(A)   Application. The competitive selection process provisions of this Ordinance shall apply to every purchase by the City Council and the departments which are under the control of the City Council, irrespective of their funding source, including State and Federal assistance monies and grants, except as otherwise specified in City Ordinance, City Charter, or by Federal, State or local laws or grant terms and conditions. In cases where state or federal funds are being used to fund a project or program, the guidelines contained therein for procurement shall be followed, in addition to the City's requirements.
   (B)   Exclusions. The competitive solicitation and selection processes stipulated in this Ordinance shall not apply to the following:
      (1)   Emergency purchases as defined in § 38.06;
      (2)   Sole source purchases as defined in § 38.06;
      (3)   Contracts with, and purchases from, other public entities;
      (4)   Utilities, including water, wastewater, sewer, gas, electrical, etc.;
      (5)   Cable and satellite television providers;
      (6)   Magazine subscriptions and/or periodicals and publications;
      (7)   Membership dues for trade or professional organizations;
      (8)   Travel and training expenses for employees;
      (9)   Items purchased for resale, to include accessories, apparel and equipment;
      (10)   Advertising: radio, newspapers, magazines, professional organizations, television, and any other related media;
      (11)   Postage, including overnight delivery services;
      (12)   Copyrighted materials or patented works, including books, maps, periodicals, testing or instructional materials;
      (13)   Governmental fees;
      (14)   Licenses and permits;
      (15)   Real estate, including:
         (a)   Real property (land and/or buildings) purchase, lease or rental;
         (b)    Closing/processing fees;
         (c)   Abstracts of titles; or
         (d)   Title insurance.
      (16)   Medically prescribed equipment or apparatus;
      (17)   Professional services, including:
         (a)   Court reporter services;
         (b)   Medical services, such as Medical Director service for Fire Rescue;
         (c)   Veterinarian services;
         (d)   Legal services;
         (e)   Expert witnesses;
         (f)   Entertainers;
         (g)   Teachers, speakers and specialized instructors;
         (h)   Recreational program instructors; and
         (i)   Professional services when utilized by the City in the settlement and administration of workers' compensation and liability claims, such as:
            1.   Private investigators; or
            2.   Expert witnesses.
   However, no court reporter services, legal services, expert witnesses, or professional services when utilized by the City in the settlement and administration of workers' compensation and liability claims, such as private investigators may be procured without the approval of the City Attorney or his or her designee.
      (18)   Maintenance and support of existing software/hardware, equipment, machinery, vehicles, and other City-owned items, such as annual maintenance agreements for City- owned software, or warranty or OEM parts and repairs with availability restricted by the manufacturer;
      (19)   Direct material purchases also called Owner Direct Purchases, such as purchases of materials, equipment, prefabricated elements and components, appliances, furniture, fixtures, and other goods, pursuant to a program contained in a construction contract that has been awarded in accordance with any provision of this Ordinance, whereby the City makes such purchases directly from a vendor, subcontractor or material supplier by using a City purchase order;
      (20)   Services provided by institutions of higher learning, not-for-profit organizations, non-profit organizations, state sponsored institutions, and other governmental and public agencies;
      (21)   Cooperative purchases from contracts established by local, state, or national cooperative purchasing organizations, Federal GSA, and State of Florida term contracts;
      (22)   Piggyback purchases utilizing contracts and agreements entered into by another governmental or public entity and a provider of supplies or services required by the City, if the Chief Procurement determines that it is practicable and advantageous for the City to employ this method of purchase;
      (23)   Petty cash purchases and reimbursements
      (24)   Purchasing card (P-Card) purchases;
      (25)   Employment contracts;
      (26)   Works of art for public places;
      (27)   City sponsored events at hotels, motels, restaurants and similar facilities;
      (28)   Products purchased from the blind, and other severely impaired persons (RESPECT) in accordance with Fla. Stat. § 413.036;
      (29)   Products purchased from the Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE), in accordance with Fla. Stat. § 946.515
      (30)   Goods and/or services given, or accepted by the City via grant, donation, gift, or bequest;
      (31)   Publications from publishers or exclusive distributors of such publications;
      (32)   Patented materials;
      (33)   Processed media: books, movies, slides, videos, and other from processor, producer or exclusive distributor;
      (34)   Naming rights or sponsorships;
      (35)   Contracts for Private Property expending Community Development Block Grant (CDBG), Neighborhood Stabilization (NSP), HOME Incentive Partnership, or State Housing Initiative Partner (SHIP) funds, or other similar programs: Contracts for contractual services for the rehabilitation of private property that are funded from CDBG, NSP, HOME Incentive Partnership, or SHIP funds or other similar programs, so long as these expenditures are in compliance with the program requirements of Housing and Urban Development (HUD), the Code of Federal Regulations (CFR), City policies and guidelines, and Council-approved program documents; and
      (36)   Service animals to include police canines.
   (C)   Special procurements and waiver of the procurement process. Notwithstanding any other provision of this Ordinance, the City Council, with recommendation of the City Manager and Chief Procurement Officer, may initiate a procurement above $25,000 where the City Manager and Chief Procurement Officer determine that an unusual or unique situation exists that makes the application of all requirements of competitive bidding or competitive proposals contrary to the public interest. A written determination of the basis for the procurement and for the selection of the vendor shall be included in the Legislative Memorandum describing all such determinations prior to Council action.
   (D)   With respect to the excluded and special procurement items above, the City will make its best efforts to acquire these items and services at reasonable prices from qualified or specified sources.
(Ord. 2016-59, passed 8-16-16; Am. Ord. 2017-52, passed 8-3-17; Am. Ord. 2020-72, passed 11-5-20)