(A) All purchases of and contracts for goods, supplies, materials, equipment or services, when the estimated annual cost thereof shall exceed $5,000, shall, except as specifically provided in this subchapter, be based, wherever possible, on a competitive basis. For purchases of and contracts for goods, supplies, materials, equipment or services when the estimated annual cost thereof shall not exceed $5,000, a minimum of one written quote is required, with three quotes recommended.
(B) When the CPO determines that the use of competitive bidding is not practicable for a purchase of or contract for goods, supplies, materials, equipment or services with an estimated annual cost in excess of $5,000, such goods, supplies, materials, equipment or services may be purchased by competitive proposals, and a request for proposals shall be issued. To assure full understanding of and responsiveness to the solicitation requirements and full understanding of proposals, discussions may be conducted with qualified proposers. The ranked or short-listed proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions are permitted through negotiations prior to award or for the purpose of obtaining best and final offers. The award shall be made to the responsible proposer whose proposal is determined to be the most advantageous to the City.
(C) Only the following situations are exempt from the competitive bid and competitive proposal requirements of this subchapter:
(1) Emergency purchases. In urgent cases of compelling emergency that require the immediate purchase of goods, supplies, materials, equipment or services, the CPO is authorized to secure, when possible, emergency goods, supplies, materials, equipment or services by open market procedure. All such emergency purchases must receive prior administrative approval except for the most urgent situations presenting a clear and present substantial threat to life or property where immediate action is required.
(2) Sole-source goods, supplies, materials, equipment and services. Sole-source goods, supplies, materials, equipment and services, such as unique, patented, or franchised goods, supplies, materials, equipment or services, are exempt from the requirement of this subchapter if the CPO determines, after conducting a good faith review of available sources, that the particular supply or service is available from only one source. Such purchases in excess of $100,000 shall be approved by the City Commission.
(3) Original Equipment Manufacturer ("OEM") supplies. Supplies that require replacement and are only to be replaced with original manufacturer parts. The CPO will ascertain along with the using agencies which purchases are deemed as OEM and are considered exempt.
(4) Contracts for the supply of disaster preparedness. The supply of provisions, goods, supplies, materials, equipment or services made in contemplation and preparation for the occurrence of a natural or man-made disaster or of civil unrest, where, in the determination of the City Manager, and with written notice to the City Commission, availability rather than price is the controlling factor, are exempt from this subchapter.
(5) Piggyback purchases. The CPO may procure, without following formal solicitation procedures, all goods, supplies, materials, equipment, and services that are the subject of contracts with the state, its political subdivisions, the United States government, other governmental entities, or a corporation not for profit whose members are governmental entities, public officers, or any combination thereof ("piggyback"), provided that the goods, supplies, materials, equipment, or services are the subject of a price schedule negotiated by the entities listed above and is based strictly on competitive bids, quotations, or competitive proposals and not on any preference. Utilization of other governmental entities' contracts shall be permitted only during the term of the other governmental entity's contract.
(6) Construction services. Projects based on design-build, as governed by the CCNA, may be exempt from the competitive bid or competitive proposal requirements of this subchapter, if they are based on a qualifications based selection process. The CPO shall be authorized to determine whether to use competitive bids, competitive proposals, design-build or "construction management at risk", subject to the requirements of F.S. § 287.055 and any other governing State law. At the conclusion of whichever process is selected by the CPO, the purchase must receive the approval of the City Manager for those contracts which he or she is otherwise authorized to approve, or the City Commission for all other contracts.
(7) Federal Reimbursement Contracts: Provisions required by any Federal agency for the City. All contracts made by the City under Federal award will contain provisions outlined in 2 CFR 200 Subpart D sections 200.317 through 200.326 under the Uniform Guidance.
(8) Tangible personal property that goes into or becomes a part of public works. Purchases of tangible personal property that is installed by a contractor or subcontractor and that goes into or becomes a part of City property or City facilities, as part of a construction project, are exempt from this subchapter. However, this exemption shall apply only when the contractor is obligated, by the terms of the contract, not only to install the tangible personal property but also, on behalf of the City, to take all actions necessary and appropriate to cause the purchase to be made. For all purchases exempt under this paragraph, the separate approval of the City Commission shall not be required. Contractors include but are not limited to persons engaged in building, electrical, plumbing, heating, painting, decorating, ventilating, sheet metal, roofing, bridge, road, waterworks, landscape, pier, or billboard work.
(9) Best interest of the City. Purchases of and contracts for goods, supplies, materials, equipment or services, when the Commission declares by a five- sevenths (5/7ths) affirmative vote that competitive bidding and competitive proposals are not in the best interest of the City, are exempt from this subchapter. The City Commission shall not use this exemption in an arbitrary or capricious manner but shall use it only in rare situations after making specific factual findings that support its determination that competitive bidding and competitive proposals are not in the best interest of the City. In the event that competitive bidding and competitive proposals are waived under this paragraph, the open market procedure set forth in § 38.44 shall be utilized. For those contracts that the City Manager is otherwise authorized to award, he or she may waive competitive bidding and competitive proposals under this paragraph.
(10) Insurance. Purchases of insurance through the City's agent(s) of record are exempt from the competitive bid and competitive proposal requirements of this subchapter. Agent(s) of record shall be required to procure insurance on a competitive basis. However, such purchases with an estimated annual cost in excess of $100,000 require prior approval of the City Commission. When the City is self-insured, "insurance" shall include third party administrative services.
(11) Other contractual services not subject to competitive procurement requirements:
(b) Servicing or warranty work of equipment by the authorized dealer or manufacturer's representative, when required to maintain a warranty in full force and effect, or when considered to be in the best interest of the City and recommended by the using agency, and the services to be performed are by the equipment manufacturer, manufacturer's service representative, or a distributor of the manufacturer's equipment;
(c) Advertising in newspapers, periodicals, television, radio, billboards or other advertising media;
(d) Educational books, technical publications or other types of trade journals;
(e) Utilities, including but not limited to electric, water, stormwater, or sewer;
(f) Governmental, professional or organizational membership dues or fees;
(g) Shipping, freight and postage charges;
(h) Artistic, academic and entertainment performances, including entertainment, lectures, seminars, training, coaching, speeches, and cultural and artistic presentations, excluding production companies;
(i) Contracts for professional services involving peculiar skill, ability, experience or expertise that are in their nature unique.
(D) Any other provision of Chapter 38 to the contrary notwithstanding, City purchasing shall be conducted in accordance with applicable provisions of Florida Statutes.
(‘72 Code, §§ 11½-33, 11½-37)
(Ord. O-75-18, passed 2-19-75; Am. Ord. O-83-40, passed 7-20-83; Am. Ord. O-85-29, passed 9-4-85; Am. Ord. O-87-18, passed 4-1-87; Am. Ord. O-89-11, passed 3-1-89; Am. Ord. O-95-19, passed 4-4-95; Am. Ord. O-96-11, passed 5-1-96; Am. Ord. O-98-01, passed 1-21-98; Am. Ord. O-98-09, passed 5-20-98; Am. Ord. 0-9924, passed 9-8-99; Am. Ord. O-99-47, passed 12-15- 99; Am. Ord. O-2004-28, passed 11-3-04; 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; Am. Ord. O-2015-17, passed 8-26-15; Am. Ord. O-2016-18, passed 8-31-16; repealed and replaced by Ord. O-2020-07, passed 7-1-20)