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Purchasing Policies
GOAL OF THIS MANUAL
The City of Hawthorne subscribes to a modified de-centralized Purchasing and Materials Management System.  This Purchasing Policies and Procedures Manual is provided to the various departments of the City of Hawthorne:
The purpose of the Manual is to:
1. Inform all staff of the general policies regarding Purchasing and Materials Management, bidding policies and sale of surplus property.
2. Instruct personnel in the application of the standard Purchasing practices and procedures necessary to contribute to the economy, efficiency, and effectiveness of City operations.
3. Assist personnel engaged in the Purchasing function in attaining a clearer understanding of procedures.
The Purchasing Policies and Procedures Manual is designed to:
1. Provide staffs who work with the Purchasing function an understanding of their responsibility and duties, and the objectives of the procedures and their limitations within the framework of the City’s organization.
2. Convey to vendors, through well informed employees, a clear understanding of the City’s Purchasing Policies and Procedures.
3. Establish reasonable standards against which the Auditors can measure the Performance of the Purchasing Division’s functions through proper Audit Trails.
Changes will occur relative to State and Federal laws as well as in the policies set forth by the City Commission and City Manager.  Such changes will be incorporated into our purchasing policies and procedures and the information disseminated to all departments.
Situations may occur which will require deviations from these policy decisions to expedite purchases.  These decisions will be with the City Manager or designee.  I suspect Commission will inquire of the applicable parameters/limitations for these deviations.

CONTRACTS AND PUBLIC WORK
Option for Contract or Direct Labor.
(a)   Any public work or improvement may be executed either by contract, or by direct labor, as may be determined by the City Manager. Before authorizing the direct execution of any work or improvement, detailed plans and estimates thereof shall be submitted to the City Commission by the City Manager, and there shall be separate accountings as to each work or improvement so executed.
(b)   Before entering into any public work or improvement or any contract in reference thereto the City Manager shall require such persons who may perform such work to file with the City a bond with good and sufficient sureties to guarantee faithful performance of such work or contract and to completely and fully guarantee the City against any loss thereon. The City Commission may, by resolution, waive the requirement for a bond contained in this section.

Fraud, Collusion, Etc., By Officers or Employees.
Any officer of the City or head or employee of any department thereof who shall aid or assist any bidder in securing a contract to furnish labor, material or supplies at a higher price than that proposed by any other bidder, or who shall favor one bidder over another by giving or withholding any information, or who willfully misleads any bidder in regard to the character of the material or supplies called for, or who knowingly accepts materials or supplies of any inferior grade to those called for by any contract or specifications, or who knowingly certifies to a greater amount of labor performed, or the receipt of a greater amount of different kind of materials or supplies than has been actually received, or shall defraud the City in any other manner in relation to contracts, shall be guilty of a misfeasance in office and shall be subject to discipline, including immediate termination.

Collusion, Etc., By Contractors.
If at any time it is found that the person to whom a contract has been awarded has colluded with any other party for the purpose of circumventing any other competing bidder, or has entered into any arrangement by which he has made a higher or lower bid than some other person for the purpose of dividing the contract or profits therefrom between two or more bidders, then the contract so awarded shall be null and void.

Assignment of Contracts.
No contract for which a bond is required shall be assigned or transferred in any manner except as in this section provided; any assignment or transfer thereof except by operation of the law or by permit of the City Commission expressed by resolution shall fully end and determine such contract, and shall make the same null and void as to any further performance thereof by the contractor or his assigns, without any action on the part of the City; and the City, through its proper authorities, may proceed to rescind such contract and proceed to complete the same as the agent, and at the expense of, such contractor and his sureties.

Affidavit Regarding Claims.
(a)   Before any contractor or his representative shall require a final settlement on any contract on which a bond is required, such contractor or his representative shall make and file with the City Manager an affidavit that all claims for materials and labor to date of settlement have been paid.
(b)   If because of a dispute between the contractor and a supplier or subcontractor, the foregoing contractor affidavit cannot be supplied, final settlement may take place if the contractor provides both of the following:
(1)   An affidavit that all claims for materials and labor except for listed disputed claims have been paid; and
(2)   Financial assurances satisfactory to City Commission or the City Manager that disputed claims will be paid upon resolution of the dispute.

Progressive Payments.
Any contract may provide for progressive payments. If progressive payments are provided, a ten percent (10%) retainage must be held on all portions of the progressive payments made until fifty percent (50%) of the total job is complete.  No additional retainage need be withheld on the balance of the progressive payments until one hundred percent (100%) completion. No payment shall be made under such progressive payment contract or any lump sum contract unless the payment has been approved by the proper department heads or the City Manager.
General Purchasing Policies
Synopsis: This policy addresses general procurement guidelines applicable to the acquisition of supplies and services.
Policy:
Purchase Request: All purchase requests for supplies or services, unless exempt by code, available on a blanket purchase agreement less than $10,000 shall be submitted on the approved purchase requisition form.
Budget Approval: All purchase requests must be within the limits of the current budget or covered by a supplemental appropriation. All purchases over $10,000 must be approved by City Manager and the City Commission.
Method of Source Selection: The following methods are available to be utilized in the acquisition of supplies and services, depending on the nature of the supplies/services being sought and the projected expense:
Competitive Sealed Bidding: For purchases of $50,000 or more, competitive sealed bidding is the preferred method for purchasing supplies and services.
Competitive Sealed Proposals: When it is determined that competitive sealed bidding is not practicable or not advantageous to the City, a contract may be entered into by using the competitive sealed proposals method.
Small Purchases: Small purchases under $50,000 which are not accomplished through either a blanket purchase agreement are solicited in the following manner:

Under $5,000
Best quote out of three (3)
$5,000 - $9,999
Three telephone quotes
$10,000 - $49,999
Five written, facsimile or electronic quotes
Sole Source: A contract may be awarded without competition when it is determined in writing that there is only one source for the required supply or service or the supply or service is unique and not subject to competition.
Emergency Purchase: A purchase may be made under emergency provisions when it is determined that conditions exist which create a disruption of essential operations or conditions adversely affecting the safety, health or security of persons or property such as may arise by reason of floods, hurricanes, riots, equipment failures, or such other reason as may be determined by the City Manager.
4. City Commission Approval: All purchases of $5,000 or more, or change orders over $5,000, shall be approved by the City Commission. The City Manager or designee is authorized to execute, without City Commission approval, change orders up to a cumulative total of $25,000 on any one contract. The authority to execute change orders is limited to monies previously appropriated by City Commission for the supply, service or construction which is the subject of the change order.
5. Awards Bids and proposals will be evaluated on the following basis:
Competitive Sealed Bids: The contract is to be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the Invitation for Bids. No bid shall be evaluated for any requirements or criteria that are not disclosed in the Invitation for Bids.
Competitive Sealed Proposals: An award is made to the responsible offeror whose proposal 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 shall be used in the evaluation.
Multiple Awards: A multiple award may be made when two or more bidders or offerors for similar supplies are necessary for adequate delivery, service, or product compatibility.
6. Specifications: Specifications should be written in a manner to allow open competition. Specifications should emphasize functional or performance criteria and should limit, when practicable, design or physical descriptions to those meeting the need or those suitable for the intended purpose. Available standard commercial products should be used, and unique requirements should be avoided when practicable. Performance criteria should clearly identify how the acceptability of work performed will be determined; the user department’s duties in terms of identifying and documenting unacceptable performance; and the consequences of unacceptable performance.
7. Environmentally Preferable Purchasing (Green Purchasing): It is the policy of the City to purchase recycled and environmentally preferable goods. Environmentally preferable goods are defined as "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 includes products that contain recycled material, reduce toxicity and pollution, conserve energy, conserve water and prevent waste. This policy encourages City departments to:
Develop energy saving, waste prevention and recycling strategic plans implementing the green purchasing requirements.
Consider environmental factors, as appropriate, in acquisition planning for all procurements and in the evaluation and award of contracts.
Revise existing specifications, descriptions and standards to enhance the procurement of environmentally preferable products and services.
Use EPA’s guiding principles and EPA’s Comprehensive Procurement Guidelines (CPG) in identifying and purchasing environmentally preferable products and services.
Encourage City contractors to follow EPA's guiding principles and EPA’s Comprehensive Procurement Guidelines (CPG).
Include energy, environmental and recycling concerns in the acquisition and management of public space, including leased space, and the design and construction of new buildings.
This policy will be carried out consistent with the City's obligations and purpose, and with an overall intent to obtain competitive prices to provide value to the taxpayers.
8. Performance and Payment Bond:
Pursuant to Florida State Statute 255.05, any contract for construction of a public building, for the pursuit and completion of a public work, or for repairs upon a public building or public work shall require a Performance and Payment Bond with a surety insurer authorized to do business in the State. For contracts less than $200,000, the City Commission may exempt a contractor from executing the Performance and Payment Bond upon Administration’s recommendation. For construction contracts of less than $50,000, the City Manager or designee may waive or reduce the level or change the types of bonding normally required or accept alternative forms of security to the extent reasonably necessary to encourage procurement from Small Business Enterprises (SBEs)
9. Bid Protests:
A protest from a bidder must first be made in writing to the Purchasing Director. The Purchasing Director shall investigate the protest and present the findings in writing to the bidder. If the protest is not resolved to the satisfaction of the bidder, he or she may then make an appeal to the City Manager or designee within five working days.
It is the policy of the City Commission not to hear oral presentations from unsuccessful bidders concerning the award of a contract.
There is no stay of procurement during protests.
10. Cooperative Purchasing:
The City may participate in or administer cooperative purchasing agreements for the purchase of supplies or services. Such cooperative purchasing may include, but is not limited to, joint or multi-party contracts with other public entities and open-ended state contracts made available by the State of Florida. The City may also, in lieu of other competitive sealed bidding procedures, accept a competitively bid proposal or contract which has been supplied by state, or county government, or any municipality or agency.
11. Conflict of Interest:
Pursuant to Section 112.313 of the Florida Statutes, all City employees who participate in the purchasing program shall adhere to the following ethical standards:
A City official or City employee may not directly or indirectly procure contractual services for the City from a business entity of which a relative is an officer, partner, director, or proprietor, or in which he, his spouse, or child has a material interest.
No employee acting as a purchasing official, purchasing manager, or buyer may, directly or indirectly, purchase, rent, or lease any supply or service from a business entity in which he, his spouse, or child is an officer, partner, director, or proprietor, or in which he, his spouse, or child (or any combination of them) owns a material interest. Nor may a public officer or employee, acting in a private capacity, rent, lease, or sell any supply or service to the City.
Blanket Purchase Agreements
Synopsis: A blanket purchase agreement (BPA) is a simplified method of filling anticipated repetitive needs for supplies or services by establishing an account with qualified sources of supplies.
Policy:
The following are circumstances under which a BPA may be established:
There are a wide variety of items in a broad class of supplies or services that are generally purchased, but the exact items, quantities, and delivery requirements are not known in advance and may vary considerably.
The use of these procedures will avoid the writing of numerous purchase orders.
BPAs may be established with:
More than one supplier of supplies or services of the same type to provide maximum practicable competition; or
A single firm from which numerous individual purchases at or below the small purchase acquisition threshold would likely be made in a given period.
BPAs should be prepared without a purchase requisition and only after contacting suppliers to make the necessary arrangement for:
Securing maximum discounts;
Documenting individual purchase transactions;
Periodic billing; or
Incorporating other necessary details.
The following terms and conditions are mandatory:
Description of Agreement. A statement that the supplier shall furnish supplies or services, described in general terms, if and when requested by the City during a specified period and within a stipulated aggregate amount, if any.
Extent of Obligation. A statement that the City is obligated only to the extent of authorized purchases actually made under the BPA.
Purchase Limitations. A statement that specifies the dollar limitations for each individual purchase under the agreement.
Individuals Authorized to Purchase Under the BPA. A statement that lists individuals authorized under the BPA identified either by title or position or by name of individual, department, and a dollar limitation per purchase for each.
Delivery Ticket. A requirement that all shipments under the agreement shall be accompanied by delivery ticket or sales slip that shall contain the following minimum information:
Name of supplier;
BPA number;
Date of purchase;
Itemized list of supplies or services furnished;
Quantity, unit price, and extension of each item, less applicable discount; and
Date of delivery or shipment.
Invoices.  One of the following statements shall be included:
A summary invoice or statement shall be submitted at least monthly or upon expiration of the BPA, whichever occurs first, for all deliveries made during the billing period, identifying the delivery ticket covered therein, stating their total dollar value, and supported by receipt copies of the delivery ticket.
An itemized invoice or statement shall be submitted at least monthly or upon expiration of the BPA, whichever occurs first, for all deliveries made during the billing period and for which payment has not been received.
When billing procedures provide for an individual invoice for each delivery, these invoices shall be accumulated provided that:
A consolidated payment will be made for each specified period; or
The period of any discount will commence on the final date of the billing period or on the date of receipt of invoices for all deliveries accepted during the billing period, whichever is later.
Purchases under the BPA
Individual purchases shall not exceed the dollar limitations established under each respective BPA.
Development of Specifications
Synopsis: Specifications for the acquisition of supplies and services should be written in a manner to allow open competition whenever it is practical to do so.
Policy:
1. Definitions.
a. Brand Name Specification. A specification that is limited to one or more items by manufacturers' names or catalog numbers.
b. Brand Name or Equal Specification. A specification that uses one or more manufacturers' names or catalog numbers to describe the standard of quality, performance, and other characteristics needed to meet City requirements and which provides for the submission of equivalent or equal supplies.
c. Qualified Products List. An approved list of supplies or services described by model or catalog number which, prior to competitive solicitation, the City has determined will meet applicable specifications and requirements.
d. Specification. Any description of the physical, functional, or performance characteristics or nature of a supply or service. A specification includes, as appropriate, requirements for inspecting, testing, or preparing a supply or service for delivery.
e. Specification for Common or General Use. A specification that has been developed and approved for repeated use.
2. General Provisions
a. Purpose. The purpose of a specification is to serve as a basis for obtaining a supply or service adequate and suitable for the City's needs. This should be done in a cost effective manner, taking into account the total cost of ownership and operation, as well as the initial acquisition cost. It is the policy of the City that specifications permit maximum practicable competition consistent with this purpose. Specifications should be drafted with the objective of clearly describing the City's requirements.
b. Functional or Performance Description. Specifications should, to the extent practicable, emphasize functional or performance criteria while limiting design or other physical descriptions to those necessary to meet the needs of the City. To facilitate the use of such criteria, requesting departments should endeavor to include as part of their purchase requests the principal functional or performance needs to be met.
c. Commercially Available Products. It is the general policy of the City to purchase standard commercial products whenever practicable. In developing specifications, accepted commercial standards should be used, and unique requirements should be avoided to the extent practicable.
3. Development of Specifications
a. Purchase Description or Specification. The purchase description or specification should include the essential physical and functional characteristics necessary to express the minimum requirements of the City, such as: (a) common nomenclature; (b) kind of material, i.e., type, grade, class, alternatives, etc.; (c) electrical data, if necessary; (d) dimensions; (e) size or capacity; (f) principles of operation; (g) environmental conditions; (h) intended use, including location, operating conditions, and acceptable product levels within the range of products available in the commercial marketplace; (I) equipment with which the item is to be used; and (j) other pertinent information that further describes the supply or service required.
b. Alternate Specification. A specification may provide an alternate description of supplies or services where two or more design, functional, or performance criteria will satisfactorily meet the City's requirements.
c. Contractual Terms - Not to be Included. Specifications must not include any solicitation or contractual terms or conditions, such as the time or place for the bid opening, time of delivery, payment, liquidated damages, or qualification of bidders. These clauses should be included in the appropriate sections of the bid package, i.e., Instructions to Bidders, terms and conditions, etc.
d. Use of Existing Specifications. If a specification for a common or general use item has been developed, or if a qualified products list has been developed for a particular supply or service, it must be used unless the City Manager or the director of the requesting department makes a determination that it is not in the City's best interest and that other specifications should be used.
e. Brand Name or Equal. Brand name or equal specifications may be used when it is determined that:
i. no other design or performance specification or qualified products list is available;
ii. Time does not permit the preparation of another form of purchase description not including a brand name;
iii. the nature of the product or the nature of the City's requirements makes use of the brand name or equal specification suitable for the procurement;
iv. The use of brand name or equal specifications is in the City's best interest.
f. Designation of Several Brands. Brand name or equal specifications should designate three, or as many different brands as are practicable, as "or equal" references and must state that substantially equivalent products to those designated will be considered for award.
g. Qualified Products List. A qualified products list may be developed when testing or examination of supplies prior to issuance of the solicitation is desirable or necessary in order to best satisfy the City's requirements. When developing a qualified products list, a representative group of potential suppliers must be solicited in writing to submit products for testing and examination to determine acceptability for inclusion on a qualified products list. Any potential supplier, even though not solicited, may offer their product for consideration. Inclusion on a qualified products list must be based on results of tests or examinations conducted in accordance with prior published requirements.
Procedures for Contracting For Professional Services Covered By the Consultants’ Competitive Negotiation Act (CCNA)
Introduction
A. Purpose
The purpose of these procedures is to ensure City of Hawthorne’s compliance with Section 287.055 of the Florida Statutes referred to as the “Consultants’ Competitive Negotiation Act” (CCNA). The following is intended as a summarization of the sections of the CCNA that are most frequently used by the City in the acquisition of services for architects, professional engineers, landscape architects, registered surveyors and mappers. (For complete text, refer to the Florida Statutes.)
CCNA requires the City to announce, in a uniform and consistent manner, each occasion when professional services must be purchased for a project, the basic construction cost of which is estimated by the agency to exceed the threshold amount provided in §287.017 F.S. for CATEGORY FIVE or for a planning or study activity when the fee for professional services exceeds the threshold amount provided in §287.017 F.S. for CATEGORY TWO.
These procedures establish guidelines by which architects, professional engineers, landscape architects, surveyors and mappers are to be selected for jobs with the City.  The criteria includes that these firms should be chosen on the basis of professional personnel; whether or not a firm is a certified minority business enterprise; 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 effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms.
There is nothing in the Act that precludes the City from entering into a continuing contract. The Act defines a “continuing contract” as a contract for professional services entered into in accordance with all the procedures of the Act between the City and a firm whereby the firm provides professional services to the City for projects in which construction costs do not exceed $1,000,000; study activity when the fee for such professional service does not exceed $50,000; or work of a specified nature as outlined in the contract required by the agency, with no time limitation except that the contract must provide a termination clause.
B.  Definitions
City Manager – City Manager of the City of Hawthorne, Florida, or designee.
Commission - City Commissioners of City of Hawthorne, Florida.
Compensation -- The total amount paid by the City for professional services.
City – City of Hawthorne, a political subdivision of the State of Florida located in Alachua County.
Firm – Any individual, firm, partnership, corporation, association or other legal entity permitted by law to practice architecture, engineering, landscape architecture or land surveying in the State of Florida.
Professional Services – Those services within the scope of practice of architecture, professional engineering, landscape architecture or registered land surveying, as defined by the laws of the State of Florida; or those performed by any architect, professional engineer, landscape architect or registered land surveyor, in connection with their professional employment or practice.
Proposal – An executed formal document submitted to the City by a qualified firm or individual which states the professional service offered to satisfy the need as requested in the Request for Proposal.
User Agency – The unit of City of Hawthorne government, which initiates the project and/or utilizes the final product of the professional services work.
II. Procedures
A. Public Announcement and Qualification Procedures
1. Public Announcement
The City Manager or designee shall publicly advertise in a uniform and consistent manner on each occasion when professional services are required to be engaged, except in cases of valid public emergencies as declared by the Commission.  The announcement shall include a general description of the project and shall indicate how, and the time within which, interested consultants may apply for consideration.
2. Certification and Pre-Qualification
Any firm or individual interested in providing professional services to the City must first be certified as qualified. The City Manager will adopt qualifications as defined herein.
a. Certification shall be based upon meeting the following qualifications:
(1) Firms must be properly registered with the Department of Professional Regulation to practice their profession in the State of Florida.
(2) If the firm offering professional services is a corporation, it must be properly chartered with the Florida Department of State.
(3) Standard Form (SF) 330 for the firm. Separate SF 330s are required for corporate offices and local offices, if applicable.
(4) Equal Employment Opportunity Plan, for firms with fifteen (15) or more employees, is on file with the City Clerk.
b. The City Manager shall prepare and maintain a list of firms qualified by training and experience in the various technical fields of specialty and which have expressed a desire to be considered for City work.
c. Firms desiring to provide professional consultant services to the City will be required to submit a statement of qualification and performance data. It is the responsibility of the architect, professional engineer, landscape architect, registered surveyors and mappers to keep qualification data current.
B. Professional Services Selection Committee
1. Committee Composition
The following members will serve on the Professional Services Selection Committee. The City Manager will approve the members and can add additional members as they so choose. The City Manager will designate who will serve on the negotiation team. The City Manager will chair the negotiation committee.
a. City Attorney Representative (At the option of the City Attorney, an Assistant City Attorney may serve on the committee)
b. User Department (The department director will appoint two members to serve on the committee who are sufficiently qualified to evaluate the technical qualifications of the proposals)
c. User Division (Primary User), four members (The division director or designee will serve, and will appoint three other members from the division.)
e. Selection Committee Chairperson The City Manager Director, Contract Manager or Contract Specialist shall chair the committee. (The Chairperson shall assume those duties and responsibilities conducive to adherence to proper procedures and fair and consistent evaluation of all proposers; and shall be in charge of all administrative processes and procedures concerning the committee and its deliberations.)
Notes:
1. The City Manager or designee may alter the makeup of the selection committee as described above.
2. A commissioner may be appointed by the Chairman to serve on the selection committee.
3. Meetings of the Professional Services Selection Committee shall be noticed in the Commission Agenda announcements or in the lobby of the City of Hawthorne Administration Building. 24 hours prior to meeting? Minutes shall be kept of all such meetings.
2. Contact with Consultants During Review Process
Members of the Professional Services Selection Committee are prohibited from discussing a submittal on any project with any firm whose proposal they are reviewing until such time as a final selection has been made. Questions received during the review period shall be referred to the City Manager.
C. Competitive Selection
1. Recommendation for Selection
After careful review of all proposals submitted, the Professional Services Selection Committee shall identify no less than three (3) firms deemed to be most highly qualified to perform the required services. The number of firms with which the City will negotiate and award a contract shall also be stated in the Request for Proposal.
The City Manager shall submit the recommendation of the selection committee to the Commission for their review and approval of the committee’s ranking and authorization to negotiate a contract with the selected firm(s). When negotiations have been completed, the contract(s) will be submitted to the Commission for approval and execution.  Recommendation for selection of the firms shall be based on the following criteria with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principles of selection of the most highly qualified firm(s).
a. Experience and expertise of the consulting firm and its key personnel in projects similar to those in the Request for Proposal (30 points) Provides project experience and contact persons with the elements as they relate to the project(s) requested in the RFP. States key personnel experience for services called out in the RFP.
b. Approach to the Project (20 points) the proposal exceeds the minimum requirements to the proposal, is lacking or is inadequate in the most basic requirements. States proposed design philosophy; possible alternatives; and/or cost savings.
c. Ability to work with City and regulatory agency staff (10 points) Permitting Considerations
d. Client reference list. (10 points) A client list showing the current contact person, telephone number and email address for each project. May also provide additional information if requested in the Request for Proposal.
e. Ability to complete the project in a timely manner (5 points) Describe the means to maintain project team; manage project team members’ time in order to ensure sufficient time to complete project. Describe methods to expedite a project, if necessary.
f. Minority Consultants/Sub-consultants (5 points)
g. City evaluation rating for past projects with the City (10 points maximum) if the Consultant has worked for the City and there are no evaluations on file or the Consultant has not worked for the City (4 points [average rating])
h. Quality of submittal (5 points) Clarity, conciseness and compliance with the requirements in the Request for Proposal
i. Location of key personnel Firms located in City of Hawthorne – 5 points all other firms – 2 points
2. Interviews/Presentations
If the Professional Services Selection Committee so chooses, interviews/presentations will be scheduled with the firms short-listed.
a. The Professional Selection Committee will be provided with worksheets listing the following criteria to assist in ranking the short-listed firms. The committee members may use other criteria, as they deem appropriate. All worksheets will become a part of the record.
(1) Management/Team approach
(2) Approach to the project and methods used to plan, design and administer the project.
(3) Project Experience
(4) Other criteria
b. In instances where interviews/presentations are not required, the Professional Services Selection Committee may request the Committee Chairperson conduct telephone discussions with not less than three (3) firms regarding their qualifications, their approach to the project, and their ability to furnish the required services.
c. Should information arise during the discussions that the Chairperson feels warrants further review by the Professional Selection Committee, the Chairperson will convene the committee to review the information in question.
d. No points are assessed for telephone discussion. The Selection Committee may decrease the scores of the firms if the information received during the telephone discussion conflicts with information provided in the written response.
D. Competitive Negotiation
Contract Negotiations
The assigned negotiation team shall negotiate a contract with the top ranked firm or firms.  If a contract cannot be negotiated with the top ranked firm, negotiations with the top ranked firm will be formally terminated and the negotiation team shall negotiate with the second and third ranked firms as necessary. Should the negotiation team be unable to negotiate a satisfactory contract with any of the selected firms, the Commission of City Commissioners shall select additional firms in order of their competence and qualifications and negotiations will continue in accordance with this section until an agreement is reached.
Interview/Presentation - Professional Selection Committee Worksheet
Name of Firm:
A. Management/Team Approach
5 points Project personnel and management team do not have the appropriate level of experience and/or does not contain all necessary disciplines. Team leader answers the questions and does not rely on team members for support.
10 points some project personnel and management team have the proper level of experience and contains most discipline. Team or leadership not working well together; they do not seem to work effectively as a team.
15 points Most, if not all, project personnel and management team have the proper level of experience. The team seems functional and understands each other’s role well.
25points All project personnel and management team have proper level of experience. The project manager, as well as several members of the team, is uniquely qualified. Team leader knows member’s strengths and uses them in an effective and appropriate manner.
B. Approach to the Project and Methods Used To Plan, Design and Administer the Project
5 points Presentation shows inadequate understanding of project(s) and program requirements. No application of special knowledge, innovations or technology.
10 points Presentation shows adequate understanding of project(s). No application of special knowledge, innovations or technology.
15 points Presentation indicates more than adequate understanding of project(s) and program requirements.  Minor application of special knowledge, innovations or technology.
25 points Presentation provided shows superior understanding of project(s) and program requirements. Application of special knowledge, innovations or technology.
C. Project Experience
5 points Project team members do not have the appropriate level of experience and/or do not represent all necessary disciplines.
10 points Most, if not all, project team members have the proper level of experience and represent most disciplines.
15 points All project team members have the proper level of experience and project manager is uniquely qualified. All necessary disciplines are represented.
25 points All project team members have the proper level of experience and several are uniquely qualified. The team members successfully convey how insights gained from other projects are applicable and beneficial to the project(s).
D. Other Criteria
15 points Criteria to be determined by committee members.
E. Minority Firm
5 points Ownership of firm is at least 51% minority (scores carried over from short-list selection).
F. Local Firm
5 points Firm is located in City of Hawthorne (scores carried over from short-list selection).
Consultant Performance
Review and Evaluation Procedure
All consultants under contract with the City will be evaluated (annually) and the City Manager will maintain the corresponding grades. These evaluations will assist the City in determining the consultant’s suitability for future selections under a Master Agreement. The Project Manager is responsible for assigning the consultant’s performance grade for each project. This grade will be converted into a score to be applied to future evaluations for short-list selection by the Professional Services Selection Committee.
The Project Manager shall forward the completed evaluation to the City Manager.  . The Contract Manager will send the evaluation to the Consultant. If the Consultant disagrees with the summary, they shall have seven (7) workdays from the mailing date of the evaluation(s) to rebut the evaluation. A letter must be sent to the Contract Manager outlining the points of disagreement. The Contract Manager will review the evaluation with the City Manager and the User Division Director’ and a finding will be sent to the Consultant either upholding or revising the evaluation(s). This decision will be final and the grades used for future selection.  If a Consultant does not dispute the evaluations within the seven (7) day period, the evaluation(s) will be deemed acknowledged and grades therein shall be used accordingly?  The results of the completed evaluation(s) will be maintained by the City Manager and applied to that firm’s evaluations on future selections.



1062010_23733_0.pngSole Source Purchasing
Administrative Policy


Ed Smyth, City Manager
6/2/2010


Sole Source Purchase    
POLICY:
The City Commission may waive the bid requirement and approve a vendor as the sole provider of an item or service if no other vendor is able to provide either the same item or service or a comparable substitute.
Specifications for the purchase of an item or service will describe the minimum requirements necessary for the item or service to meet the Department’s needs. Department’s will not use specifications that unnecessarily restrict the ability of a vendor to qualify as a source of the item or service being purchased.
PROCEDURE:
When an item or service is available from only one vendor, a Department Director or designee may request that the vendor be designated a sole source
Purchases between $5,000 and $10,000
Send a sole source memo to the City Manager along with a letter from the vendor stating that they are a sole source supplier of the referenced item or service. Written approval from the City Manager is required for all sole source requests submitted.
The City Manager will review the information submitted by the requesting Department and may waive the quote requirement, approve the requisition, and forward the information to the Finance Department.
Purchases between $10,000 and $25,000
Send a sole source memo to the City Manager with a letter from the vendor stating that they are a sole source supplier of the referenced item or service. Written approval from the City Manager City Manager is required for all sole source requests submitted by a Department.
The City Manager will review the information submitted by the purchasing Department/ and may, with the approval of the City Commission, waive the quote requirement, approve the requisition and forward the information to the Finance Department. Written approval is required from the City Manager for all purchases between $10,000 and $25,000.  
If the request is not approved, the information will be returned to the requesting department and the requisition will be denied.

Purchases totaling $25,000 or more
Send the sole source memo to the City Manager with a letter from the vendor stating that they are a sole source supplier of the referenced item or service. Written approval from the City Manager is required for all sole source requests submitted by a Department.
The request will be reviewed by the City Manager and if approved will be placed on the City Commission meeting agenda for approval. When approved by the Commission, the bid requirement will be waived, but all other purchasing requirements will continue to apply.
When approved the purchase will be exempt from the quote and bid requirements, but all other purchasing requirements will continue to apply.
The sole source designation will be effective for at least twelve months and will lapse at the end of the fiscal year in which the twelve-month period ends.
If a new vendor is identified at any time during the sole source exemption period, the exemption will terminate and the purchasing Department/Office/Division will obtain bids or quotes for all subsequent purchases from the available vendors as required by normal purchasing regulations.
If no new vendors are identified during the exemption period, the purchasing Department/Office/Division may request extension of the exemption period through the following fiscal year by following the steps described above.
Purchases of the following items and services are exempted from the bid and quote requirements as sole source purchases and requisitions may be approved by the County Administrator or his designee:
Purchases of all library materials by the Library Services Division and related activities including acquisition, cataloging, processing, membership and interlibrary