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MOTION TO PASS PROPOSED ORDINANCE NO. 2025-16 ON FIRST READING.
PROPOSED ORDINANCE NO. 2025-16 IS AN ORDINANCE OF THE CITY OF PEMBROKE PINES, FLORIDA AMENDING CHAPTER 35 OF THE CITY'S CODE OF ORDINANCES, ENTITLED "PROCUREMENT PROCEDURES; PUBLIC FUNDS;" PROVIDING FOR COMPREHENSIVE REVISIONS TO THE CITY'S PROCUREMENT PROCEDURES, AS DETAILED IN EXHIBIT "A," ATTACHED HERETO AND INCORPORATED HEREIN; AMENDING THE PROCUREMENT THRESHOLD REQUIRING COMMISSION APPROVAL; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
SECOND AND FINAL READING IS SCHEDULED FOR NOVEMBER 19, 2025.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. The City Commission conducted a public workshop, on August 26, 2025, to consider presentations from the City's professional staff related to various topics including the City's procurement procedures.
2. The City seeks to ensure that all goods and services utilized by the City are procured through an open, fair and competitive process and that all potential vendors seeking to do business with the City are given an equal opportunity to compete for City business.
3. The City's professional staff has reviewed the best practices related to local government procurement and has recommended a number of revisions to Ch. 35 of the City's Code of Ordinances, pertaining to the City's procurement procedures.
4. The purpose of these amendments is to modernize the City’s procurement procedures by increasing efficiency, aligning purchasing thresholds with current market and administrative realities, clarifying staff authority, and ensuring consistency with recent state and federal laws.
5. Administration recommends the following updates to Chapter 35, "Procurement Procedures; Public Funds", of the City's Code of Ordinances to modernize procedures, clarify authority, and ensure compliance with current law:
A) General Updates:
A. Refine and clarify language in the procurement code, correcting scrivener’s errors and incorporating other minor updates for consistency and clarity.
B) Thresholds:
B1. Increase threshold for formal solicitations and City Commission approval
- Raise threshold for formal solicitations and City Commission approval from $25,000 to $100,000.
- On October 7, 1998, the City Commission adopted Ordinance No. 1285, increasing the formal solicitation and Commission approval threshold from $10,000 to $25,000, and it has remained unchanged for 27 years.
- Projects over $100,000 will continue to follow the formal solicitation process (IFB, RFP, RFQ, etc.) through the City’s OpenGov e-Procurement System.
B2. Establish a “Quick Quote” process for purchases between $25,000 and $100,000.
- Purchases over $25,000 currently require a formal competitive solicitation with full advertising and Commission approval.
- Staff recommends creating a “Quick Quote” process for purchases between $25,000 and $100,000, replacing the formal solicitation requirement in this range.
- “Quick Quotes” will be issued through the City’s OpenGov e-Procurement platform, ensuring full transparency and open competition while streamlining documentation and timelines. All Quick Quotes will be publicly visible, any member of the public, vendor, or Commission member can view them alongside the City’s formal solicitations (including IFBs, RFPs, RFQs, etc.) on both the City’s website and the OpenGov website. Interested parties may also register for automatic alerts to be notified whenever new solicitations are issued. Purchases exceeding $100,000 will continue to follow the formal solicitation process.
B3. Modify requirement for City Commission approval prior to advertisement
- Remove the blanket requirement for all solicitations to be presented to the City Commission prior to advertisement.
- Authorize the City Manager or designee to administratively approve solicitations for advertisement.
- As mentioned above in Section B2, all formal solicitations will be publicly visible, any member of the public, vendor, or Commission member can view them on both the City’s website and the OpenGov website. Interested parties may also register for automatic alerts to be notified whenever new solicitations are issued.
- In addition, the City Manager may still elect to bring certain solicitations before the City Commission for review and approval prior to advertisement, such as procurements of significant public interest and complex contracts.
B4. Amend Change Order Thresholds
- The current Code allows the City Manager to approve change orders that do not exceed 5% of the original contract amount, and includes a separate allowance for unit quantity increases up to 10%. Any change order exceeding these limits requires City Commission approval.
- Staff recommends eliminating the separate unit quantity increase provision and raising the City Manager’s approval limit to 10% of the original contract amount, while retaining the existing $25,000 cap. In other words, the City Manager may approve change orders up to 10% or $25,000, whichever is less. Any change order that exceeds either threshold would require Commission approval.
- This update simplifies administration, reduces the number of minor change orders requiring Commission action, and aligns approval limits with current project management practices, while maintaining financial oversight and accountability through the existing $25,000 cap.
C) Add the following competitive bidding exemptions:
C1. Recognition and Commemorative Items - Expand the existing exemption for food, clothing and promotional items purchased for resale or distribution to the public to include commemorative or recognition items for official City purposes such as employee recognition, safety awards, or City-sponsored events. Such purchases shall be made in a reasonable and fiscally responsible manner and approved by the City Manager or his or her designee.
C2. Used equipment and machinery - Add an exemption for purchases of used equipment or machinery. The exemption shall require that a written analysis demonstrating the reasonableness of cost, considering factors such as age, condition, market value of comparable items, and anticipated useful life will be completed by the requesting Department, and shall require the approval of the City Manager or his or her designee prior to purchase.
C3. Travel - Add an exemption for travel on official City business, including transportation, lodging, and related services.
D) Amend Section 35.34 regarding mutually beneficial arrangements when no public funds are expended:
- The current Code requires City Commission approval for mutually beneficial arrangements with private businesses that serve the public interest, provided no public funds are used.
- The proposed amendment would allow the City Manager to approve such arrangements without Commission approval, while retaining the prohibition on public funding and the fairness provision requiring that other businesses offering similar goods or services be given the same opportunity.
- This change removes ambiguity for non-financial collaborations as they are below the formal procurement thresholds and will streamline approvals, improve efficiency, and support fair, transparent partnerships that benefit City residents.
E) Repeal Section 35.39 to ensure the compliance with federal and state laws and eliminate outdated provisions:
- The City Attorney’s Office recommends repealing this section to align the Code with current federal and state laws governing employment practices and municipal contracting.
- Recent U.S. Supreme Court rulings (Obergefell v. Hodges, 2015; Bostock v. Clayton County, 2020) and the passage of Chapter 2024-80, Laws of Florida (effective September 30, 2026), render the provision unnecessary and legally preempted.
- Repeal will eliminate outdated language, reduce administrative burden, and ensure full compliance with current law.
6. The attached ordinance encompasses the changes as noted above and the entire chapter 35 related to the City's Procurement Policy is included in the ordinance with changes shown as strikethroughs and underlines.
7. These updates will streamline City purchasing operations, reduce processing time for small procurements, maintain transparency through use of the City’s OpenGov platform, and ensure that all practices comply with current legal standards.
8. Recommend City Commission to pass, on first reading, Ordinance No. 2025-16.
Financial Impact
FINANCIAL IMPACT DETAIL:
There is no financial impact related to this ordinance change.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.
BUSINESS IMPACT ESTIMATE:
Pursuant to Section 166.041, F.S., a Business Impact Estimate (BIE) must be prepared for certain ordinances that impact the operations of local businesses.
a) Is a Business Impact Estimate (BIE) Form attached to this Ordinance? Yes.
b) Is this Ordinance exempt from requiring an Business Impact Estimate (BIE)? Yes.