For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGREEMENT. All types of contracts, included in the course of dealing, performing, and usage of trade. See "Contract" for additional information.
   AMENDMENT. Any written alteration issued to modify or amend a contract or purchase order in specifications, delivery point, frequency of delivery, period of performance, price, quantity, or other provisions of the contract or agreement, accomplished by mutual agreement of the parties to the contract.
   AS TO FORM. Legal sufficiency and format of documents and agreements that are reviewed by an attorney prior to their execution, while not commenting on the business merits of their contents.
   AWARD. The selection of a bidder, proposer, quoter, or offeror prior to issuance of a purchase order or contract.
   BEST INTEREST OF THE CITY. A judgmental assessment of what will result in a maximum benefit being conferred upon the City.
   BEST VALUE. A procurement method that emphasizes value as much as, or more than, price. Best value may be based on, but not be limited to the following: the competitive solicitation evaluation criteria, subsequent discussions, presentations, demonstrations, negotiations, past performance, project management experience, prime contractor qualifications, sub-contractor qualifications, similar projects completed, adequacy of facilities or equipment, technology, location, sustainability, diversity, contract terms and conditions, project completion time, technical solutions, and pricing.
   BID. A formal written price offer by a vendor offering to furnish specific goods or services to the City in response to an Invitation for Bids.
   BUSINESS. Any bidder, proposer, or quoter, whether owned individually or collectively. The term "business" shall also mean a person, sole proprietorship, firm, partnership, company, corporation, joint-venture, or other business entity that is duly licensed, if required, and authorized to transact business in the State of Florida.
   CAPITAL IMPROVEMENT PROJECT. Construction as defined herein.
   CHIEF PROCUREMENT OFFICER. The individual in charge of, and responsible for, centralized procurement for the City, or his or her designee.
   CITY. The City of Palm Bay.
   CITY MANAGER. The person holding that title or his or her designee.
   COMPETITIVE SOLICITATION. Competitive purchasing via any of the following procurement solicitation documents: Invitation for Bids, Multi-step Competitive Solicitation/Request for Information, Request for Proposals, Request for Qualifications, and Invitation to Negotiate which are used to competitively select vendors to provide the delivery of goods and services to the City.
   CONSTRUCTION. The process of constructing any road, bridge pedestrian pathway, building, and altering, repairing, improving, renovating, or demolishing any structure, building, road, bridge or other improvements of any kind to any real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.
   CONSTRUCTION CHANGE ORDER. A written bilateral (agreed to by all parties) or unilateral (government orders a contract change without the consent of the contractor) alteration that is used to modify or amend a contract and that directs the contractor to make changes to the contracted scope of work or specifications. In reference to construction contracts, it relates primarily to changes caused by unanticipated conditions encountered during construction not covered by the drawings, plans, or specifications of the project.
   CONSTRUCTION MANAGER (CM). The firm that replaces the general contractor and works for a fee with the City and the architect or designer through the design phase to contain the budget and schedule. The Construction Manager shall provide a guaranteed maximum price (GMP) and bids the work out to local trade sub-contractors. The Construction Manager mobilizes the site and manages the trade sub-contractors for quality and schedule.
   The Construction Manager shall also coordinate with the City's project manager where applicable to take advantage of direct material purchases to save tax dollars.
   CONSULTANT. A firm or person providing professional services for the City.
   CONSULTANTS' COMPETITIVE NEGOTIATION ACT (CCNA). Fla. Stat. § 287.055, pertaining to the acquisition of architects, engineers, land surveyors, landscape architect, and/or mapping services.
   CONTINUING CONTRACT. A type of contract, as defined in Fla. Stat. § 287.055, for professional services between the City and a firm whereby the firm provides professional services to the City for projects in which the estimated construction cost of each individual project under the contract does not exceed the amount as currently specified in Florida Statutes, or for study activity if the fee for professional services for each individual study under the contract does not exceed the amount as currently specified in Florida Statues, or for work of a specified nature as outlined in the contract required by the agency, with the contract being for a fixed term or with no time limitation except that the contract must provide a termination clause. Firms providing professional services under continuing contracts shall not be required to bid against one another
   CONTRACT. All types of agreements, including purchase orders, for the procurement of supplies, services, and construction, regardless of what these agreements may be called.
   CONTRACTOR. Any firm having a contract with the City.
   CONTRACTUAL SERVICES. Any services provided to the City via contract or purchase order, and includes, but shall not be limited to, security, maintenance and cleaning services; and the repair or maintenance of equipment and machinery or other City-owned personal property.
   COOPERATIVE PURCHASING. The action taken when two (2) or more entities combine their requirements to obtain advantages of volume purchases including administrative savings and other benefits. A variety of arrangements whereby two (2) or more public purchasing units purchase from the same supplier or multiple suppliers using a single IFB or RFP.
   DEBARMENT. Permanent prohibition of a vendor or contractor from doing business with the City.
   DEPARTMENT. Any department, division, board, committee or other unit in the city government using supplies or procuring services as provided for in this subchapter.
   DESIGN-BUILD. A delivery method for construction projects that combines the architectural, engineering, and construction services required by a project in to a single contractual agreement.
   DESIGNEE. A duly authorized representative of a person holding a position of authority.
   EMERGENCY PURCHASE. A purchase made due to an unexpected and urgent request where health and safety or the conservation of public resources is at risk. Usually formal competitive bidding procedures are waived.
   EX PARTE COMMUNICATION. Any oral or written communication relative to a solicitation, evaluation, award or contract controversy that occurs outside of an advertised public meeting or occurs with someone other than the Chief Procurement Officer, subject to the exclusions identified in § 38.21 of this Ordinance.
   FIRM. Any company, corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, governmental body or similar legal entity.
   GOODS. Anything purchased other than services or real property.
   INTERNAL PROCEDURES OF PROCUREMENT. Those appropriately promulgated directives having general or particular applicability designed to implement or interpret this Ordinance, or describing organization, procedure, processes, or practice requirements as prescribed by the City Manager or Chief Procurement Officer. Such directives shall be included in the City's Procurement Administrative Codes.
   INVITATION FOR BIDS (IFB). The solicitation document used for soliciting competitive sealed bids for goods or services.
   INVITATION TO NEGOTIATE (ITN). All solicitation documents, regardless of medium, whether attached to or incorporated by reference in solicitations for responses from firms which invites proposals from interested and qualified firms so the City may enter into negotiations with the firm or firms determined most capable of providing the required goods and services.
   LEGALLY SUFFICIENT. The designation that a public contract or document on its face is legal, valid and binding.
   MANDATORY CITY COUNCIL APPROVAL AMOUNT. The minimum purchasing amount at which City Council approval is required. The mandatory City Council approval amount shall be equal to or greater than one hundred thousand dollars ($100,000.00) total expenditure for the initial contract term. Purchases not exceeding the mandatory City Council approval amount shall be made in accordance with the Procurement Administrative Codes.
   MAY, SHOULD and CAN mean the permissive.
   PROCUREMENT. All functions pertaining to buying, purchasing, renting, leasing, contracting for, or otherwise acquiring any goods, supplies, services, professional services, capital improvement and construction projects, including description of requirements, solicitation and selection of sources, negotiations, preparation, award and execution of contracts and orders. PROCUREMENT may also include the combined functions of purchasing, inventory control, receiving, inspection, storekeeping, salvage and disposal operations.
   PROCUREMENT ADMINISTRATIVE CODES. The administrative regulations and the internal procurement procedures that describe rules, regulations, policies and procedures approved by the City Manager to be followed by the Procurement Department and the departments it serves.
   PROFESSIONAL SERVICES. Services, the value of which is substantially measured by the professional competence of the person performing them, and which are not susceptible to realistic competition by cost of services alone, rendered by members of a recognized profession or possessing a special skill. Such services are generally acquired to obtain information, advice, training, or direct assistance. Professional services shall include, but not be limited to, services customarily rendered by architects, landscape architects, engineers, surveyors, mappers, certified public accountants, financial experts, attorneys, information technology firms, insurance related services, planning, legislative, and management consultants.
   PROPOSAL. The response to a competitive solicitation that addresses a proposer's experience, qualifications, approach and other factors that may be required by the City in the solicitation documents.
   PURCHASE ORDER. A document by which the City acquires goods and services at a stated price, formalizing all the terms and conditions of a proposed transaction, such as a description of the requested items, delivery schedule, terms of payment, and transportation. Such document may be a unilateral contract until acted upon by the vendor, or a binding contractual agreement wherein the City accepts a priced offer from a vendor.
   REQUEST FOR INFORMATION (RFI). A non-binding method whereby the City publishes via newspaper, internet, or direct mail its need for input from interested parties for an upcoming solicitation. A procurement practice used to obtain scopes of work, specifications, comments, feedback or reactions from potential suppliers (contractors); often occurs prior to the issuing of a solicitation. Feedback may include best practices, industry standards, technology options, preferred timeframes, budgetary cost, etc.
   REQUEST FOR PROPOSALS (RFP). The solicitation document used for soliciting competitive sealed proposals to determine the best value among proposals for goods or services for which price may not be the prevailing factor in award of the contract, and/or the scope of work, specifications or contract terms and conditions may be difficult to define. Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal using identified weighted evaluation criteria. RFPs will include price criteria whenever feasible, at the discretion of the City.
   REQUEST FOR QUALIFICATIONS (RFQ). The solicitation document utilized for requesting statements of qualifications in order to determine the most qualified proposer for professional services as defined in Fla. Stat. § 287.055. An RFQ shall not include price as a criteria for evaluation purposes.
   RESPONSIBLE. Refers to a person or firm who 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, licenses, facilities, equipment, integrity, capability, and reliability, in all respects to perform fully the contract requirements and assure good faith performance as determined by the City. Criteria to be considered in meeting this determination may include:
      (1)   The ability, capacity and skill of the firm to perform the contract or provide the services required;
      (2)   Whether the firm can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
      (3)   The character, integrity, reputation, judgement, experience, and efficiency of the firm;
      (4)   The quality of performance of previous contract or services;
      (5)   The previous and existing compliance by the firm with laws and ordinances relating to the contract or services;
      (6)   The sufficiency of the financial resources and ability of the firm to perform the contract or provide the service;
      (7)   The quality, availability and adaptability of the supplies or contractual services to the particular use required;
      (8)   The ability of the firm to provide future maintenance and service; and
      (9)   The number and scope of non-conforming conditions attached to the proposal.
   RESPONSIVE. Refers to a person or firm who has submitted a bid, proposal, offer, quote, or response which conforms in all material respects to the competitive solicitation documents and all of its requirements at the time of opening the responses. Determination of whether an omission, error or failure to conform is material is at the sole discretion of the city.
   SERVICES. The furnishing of labor, time, skill, expertise, or effort by a consultant or a contractor rather than providing specific goods and commodities. Such services may include, but not be limited to: general consultations, construction, operation, cleaning, repairs and maintenance of City personal property, equipment and real property, studies, reports and findings of consultants engaged thereunder, and technical and social services. This term shall not include employment agreements or collective bargaining agreements, for purposes of this Ordinance.
   SHALL, MUST, and WILL mean the imperative.
   SMALL PURCHASE. Any purchase not exceeding a given upper monetary limit, as established by the Procurement Administrative Codes.
   SOLE SOURCE. An item that is the only one that will produce the desired results, or fulfill the specific need, and the item is available from only one source of supply. Therefore, there is an inability to obtain competition. Due diligence must be performed to verify an item is truly a sole source, and the original justification documentation shall be properly maintained.
   SPECIFICATIONS. A precise description of the physical or functional characteristics of a good, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply or service for delivery. It may also include a reference to a specific name brand name, model, or equal.
   STANDARDIZATION. The adoption of a single product, brand, or group of products to be used by the City. Standardization can be achieved through the competitive solicitation process, the sole source process, the Request for Information (RFI) process, or other process as detailed in the Procurement Administrative Codes and approved by City Council when standardization results in an initial expenditure within the Mandatory Council Approval amount.
   SUPPLIES. All tangible items purchased and consumed by the City.
   SUSPENSION. The temporary prohibition of a vendor or contractor to do business with the City for a period not to exceed two (2) years.
   TASK ORDER. A contract order against an indefinite delivery/indefinite quantity contract for professional services that provides for the issuance of orders for professional services during the contract period.
   TERM CONTRACT. A type of contract in which a source of supply is established for a specified period for specified services or supplies, but with no commitment to purchase a particular quantity; usually characterized by an estimated or minimum quantity, with the possibility of additional requirements beyond the minimum, all at a predetermined unit price. Sometimes referred to as a time and material contract.
   VENDOR or SUPPLIER. An actual supplier or potential supplier of goods and/or services.
   VENDOR DATABASE. The compilation of vendor information via technology which provides the ability to prepare a written and electronic list of those vendors who have indicated an interest in doing business with the City by category (commodity code). This list is commonly known as a Bidder List.
(Ord. 2016-59, passed 8-16-16; Am. Ord. 2018-59, passed 11-15-18; Am. Ord. 2020-72, passed 11-5-20)