receive a complete copy of any required insurance policy for review upon request. d. The city shall be named as an additional insured on a primary and non-contributory basis, said liability insurance policy shall be endorsed to include a waiver of subrogation and contain a "severability of interest" or a "cross liability" clause without obligation of a premium payment by the city. e. Evidence of statutory worker's compensation coverage is required, where applicable. f. Evidence of automobile liability insurance with limits of liability equal to or greater than the limits of liability required for personal liability and/or commercial general liability insurance is required, where applicable. g Allinsurance policies evidenced to the city or required by the city shall provide coverage for the indemnification and/or hold harmless provision of any city agreement, lease, contract as required by this Code, and these instruments shall be considered, at a minimum, insured contracts by definition. Created: 2026-02-19 11:55:31 [€ST] (Supp. No. 23, Update 1) Page 43 0f 56 h. The risk management division shall be responsible for reviewing and approving insurance requirements for compliance with the requirements as set forth herein or as contained within any agreement, lease, contract, and/or statute and is hereby authorized to approve requested waivers of such insurance requirements. i Allinsurance policies evidenced to the city shall contain provisions where the insurance companies providing coverage must give the city the same statutorily required written notice of cancellation and/or non-renewal that is provided to the first named insured of the policy. j- All policies and policy renewals shall be required to comply with the requirements of the city. k. This section is not intended to limit the ability of the city to require additional forms of insurance where potential loss exposure may exist or to require limits of liability greater than the minimums specified above. I This section is further not intended to limit the amount of recovery the city may seek against a vendor or contractor. (Code 2006, § 2-1007; Ord. No. 0-2003-6, § 2(2-456), 2-11-2003; Ord. No. 0-2003-14, § 1(2-456), 4-22-2003; Ord. No. 2003-23, § 2(456), 7-23-2003; Ord. No. 2005-17, § 2(2-456), 8-23-2005; Ord. No. 2005-20, § 2(2-456), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17-2009; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-972. Other forms of security on construction contracts. Administrative regulations may be promulgated authorizing the chief procurement officer to require other forms of security to ensure timely, faithful, and uninterrupted performance, including, but not limited to, operations period surety bonds, letters of credit, and appropriate written guarantees from the contractor. (Code 2006, § 2-1008; Ord. No. 2003-23, § 2(456.1), 7-23-2003; Ord. No. 2005-17, § 2(2-456.1), 8-23-2005; Ord. No. 2005-20, § 2(2-456), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Secs. 2-973—2-1002. Reserved. DIVISION 9. ELECTRONIC COMMERCE Sec. 2-1003. On-line procurement. (a) Authorization for the use of electronic transactions. The city may conduct procurement transactions, including competitive sealed bids, competitive sealed proposals and informal quotations, by electronic means or in electronic form. Regulations shall be adopted regarding identification, security, confidentiality and the utilization of digital signatures. (b) Reverse auctions. The city may award contracts for supplies and non-professional services by reverse auction. During the bidding process, bidders' prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established by the solicitation. Award shall be made to the lowest responsive, responsible bidder. Procedures regarding public notice, prequalification of suppliers and security shall be established by regulation. (c) Electronic posting. The city may electronically post solicitations, determinations and other matters related to procurement on a centralized Internet website designated by the city for this purpose. Created: 2026-62-19 11:55:31 [£ST] (Supp. No. 23, Update 1) Page 44 of 56 {Code 2006, § 2-1028; Ord. No. 0-2003-6, § 2(2-457), 2-11-2003; Ord. No. 0-2003-14, § 1(2-457), 4-22-2003; Ord. No. 2003-23, § 2(457), 7-23-2003; Ord. No. 2005-17, § 2(2-457), 8-23-2005; Ord. No. 2005-20, § 2(2-457), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-1004. Authorization for the use of electronic records. In accordance with the appropriate Florida Statute, including F.S. § 668.50, Uniform Electronic Transactions Act, wherever this article or the administrative regulations promulgated hereunder require a record to be in writing, an electronic record is authorized. (Code 2006, § 2-1029; Ord. No. 2003-23, § 2(457.1), 7-23-2003; Ord. No. 2005-17, § 2(2-457.1), 8-23-2005; Ord. No. 2005-20, § 2(2-457), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008) Secs. 2-1005—2-1021. Reserved. DIVISION 10. ETHICS Sec. 2-1022. Application. This division shall be applicable to all city personnel defined herein, and shall constitute the minimum standards of ethical conduct and behavior. (Code 2006, § 2-1054; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-1023. Ethics. Any attempt by city employees to realize personal gain by conduct inconsistent with proper discharge of their duties is a breach of public trust. Any effort to influence any public employee to breach the standards of ethical conduct set forth in this division is also a breach of ethical standards. The provisions of city ordinances, county ordinances, and state statutes shall be strictly enforced to preserve the public trust. (Code 2006, § 2-1055; Ord. No. 0-2003-6, § 2(2-458), 2-11-2003; Ord. No. 0-2003-14, § 1(2-458), 4-22-2003; Ord. No. 2003-23, § 2(458), 7-23-2003; Ord. No. 2005-17, § 2(2-458), 8-23-2005; Ord. No. 2005-20, § 2(2-457), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-1024. Prohibition on transacting business with the city. No commissioner, appointed official, member of an advisory board or committee, member of a quasi-judicial board or committee, or employee shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the board or committee of the City of Coral Gables on which that person serves, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violations of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (i) the payment of taxes, special assessments or fees for services provided by the city government; or (i) the purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. This provision shall not apply to boards and committees which have been exempted by the city commission from the requirement of the city's ethic code. Created: 2026-62-19 11:55:31 [€5T) (Supp. No. 23, Update 1} Page 45 of 56 (1) Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: a. Anopen-to-all sealed competitive proposal has been submitted by the offeror; b. The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by an offeror defined above; c. The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; or d. The property or services to be involved in the proposed transaction are being offered to the city at a cost of no more than 80 percent of fair market value based on a certified appraisal paid for by the offeror; and e. The proposed transaction will be in the best interest of the city. Such findings shall be spread on the minutes of the commission. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. (2) Provisions cumulative. This section shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (Code 20086, § 2-1056; Ord. No. 0-2003-6, § 2(2-459), 2-11-2003; Ord. No. 0-2003-14, § 1(2-459), 4-22-2003; Ord. No. 2003-23, § 2(459), 7-23-2003; Ord. No. 2005-17, § 2(2-459), 8-23-2005; Ord. No. 2005-20, § 2(2-459), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) on on transacting business with the city. Sec. 2-1025. Further prohi (a) No commissioner, appointed official, member of an advisory board or committee, member of a quasi-judicial board or committee, or employee shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city board or committee on which they serve, or with any person or agency acting for the city board or committee, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Waiver of this section may only be obtained by following the provisions of section 2-1024. (b) Additionally, no commission member shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (i) officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (i) stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the commission member in a manner distinct from the manner in which it would affect the public generally. Any commission member who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (Code 2006, § 2-1057; Ord. No. 0-2003-6, § 2(2-460), 2-11-2003; Ord. No. 0-2003-14, § 1(2-460), 4-22-2003; Ord. No. 2003-23, § 2(460), 7-23-2003; Ord. No. 2005-17, § 2(2-460), 8-23-2005; Ord. No. 2005-20, § 2(2-460), 9-13- 2005; Ord. No. 2008-27, § 2, 10-28-2008) Created: 2026-62-19 11:55:31 [EST) (Supp. No. 23, Update 1) Page 46 of 56 Sec. 2-1026. Compulsory disclosure by employees of firms doing business with the city. Should any commissioner, appointed official, member of an advisory board or committee, member of a quasi-judicial board or committee, or employee be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city within 15 days after the person has actual or constructive notice of the relationship. (Code 2006, § 2-1058; Ord. No. 0-2003-6, § 2(2-461), 2-11-2003; Ord. No. 0-2003-14, § 1(2-461), 4-22-2003; Ord. No. 2003-23, § 2(461), 7-23-2003; Ord. No. 2005-20, § 2(2-461), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-1027. Cone of silence; contracts for the provision of goods and services. The requirements of section 2-11.1(t) ("Cone of Silence Ordinances") of the Code of Miami-Dade County, Florida, as amended, shall not be applicable to the City of Coral Gables. (1) Purpose and intent. It is the intent of this article to prevent city commissioners, potential vendors, bidders, offerors or service providers from communicating with city department heads, their staff or selection and evaluation committee members during the period of time in which the cone of silence is imposed on the request for proposals (RFP), request for qualifications (RFQ), or invitations for bids (IFB). (2) Cone of silence is defined to mean a prohibition on: a. Any communication regarding a particular request for proposals (RFP), request for qualifications (RFQ), invitation for bids (IFB) or any other advertised solicitation between a potential offeror, vendor, service provider, bidder, lobbyist, or consultant and city department heads, their staff, selection committee or evaluation committee members; b. Any communication regarding a particular request for proposals (RFP), request for qualifications (RFQ), invitation for bids (IFB) or any other advertised solicitation between the city commissioners and city department heads, the city departments' staff, selection committee or evaluation committee members. (3) Applicability. a. The cone of silence shall be applicable only to contracts for the provision of supplies, services for amounts greater than $250,000.00 and construction for amounts greater than $25,000.00. b. The cone of silence shall not apply to: Informal bids as defined in the procurement code; Emergency purchases of supplies, services or construction; Duly noticed pre-bid or pre-proposal conferences; Duly noticed site visits; Sole source procurements; Bid waivers; N o own oW N e Oral presentations during duly noticed meetings; Created: 2026-62-19 11:55:31 [£5T] (Supp. No. 23, Update 1) Page 47 of 56 (4) (5) 8. Competitive negotiations; 9. Public presentations made to the city commission during any duly noticed public meeting; 10. Contract negotiations and electronic commerce; 11. Inquiries by the city commissioners or third parties to the city manager or assistant city managers to determine responsibility or responsiveness of bidders/offerors regarding a particular solicitation, or with regard to the process; 12. Written communications with the chief procurement officer or staff responsible for administering the procurement process for a particular solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation; 13. Communications with the city attorney, city manager or chief procurement officer; 14. Communications between a city commissioner, the city manager, assistant city managers, the city clerk and the city attorney; 15. Communications between a city commissioner, the city manager, assistant city managers, the city clerk, the city attorney and potential offerors, vendors, service providers, lobbyists or consultants. Procedure. a. Imposition. A cone of silence shall be imposed upon each request for proposals (RFP), request for qualifications (RFQ), invitation for bids (IFB) and any other solicitation when advertised. At the time of imposition of the cone of silence, the city manager shall provide public notice of the cone of silence and shall advise the affected departments in writing. The affected departments include, but are not limited to, selection committee members, user departments, department heads, city attorney, city manager, assistant city managers, and the city commission. b. Termination. Except as otherwise provided herein, the cone of silence shall terminate at the time of the city manager's approval of the award, or the city manager's written recommendation to the city commission, as may be applicable, is received by the city clerk, or at such time that bids or proposals are rejected by the city commission or the city manager; provided, however, that if the eommission-refers-the-city-manager's-recommendation is referred back to thecity-manager erstaff for further review, the cone of silence shall be re-imposed until such time as the city manager's subsequent written recommendation is received by the city clerk. Penalties. Violation of the cone of silence by a particular bidder or offeror shall render any award to said person voidable by the city commission. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including dismissal. Any person who violates a provision of this division shall be prohibited from serving on a city competitive selection or evaluation committee unless such appointment is approved by a four-fifths vote of the city commission. A violation of this section by a particular bidder, offeror, lobbyist or consultant shall subject such person to potential debarment pursuant to the provisions of this chapter. (Code 2006, § 2-1059; Ord. No. 0-2003-6, § 2(2-462), 2-11-2003; Ord. No. 0-2003-14, § 1(2-462), 4-22-2003; Ord. No. 2003-23, § 2(462), 7-23-2003; Ord. No. 2005-14, § 2(2-462), 7-12-2005; Ord. No. 2005-17, § 2(2-462), 8-23- 2005; Ord. No. 2005-20, § 2(2-462), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. 2009-53, § 2, 11-17- 2009; Ord. No. CAO 2020-006, 2-14-2020) (Supp. No. 23, Update 1) Created: 2026-62-19 11:55:31 (€5T] Page 48 of 56 Sec. 2-1028. Use of confidential information. It shall be a breach of ethical standards for any employee or former employee knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person. (Code 2006, § 2-1060; Ord. No. 2003-23, § 2(463), 7-23-2003; Ord. No. 2005-17, § 2(2-463), 8-23-2005; Ord. No. 2005-20, § 2(2-463), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008) Secs. 2-1029—2-1054. Reserved. DIVISION 11. PROCUREMENT OF INFRASTRUCTURE FACILITIES Sec. 2-1055. Project delivery methods authorized. The public works director, upon consultation with the chief procurement officer, shall have the discretion to select one of the following project delivery methods for construction projects: (1) Design-bid-build; {2) Construction manager-at-risk; (3) Design-build; or (4) Job order contract. (Code 2006, § 2-1087; Ord. No. 2003-23, § 2(464), 7-23-2003; Ord. No. 2005-17, § 2(2-464), 8-23-2005; Ord. No. 2005-20, § 2(2-464), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008; Ord. No. CAO 2020-006, 2-14-2020) Sec. 2-1056. Design-bid-build. Contracts for the design-bid-build project delivery method shall be procured as follows: (1) The qualifications based selection process set forth in section 2-1060 (Architectural, engineering, landscape architectural, or surveying and mapping services) shall be used to procure architectural, engineering and land surveying services; and - (2) Construction may be procured by: a. Competitive sealed bidding, as set forth in section 2-685; or b. Competitive sealed proposals, as set forth in section 2-687, for contracts for the construction of buildings and other infrastructure projects, the design and construction of which are governed by accepted building codes and practices. (Code 2006, § 2-1088; Ord. No. 2003-23, § 2(465), 7-23-2003; Ord. No. 2005-17, § 2(2-465), 8-23-2005; Ord. No. 2005-20, § 2(2-465), 9-13-2005; Ord. No. 2008-27, § 2, 10-28-2008) Sec. 2-1057. Construction manager-at-risk. (a) Policy. It is the policy of this city to publicly announce all requirements for a construction manager-at-risk as defined in the appropriate Florida Statute, including F.S. § 287.055, Consultants' Competitive Negotiation Created: 2026-02-19 11:55:31 [€ST) (Supp. No. 23, Update 1) Page 49 of 56 Act, and to negotiate contracts on the basis of demonstrated competence and qualification for the type of services required at fair and reasonable prices. (b) Selection. (1) For each proposed project, the public works director or designee, upon consultation with the chief procurement officer or designee, shall recommend a selection committee, with the city manager's approval, to evaluate current statements of gualifications and performance data on file with the city, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with, and may require public presentations by, no fewer than three firms regarding their qualifications, approach to the project, and ability to furnish the required services. (2) The public works director or designee, upon consultation with the chief procurement officer or designee, in conjunction with the selection committee, shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the public works director or designee, upon consultation with | the chief procurement officer or designee, may consider such factors as the ability of professional personnel; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the city, with the object of ranking the companies based on qualifications and selection of the most highly qualified firms. The public works director or designee, upon consultation with the chief procurement officer or designee, in conjunction with the selection committee, may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations under subsection (c)(2) of this section. (c}) Negotiation. (1) The public works director or designee, upon consultation with the chief procurement officer or designee, shall negotiate a contract with the most qualified firm for professional services at compensation which the public works director or designee, upon consultation with the chief procurement officer or designee, determines is fair, competitive, and reasonable. In making such determination, the public works director or designee, upon consultation with the chief procurement officer or designee, shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity and shall negotiate a guaranteed maximum price including overhead and profit with approval from the city manager. For any lump-sum or cost-plus-a- fixed-fee professional service contract over $100,000.00, the chief procurement officer shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which a certificate is required must contain a provision that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the city determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one year following the end of the contract. (2) Should the public works director or designee, upon consultation with the chief procurement officer or designee, be unable to negotiate a satisfactory co with the firm considered to be the most qualified at a price determined to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The public works director or designee, upon consultation with the chief procurement officer or designee, shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the public works director or designee, upon consultation with the chief procurement officer or designee, must terminate negotiations and shall then undertake negotiations with the third most qualified firm. Created: 2026-02-19 11:55:31 [EST) (Supp. No. 23, Update 1) Page 50 of 56