For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUDGET. The annual appropriations for each using agency established by resolution of the City Commission, together with resolutions amending annual appropriations.
CCNA. The Consultants Competitive Negotiation Act, set forth in F.S. § 287.055.
CHIEF PROCUREMENT OFFICER ("CPO"). Is responsible for the City procurement processes, work, policies, and staff performing such functions. The primary duties and responsibilities of the CPO are set forth in § 38.40 of this Procurement Code.
COMMERCIALLY USEFUL BUSINESS FUNCTION. A business function that adds value to the goods, supplies, materials, equipment and services supplied under contract. A business is considered to perform a commercially useful business function when it is responsible for execution of a distinct element of work of a contract and carrying out its responsibilities by actually performing the work requested. Businesses that merely act as a conduit do not perform a commercially useful business function. In determining whether a business performs a commercially useful business function, consideration will include but not be limited to whether the business adds value to the service or product provided; the amount of work subcontracted; industry practice; whether the business has a distributorship
agreement with the manufacturer; whether the business warrants the product or service; and whether the business provides the product or service to the public or other businesses.
COMPETITIVE BASIS. The process that is used when a Formal Solicitation Procedure as set forth in this subchapter is not used, with different requirements depending upon the value of the procurement. These requirements are set forth in detail in the Procurement Manual.
COMPETITIVE BID, COMPETITIVE BIDDING. A procurement method in which (1) prices from competing contractors, suppliers or vendors are invited by openly advertising the scope and specifications of the proposed contract, and (2) the contract is awarded based on lowest price and best value to the City.
COMPETITIVE NEGOTIATION.
(1) A procedure in which the City negotiates a contract for goods, supplies, materials, equipment or services, professional or non-professional, including construction, real estate development, engineering services, or other types of agreements that result in an expenditure of funds or efforts authorized by competitive selection or an approved sourcing methodology;
(2) Should the City be unable to negotiate a satisfactory contract with a firm considered to be the most qualified, at a price the City determines to be fair and reasonable, negotiations with that firm shall be formally terminated. The City shall then undertake negotiations with the second ranked or most qualified firm and thereafter, if necessary, with the next highest ranked firm;
(3) Should the City be unable to negotiate a satisfactory contract with any of the selected firms, additional firms may be selected in accordance with the ranking received in the initial competitive solicitation process; and
(4) Negotiations may continue until an agreement is reached or the negotiation process is terminated for failure to reach an agreement.
COMPETITIVE PROPOSALS. Sealed documents submitted in response to a Request for Proposals, Request for Qualifications, Request for Quotations, Invitations to Negotiate, or Invitations to Bid, which are to be opened at the time and place stated in the solicitation or public notice.
COMPETITIVE SELECTION. A procedure in which:
(1) Selection committees are appointed by the City Manager or the CPO or designee(s) to evaluate bid responses, proposals, and statements of qualifications, or any other documents submitted by firms. However, for invitations to bid, a selection committee does not require a formal appointment, but is subject to review and approval of the CPO.
(2) The ideal selection committee consists of no less than three and no more than five members, and shall include at least one subject matter expert from the using agency. The City Manager shall not serve on a selection committee. The City Attorney or designee shall serve as counsel to the selection committee.
(3) Technical advisors may be used by selection committees to assist with providing operational insight, expertise, or aid. Technical advisors are not voting members and are available to the selection committee as needed.
(4) The selection committee shall determine the relative ability of each firm or respondent to perform.
(5) For RFQs for architectural, engineering, landscape architectural or registered land surveying services, the selection committee shall recommend to the City Commission no fewer than three firms, in order of preference, deemed to be most highly qualified to perform the required services, and the City Commission shall select no fewer than three firms in order of preference, deemed to be most highly qualified to perform the required services. All CCNA procurement efforts must be in compliance with F.S. § 287.055.
CONSTRUCTION. Services to construct, repair, alter, remodel, add to, demolish, subtract from or improve any building or structure, and related improvements to real estate, including but not limited to services performed on bridges, roads and streets, or underground, and including construction management services and/or design/build services.
CONSTRUCTION MANAGEMENT AT RISK. A method of construction contracting in which the prime contractor is selected by competitive selection and competitive negotiation to provide management and contractual responsibility for the total construction project. A fee is negotiated for profit, overhead and direct management costs. All subcontracts are awarded by the prime contractor based on competitive bids received in
response to invitations to bid issued by him/her. A guaranteed maximum price, or GMP, is provided by the prime contractor, and the total price paid to the prime contractor is either the fee plus the actual construction cost or the guaranteed maximum price, whichever is less.
DESIGN PROFESSIONAL. An individual or entity licensed by the state who holds a current license or certificate of registration under F.S. Chapter 481 to practice architecture or landscape architecture, under F.S. Chapter 472 to practice land surveying and mapping, or under F.S. Chapter 471 to practice engineering, and who enters into a professional services contract.
PROFESSIONAL SERVICES CONTRACT. A written agreement relating to the planning, design, construction, administration, study, evaluation, consulting, or other professional and technical support services as outlined in the CCNA, as well as other professional services including attorneys, financial services, audit services, actuarial services, advertising and marketing services, scientific and medical services, information technology services, health insurance brokers/consultants, management or strategy consulting services, and other professionals with peculiar skills and abilities.
RESPONSIBLE PROPOSER, BIDDER, OFFEROR, or RESPONDENT. A firm or individual that is fully capable of meeting all requirements of the solicitation and subsequent contract. The respondent must possess the full capability, including financial and technical, ability, business judgment, experience, qualifications, facilities, equipment, integrity, and reliability, in all respects to perform fully the contract requirements and assure good faith performance as determined by the City.
RESPONSIVE PROPOSER, BIDDER, OFFEROR, or RESPONDENT. A firm or individual that has submitted a bid, offer, quote, or response that conforms in all material respects with the competitive solicitation document and all of its requirements.
REVERSE AUCTION. A type of auction in which (1) the City puts a contract for goods, supplies, materials, equipment or services out to bid, (2) bidding is performed in real-time via the Internet with bidders unable to see the bids of their competitors during the auction, and (3) the auction progresses with the intent that the price will decrease as bidders compete to offer lower bids than their competitors.
SOFTWARE MAINTENANCE. Contracts, agreements, and other documents by which the City engages
a firm for continued use, access, or updates of software used by the City, whether by subscription or on City servers.
UNAUTHORIZED PROCUREMENT. Any purchase of an item or service in a manner that is inconsistent with this subchapter, including any item or service that is:
(1) Purchased without sufficient funds as determined by the Department of Financial Services; or
(2) Splitting orders of the same or like materials/requirements into two or more individual purchases with the intention of circumventing the competitive solicitation requirements or City Commission approval thresholds.
USING AGENCY. Any department, agency, commission, bureau, office or other entity in the City government that is procuring goods, supplies, materials, equipment or services as provided in this subchapter.
(‘72 Code, § 11½-30) (Ord. O-75- 18, passed 2-19-75; Am. Ord. O- 95-19, passed 4-4-95; Am. Ord. O- 99-47, passed 12-15-99; Am. Ord. O-2004-24, passed 9-29-04; Am. Ord. O-2005-20, passed 10-11-05; Am. Ord. O-2009-11, passed 5-6- 09; Am. Ord. O-2011-08, passed 3- 16-11; repealed and replaced by Ord. O-2020-07, passed 7-1-20)