§ 38.09 ORGANIZATION.
   (A)   City Manager. In accordance with the provisions of this Ordinance and City Ordinance Chapter 30, all rights, powers, duties and authority relating to the purchase and contracting of goods and services for the City Council, including the authority to approve all purchases and sign those agreements, contracts, change orders, and purchase orders for the purchase of goods and services governed by, and within the limits of this Ordinance, provided they are in conformance with the Procurement Administrative Codes, the law, and all applicable rules and regulations, are vested in the City Manager. The City Manager may delegate this authority through the promulgation of the Procurement Administrative Codes.
   (B)   The City Manager shall have the authority, duties, authorizations, and accountabilities to:
      (1)   Appoint the Chief Procurement Officer;
      (2)   Approve the Procurement Administrative Codes including the competitive threshold amounts contained therein;
      (3)   Delegate the approval authority level and delegation authority of the Chief Procurement Officer;
      (4)   Award competitive solicitations and sign, on behalf of the City, contractual agreements, purchase orders, task orders, and change orders for the purchase of goods and/or services required by the City of less than the Mandatory City Council approval amount;
      (5)   Sign all contractual agreements, purchase orders, task orders, and change orders, for the purchase of goods and/or services required on behalf of the City that exceed the mandatory City Council approval amount after award approval by the City Council;
   (C)   Procurement Department. The Procurement Department shall oversee and conduct all of the City's procurement and contracting for supplies, goods, equipment, contractual services, professional and consultant services, capital improvements and construction and/or any combination of goods and services.
   (D)   Chief Procurement Officer. In accordance with the provisions of this Ordinance, the Chief Procurement Officer shall serve as the principal officer for the contracting and/or purchase of goods and services. The City Manager may delegate all rights, powers, duties and authority relating to the purchase and contracting of goods and services for the City Council, including the authority to approve all purchases and sign those agreements, contracts, change orders, and purchase orders for the purchase of goods and services governed by, and within the limits of this Ordinance, provided they are in conformance with the Procurement Administrative Codes, the law, and all applicable rules and regulations.
   (E)   The Chief Procurement Officer shall have the following duties, responsibilities, authorizations, and accountabilities:
      (1)   Administer the central procurement and contracting function for the City;
      (2)   Determine conditions and procedures for further delegation(s) of purchase authority to Procurement Staff and other Department Heads within the authority delegated to the Chief Procurement Officer by the City Manager;
      (3)   Determine the conditions and procedures for the use of source selection methods authorized by this Ordinance, including determination of sole source and emergency purchases;
      (4)   Maintain, or arrange for maintenance of, a current vendor database of possible sources of supply for all goods and services purchased by the City;
      (5)   Provide for the establishment/ promulgation of Procurement Administrative Codes. Such procedures and processes shall be in compliance with this Ordinance and may not conflict with the thresholds or approval requirements set forth in this Ordinance. The Procurement Administrative Codes, as approved by the City Manager shall define the minimum threshold amounts at which competitive quotes and other competitive solicitations under the mandatory City Council approval amount shall be required by the City;
      (6)   As permitted within the Procurement Administrative Codes, award competitive solicitations and sign, on behalf of the City, all contractual agreements, purchase orders, task orders, and change orders for the purchase of goods and/or services required by the City of less than the mandatory City Council approval amount and as otherwise stipulated in this Ordinance;
      (7)   As permitted within the Procurement Administrative Codes, award, and sign contractual agreements, purchase orders, task orders, and change orders, for the purchase of goods and/or services required on behalf of the City, that exceed the mandatory City Council approval amount after award approval by the City Council, and as otherwise stipulated in this Ordinance;
      (8)   Determine the use and amount of bid security, payment bonds, performance bonds, and other securities in connection with all solicitation documents and contracts for supplies, services, and capital improvements and construction, as limited in Fla. Stat. § 255.05;
      (9)   Reject bids or proposals which are nonresponsive or non-responsible, including those due to late submittal;
      (10)   Negotiate the best terms and conditions for any purchase where only one (1) responsive and responsible bid or proposal is received;
      (11)   Standardize, to the extent possible, the terms and conditions and contractual clauses of all solicitation documents, contracts, and purchase order boilerplate;
      (12)   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 businesses' participation in the procurement process;
      (13)   Make final determinations of the day-to-day activities and functions for procurement related matters not specifically addressed in this Ordinance; and,
      (14)   Perform other duties as directed by the City Council or the City Manager.
(Ord. 2016-59, passed 8-16-16; Am. Ord. 2020-72, passed 11-5-20)