§ 35.18 COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS.
   (A)   A purchase of or contract for commodities or services that is estimated by the Chief Procurement Officer to cost more than $25,000 shall be based on sealed competitive solicitations as determined by the Chief Procurement Officer, except as specifically provided herein.
   (B)   For all capital improvement projects where the services of a professional architectural, engineering, landscape architectural, or survey and mapping services are required, the Chief Procurement Officer, with the approval of the City Manager, will adhere to the following guidelines:
      (1)   For all capital improvement projects , the Chief Procurement Officer, with the approval of the City Manager, shall determine the project delivery method to be utilized to complete the project and shall present the recommendation as part of the request for approval of bid advertisement as required in § 35.19(A).
   (C)   Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:
      (1)   Emergency purchases. In urgent cases of compelling emergency that require the immediate purchase of commodities or services, the City Manager is empowered to waive competitive bidding or competitive proposals and authorize the Chief Procurement Officer to secure by open market procedure any commodities or services, notwithstanding the estimated cost of the commodities or services.
      (2)   Professional services. Contracts for professional services involving peculiar skill, ability, experience or expertise, which are in their nature unique and not subject to competitive bidding, or competitive proposals, are exempt from this section; however, state laws, such as the Consultants’ Competitive Negotiation Act of the state statutes, as may be amended from time to time to the extent applicable, shall be followed.
      (3)   City standard, single-source and sole- source commodities or services. City standard, single- source and sole-source commodities or services are exempt from this section.
      (4)    Disaster preparedness. Contracts for and purchases of commodities or services that are made in contemplation and preparation for and in response to the occurrence of a natural or man-made disaster or civil unrest, where time or availability rather than price is the controlling factor, are exempt from this section.
      (5)   Utilization of other governmental agencies’ contracts. Commodities or services that are the subject of contracts with the state its political subdivisions or other governmental entities including the United States government, are exempt from this section, provided, however, that this division shall apply only if the contract expressly permits or if the awarding jurisdiction and/or the vendor agree to allow the city to purchase therefrom and if either: (i) the commodities or services are the subject of a price schedule negotiated by the state or federal government or by competitive bid by another governmental agency and not on any preference; (ii) or the price offered for the commodity or service exactly equals or is lower than the governmental contract from vendors awarded the governmental contract. Where an award is made pursuant to this paragraph, the terms and conditions agreeable to the city may be used in lieu of those terms and conditions of the contract with the other governmental agency.
      (6)   Cooperative purchasing. Cooperative purchasing plans are exempt from this section.
      (7)   The following contractual services are not subject to the competitive procurement requirement:
         (a)   Academic program reviews, lectures or seminars by individuals, professional development programs, training, and continuing education seminars;
         (b)   Health services involving examination,   diagnosis, treatment, prevention, medical consultation or administration;
         (c)   Artistic services which are original and creative in character and skill in a recognized field of artistic endeavor such as music, dance, drama, painting and sculpture, photography, culinary arts, fashion design and the like;
         (d)   Maintenance service and repair of equipment. When considered to be in the best interest of the city and recommended by the using department and the services to be performed are by the equipment manufacturer, manufacturer’s service representative or a distributor of the manufacturer’s equipment, the services may be procured without following the competitive sealed bid process;
         (e)   Advertising in newspapers, periodicals, television, radio, billboards or other formal advertising media;
         (f)   Utilities including but not limited to electric, water and communications;
         (g)   The foregoing enumeration of services deemed to be exempt from the competitive procurement requirements is not intended to be an exhaustive or exclusive list. The City Manager or his or her designee may determine if a contractual service must be procured through the competitive procurement process if not expressly indicated herein;
         (h) Copyrighted materials, including computer software;
         (i)   Software licensing and maintenance with the company from which the software was purchased, or its authorized representative;
         (j)   Educational books, technical publications or other type trade journals;
         (k)   Governmental, professional or organizational membership dues or fees;
         (l)   Shipping, freight and postage charges;
         (m)   Entertainment services (performing artists, entertainment and amusements at festivals or special events);
         (n)   Field trip expenditures, including but not limited to tickets to events such as museums;
         (o)   Donated funds, pass through funds and deposit accounts, including but not limited to funds collected from students to pay for prom, class rings, etc., funds raised by the parent teacher associations for a specific purpose and sanitation funds collected from Home Owner Associations; and/or
         (p)   Food, clothing and other promotional items purchased for resale or distribution to the public.
      (8)   Best interest of the city. Purchases of and contracts for commodities or services are exempt from this section when the City Commission declares by a simple majority affirmative vote that the process of competitive bidding and competitive proposals is not in the best interest of the city. The City Commission shall make specific factual findings that support its determination, and such contracts may be placed on the City Commission consent agenda.
      (9)   Insurance. Purchases of insurance through the city’s agent of record are exempt from the sealed competitive solicitation requirements of this chapter. For purposes of this division, “insurance” shall include third party administrative services in situations in which the city is self-insured. In addition, any liability claims up to $50,000 can be approved with the combined approval of the city’s Risk Manager, City Attorney and the City Manager without the City Commission’s approval. All liability claims in excess of $50,000 shall require the City Commission’s approval.
   (D)   Any other provision of this section to the contrary notwithstanding, city purchasing shall be conducted in accordance with applicable state law, including F.S. §§ 180.24 and 255.20, as may be amended from time to time.
(Ord. 1409, passed 6-19-02; Am. Ord. 1684, passed 3-16-11; Am. Ord. 1924, passed 5-15-19)