(A) The CPO shall be the Director of the Office of Procurement Services and Contract Compliance. The CPO shall serve as the principal officer for the contracting and/or purchase of goods, supplies, materials, equipment or services for the City and its using agencies. Within the limits of this subchapter, all rights, powers, duties and authority relating to the procurement and contracting of goods, supplies, materials, equipment or services for the City, including the authority to approve purchases and execute agreements, contracts, change orders, and purchase orders for the purchase of goods, supplies, materials, equipment or services, provided they are in conformance with this subchapter, other relevant law, and all applicable rules and regulations, are vested in the CPO. The CPO shall perform all duties required of a director and as directed by the City Manager. The CPO shall:
(1) Administer the centralized procurement and contracting process for the City;
(2) Determine conditions and procedures for the delegation of procurement authority;
(3) Determine the conditions and procedures for the use of source selection methods, including determination of sole source, proprietary, original equipment manufacturer, and emergency procurements;
(4) Maintain a Procurement Manual. The procedures and processes contained in the Procurement Manual shall be in compliance with this subchapter;
(5) Award competitive solicitations within the CPO's authority, and execute, on behalf of the City, contractual agreements, purchase orders, ancillary documents, and change orders for the purchase of goods, supplies, materials, equipment or services required by the City of less than the mandatory City Commission approval thresholds and as otherwise stipulated in this subchapter;
(6) For those procurements that are not required to be approved by the City Commission, execute contractual agreements, purchase orders, ancillary documents, renewals, and change orders when so delegated by the City Manager;
(7) Determine the solicitation type, use and amount of bid security, payment bonds, performance bonds, and other securities in connection with all solicitation documents and contracts for goods, supplies, materials, equipment or services, in accordance with Florida Statutes;
(8) For those procurements that are not required to be approved by the City Commission, have the authority to reject bids or proposals that are non-responsive or non-responsible, including those due to late submittal;
(9) Negotiate a reasonable price when only one responsive and responsible bid or proposal is received;
(10) Standardize, with approval of the City Attorney or designee, to the extent practicable, terms and conditions and contractual clauses for all solicitation documents, contracts, and purchase orders;
(11) Take all necessary action to further the objectives of the City with regard to the promotion and encouragement of local, minority owned, and women owned firms' participation in the procurement process pursuant to federal law;
(12) Make final determinations of the daily activities and functions of procurement related matters not specifically addressed in this subchapter, consistent with applicable laws;
(13) In the event additional time is required to prepare and/or award a competitive solicitation, have the authority to extend an existing contract for the necessary time period with prorated dollar authorization, provided such extension in no event shall exceed 120 days following the expiration of the contract;
(14) Evaluate responses to solicitations and establish selection committees as set forth in the Procurement Manual; and
(15) Transfer to or between using agencies, or sell surplus, obsolete or unused goods, supplies, materials, or equipment.
(16) Ensure that all entities from which the City procures goods, supplies, materials, equipment or services are authorized to do business in the State of Florida.
(B) Purchasing power.
(1) The CPO shall have the power to purchase or contract for all goods, supplies, materials, equipment, and services needed by all of the departments, institutions, boards, commissions and other agencies that derive their support wholly, or in part, from City funds.
(2) Unauthorized purchases. Except as otherwise provided, it shall be unlawful for any City officer or employee to order the purchase of any goods, supplies, materials, equipment or services, or make any contract for municipal goods, supplies, materials, equipment, or services within the purview of this subchapter other than through the procurement office, and the City shall not be bound by any purchase order or contract made contrary to the provisions in this subchapter. Procedures for correction and ratification of unauthorized purchases shall be established and set forth in the Procurement Manual.
(3) Other powers and duties. In addition to the purchasing authority conferred in division (B)(1) above, and in addition to any other powers and duties conferred by this subchapter, the CPO shall:
(a) Be responsible to the City Manager for the effective administration of the procurement office and all activities assigned to the procurement office.
(b) Keep informed as to current practices consistent with sound purchasing principles.
(c) Establish, with the approval of the City Manager or designee, such new practices as may be deemed appropriate.
(d) Provide for the promulgation of rules and regulations for City procurements, which shall be reviewed and amended from time to time.
(e) Upon request, submit periodic reports of activities to the City Manager.
(f) Upon request, establish and maintain a system, with sufficient detail, to furnish all information necessary for proper control of procurement office activity and to form a basis for periodic reports to the City Manager.
(g) Recommend to the City Manager the appointment, promotion, demotion and removal of subordinate employees, subject to civil service rules and regulations.
(h) Act to procure for the City the appropriate quality and quantity of goods, supplies, materials, equipment or services at the least expense to the City.
(i) Endeavor to obtain as full and open competition as possible for all purchases and sales.
(j) Recommend to the City Manager the adoption of all rules and regulations authorized by this subchapter and any other necessary to its operation.
(k) Keep informed of current developments in the field of purchasing: prices, market conditions and new products, and secure for the City the benefits of research done in the field of purchasing by professional procurement/ supply chain organizations, other governmental jurisdictions, national technical societies, trade associations having national recognition, and private businesses and organizations.
(l) Prescribe and maintain such forms as are necessary for the implementation of this subchapter.
(m) Where possible, establish sets of standards and specifications to control all purchases by the City, and prepare and recommend to the City Manager such standards as to quality, size and variety of goods, supplies, materials, and equipment used by the using agencies as will make possible uniform purchasing for all City departments and offices.
(n) When appropriate, purchase "in bulk" so as to take full advantage of discounts.
(o) Obtain all appropriate sales tax exemptions.
(p) Have the authority to debar a person or entity from participation in procurements for the City:
(i) The CPO may debar a person or entity from participation in procurements for the City if there is reason to believe that the person or entity has engaged in any activity that violates any provision of the Procurement Code. The debarment shall be for a period not to exceed two years. The CPO may debar a person or entity for any other cause the CPO determines requires such debarment.
(ii) The CPO shall issue a written decision of debarment to the person or entity involved. A copy of the decision shall be immediately mailed or otherwise delivered to the person or entity debarred.
(iii) The process for an appeal of a debarment will substantially follow the process for a Bid or Award Protest as set forth in § 38.52 below, and will be further set forth in the Procurement Manual.
(q) Have the authority to delegate to the using agencies the authority to purchase, under the open market procedures described in § 38.44, goods, supplies, materials, equipment or services of not more than the estimated value of $2,500, excluding those items that are inventoried or have been contracted for by the procurement office.
(r) In the event that the City requires the ability to manage inventory under the centralized procurement system, the CPO or designee shall be responsible for the management of such inventory, staff, and purchases.
(‘72 Code, §§ 11½-31, 11½-32)
(Ord. O-75-18, passed 2-19-75; Am. Ord. O-93-33, passed 7-21-93; Am. Ord. O-95-19, passed 4-4-95; Am. Ord. O-95-67, passed 11-1-95; Am. Ord. O-2004-24, passed 9-29- 04; Am. Ord. O-2005-20, passed 10-11-05; Am. Ord. O-2012-10, passed 5-2-12; Am. Ord. O-2015-17, passed 8-26-15; repealed and replaced by Ord. O-2020-07, passed 7-1-20)