§ 32.02 METHODS OF ACQUISITION.
   The shall determine, in its sole discretion, which of the following methods of acquisition to utilize for the acquisition of non-real property, goods and services.
   32.02(A)   Sealed competitive method. Acquisitions of or contracts for non-real property, goods or services where the expenditure by the   (including expenditures during renewal periods, but not expenditures relating to ) is estimated to be $150,000 or greater shall be subject to a sealed competitive method, unless the utilizes one of the direct acquisition methods, as provided in § 32.02(C).
    32.02(A)(1)   Competitive bids. Sealed competitive bids are utilized where price, responsiveness and responsibility are the sole determining factors. Except as otherwise provided in an invitation to bid, a selection committee, appointed by the , shall review the sealed competitive bids received by the in response to an invitation to bid and shall determine whether each bidder is responsive and responsible, shall review for mathematical accuracy and shall make a recommendation to the . The Director of Procurement shall serve as the non-voting chair of the selection committee. Each selection committee member, non-voting selection committee chair, technical advisor, and financial reviewer shall complete and execute an independence affidavit. The   shall not serve on the selection committee. The or designee shall serve as counsel to the selection committee. Selection committee meetings shall be open to the public. The selection committee shall terminate upon the full execution of the contract, or such other time as determined by the .
   32.02(A)(2)   Requests for proposals, Requests for qualifications, Requests for letters of interest. Requests for proposals, requests for qualifications and requests for letters of interest are utilized where price, responsiveness and responsibility are not the sole determining factors. Except as otherwise provided in requests for proposals, requests for qualifications and requests for letters of interest, a selection committee, appointed by the , shall review the submissions received by the in response to requests for proposals, requests for qualifications and requests for letters of interest and shall determine whether each proposer is responsive and responsible, shall review for mathematical accuracy, shall rank the proposals and shall make a recommendation to the . Each selection committee member, non- voting selection committee chair, technical advisor, and financial reviewer shall complete and execute an independence affidavit. The shall not serve on the selection committee. The or designee shall serve as counsel to the committee. Selection committee meetings shall be open to the public. The selection committee shall terminate upon the full execution of the contract, or such other time as determined by the .
   32.02(A)(3)   Submissions. It shall be the sole responsibility of the bidder, proposer or responder to have the bid, proposal or response delivered before the specified closing date and time. Bids, proposals or responses received after the specified closing date and time shall not be considered and shall be returned unopened. The official clock at the Hall reception desk shall govern. All bids, proposals and responses submitted pursuant to a sealed competitive method shall remain sealed until they are opened publicly on the date and time and location stated in the Notice to Bidders, Proposers or Responders, or as may be amended by addendum.
   32.02(A)(4)   City's reservation of rights. The may utilize a sealed competitive method for any acquisition that the deems appropriate regardless of the estimated cost of the acquisition. Until final award of Contract, the reserves the right to waive any informality or irregularity and to reject all bids, proposals and responses, with or without cause.
   32.02(B)   Written quotations method. Acquisitions of or contracts for non-real property, goods or services where the total expenditure by the (including expenditures during renewal periods, but not expenditures relating to ) is estimated to be greater than $25,000, but less than $150,000, may be made or entered into by the without approval and without a sealed competitive method, provided that three written quotations are obtained from individual sources, except when impracticable. The may utilize the written quotations method for any acquisition of $25,000 or less that the deems appropriate. The written quotations received by the shall be retained with a copy of the purchase order and pursuant to public records law.
   32.02(C)(1)   Acquisitions of $25,000 or less. Acquisitions of or contracts for non-real property, goods or services where the total expenditure by the (including expenditures during renewal periods, but not expenditures relating to ) is estimated to be $25,000 or less may be made or entered into by the   without utilizing a sealed competitive method or the written quotations method, and without approval.
   32.02(C)(2)   Professional Services. Except as otherwise provided for in Florida Law, contracts for professional services may be made or entered into by the without utilizing a sealed competitive method or the written quotations method. Acquisitions of professional services where the expenditure by the (including expenditures during renewal periods, but not expenditures relating to ) is estimated to be $150,000 or greater shall be subject to approval by the .
   32.02(C)(3)   Specialty Goods and Services. Acquisitions of or contracts for specialty goods and services (including but not limited to performing artists, artwork, special events, entertainment, and food and beverage) may be made or entered into by the without utilizing a sealed competitive method or the written quotations method. Acquisitions of specialty goods and services where the expenditure by the is estimated to be $150,000 or greater shall be subject to approval by the .
   32.02(C)(4)   Emergency Acquisitions. The may acquire or contract for non-real property, goods or services required in contemplation of, preparation for, or during an Emergency without utilizing a sealed competitive method or the written quotations method regardless of the amount. Emergency acquisitions of non-real property, goods or services where the expenditure by the is estimated to be $150,000 or greater shall be subject to ratification by the as soon as practicable.
   32.02(C)(5)   Sole Source and Standard.  
   32.02(C)(5)(a)   Sole Source. The may acquire or contract for non-real property, goods or services that are available to the from only one source without utilizing the sealed competitive method or written quotations method, and Sole Source acquisitions where the expenditure by the (including expenditures during renewal periods, but not expenditures relating to ) is estimated to be $150,000 or greater shall be subject to approval by the .
   32.02(C)(5)(b)    standard. Where the has determined that a particular style, brand, make, or model is the only type that meets the 's requirements for performance, consistency, compatibility or other salient characteristics, and such determination has resulted in there being only one source available to the , the may acquire or contract for such goods without utilizing a sealed competitive method or the written quotations method. standard acquisitions where the expenditure by the (including expenditures during renewal periods, but not expenditures relating to ) is estimated to be $150,000 or greater shall be subject to approval by the .
   32.02(C)(6)   Utilization of other governmental entities' contracts.  
   32.02(C)(6)(a)   The may acquire or contract for non-real property, goods or services without utilizing a sealed competitive method or the written quotations method where the desired goods or services are the subject of a contract with the , its political subdivisions or other local governmental entities in the , with associations in Florida affiliated with state and/or local governmental entities or departments (such as the Florida Sheriffs and the Florida Fire Chiefs' ) or with the United States government, provided that the contract is based strictly on competitive bidding and not on any preference, and provided that the form of the contract is acceptable to the . Acquisitions utilizing other governmental entities' contracts where the expenditure by the (including expenditures during renewal periods, but not expenditures relating to ) is estimated to be $150,000 or greater shall be subject to approval by the . .
   32.02(C)(6)(b)   Utilization of other governmental entities' contracts shall only be permitted during the term of the other governmental entity's contract or for one year from the date the other governmental entity awards the bid, whichever is longer.
   32.02(C)(6)(c)   When the utilizes another governmental entity's contract, that contract sets the maximum prices for the non-real property, goods or services, and the prices in the 's contract may be the same or lower (but not higher) than the prices set forth in the other governmental entity's contract.
   32.02(C)(6)(d)   If the desires to utilize another governmental entity's contract, the shall require the vendor to certify that the price or rate represents the lowest price or rate for the non-real property, goods or services of any contract between the vendor and any other governmental entity within the .
   32.02(C)(7)   Cooperative Acquisitions. The may acquire or contract for non-real property, goods or services without utilizing a sealed competitive method or the written quotations method where the participates in a cooperative purchasing contract with other public entities within the United States provided that the contract for non-real property, goods or services was competitively procured in a manner consistent with law, and provided that the form of the contract is acceptable to the . If the desires to participate in a cooperative purchasing contract, the shall require the vendor to certify that the price or rate represents the lowest price or rate for the non-real property, goods or services of any prior contract between the vendor and any other public entity within the . Cooperative acquisitions where the expenditure by the (including expenditures during renewal periods, but not expenditures relating to ) is estimated to be $150,000 or greater shall be subject to approval by the . When the participates in a cooperative purchasing contract, that contract sets the maximum prices for the non-real property, goods or services, and the prices in the 's contract may be the same or lower (but not higher) than the prices set forth in the cooperative purchasing contract.
   32.02(C)(8)    . Water, sewer, gas, electrical, and other utility services may be acquired without utilizing a sealed competitive method or the written quotations method and without approval.
(Ord. 2011-04, passed 5-16-2011; Am. Ord. 2014-23, passed 11-17-2014; Am. Ord. 2015-01, passed 1-20-2015; Am. Ord. 2015-20, passed 9-21-2015; Am. Ord. 2018-12, passed 8-20-2018; Am. Ord. 2023-07, passed 7-5-2023)