§ 2-112. Procurement process.

(a)

[Procurement processes.] The following procurement processes shall govern all city procurements.

(b)

Exempt procurements. The following goods and/or services are approved as exempt procurements when they are included in the adopted annual budget. Said exempt procurements are exempt from the competitive selection process provided for herein and may be procured by the city manager who is authorized to select vendors and/or execute contracts (as applicable) for said approved procurements. Except for the exempt procurement of advertisements and utility services provided below, if the total value of an exempt procurement is anticipated to exceed twenty-five thousand dollars ($25,000.00), the city commission must approve said exempt procurement.

(1)

Dues and memberships in trade or professional organization;

(2)

Subscription for periodicals;

(3)

Advertisements for legal, promotional or informative matters;

(4)

Museum/historic exhibits;

(5)

Items purchased for resale to the public;

(6)

Postage;

(7)

Expert witnesses;

(8)

Abstracts of titles or appraisals for real property;

(9)

Court reporting services;

(10)

Water, sewer, electrical, telephone, and other utility services where competition is not available;

(11)

Copyrighted materials (books) not available from multiple sources;

(12)

Seasonal and recreational services;

(13)

Hospitality services and expenses;

(14)

Job-related seminars and training, whether provided through an outside organization or by the city for training in house, including facilities and amenities needed for such training;

(15)

Travel;

(16)

Artists, artistic services, music ensembles and related services for entertainment;

(17)

Animals;

(18)

Licensed computer software where competition is not reasonably available;

(19)

Licensed computer software maintenance renewals;

(20)

Services or commodities provided by governmental agencies;

(21)

Services required by proprietary ownership such as FPL, FEC and CSX and original equipment manufacturers (OEMs); and

(22)

Professional services as provided for in this procurement code.

(c)

Professional services. The following professional services shall be procured as stated in this subsection; provided that, if the total value of the professional services is anticipated to exceed twenty-five thousand dollars ($25,000.00), the city commission must approve said professional services.

(1)

Architectural, engineering, landscape architectural, surveying and mapping services. The procurement of professional architectural, engineering, landscape architectural, surveying and mapping services within the scope of F.S. ch. 287, shall comply with the requirements of F.S. § 287.055, the Consultants Competitive Negotiation Act (CCNA), as amended.

(2)

Design-build projects. All design-build projects shall comply with the requirements of this procurement code and F.S. § 287.055, as amended and as applicable; however, the procurement division shall establish a policy for specific selection criteria and the award of all design-build project.

(3)

Auditor services. The procurement of a professional auditor for financial auditing services within the scope of F.S. ch. 218, shall comply with the requirements of F.S. § 218.39, (as amended).

(4)

Legal services.

a.

The city attorney may select a lawyer or lawyers on the basis of expertise and skill to provide special legal services to the city and such other legal services as paralegals, trial preparation and mediator services, without competitive selection.

b.

The city commission may select a lawyer to provide special legal services to the city commission without competitive selection provided the need for such legal services is determined at a public meeting.

(5)

Lobbying services. The city manager, the city commission or the city attorney may select a person or firm to provide lobbying services to the city without competitive selection.

(6)

Consulting services. The city manager may select a consultant with a distinctive field of expertise without competitive selection for services which do not exceed the amount of fifty thousand dollars ($50,000.00).

(d)

Procurement thresholds.

(1)

Small purchases.

a.

Definition. The term "small purchase" means any procurement with a total anticipated value not to exceed twenty-five thousand dollars ($25,000.00) for goods and/or services.

b.

Procedure. Small purchases shall be made according to the procedures established by the procurement division.

c.

Competitive selection. For small purchases with a total anticipated value of fifteen thousand dollars ($15,000.00) to twenty-five thousand dollars ($25,000.00), the procurement division shall establish a policy providing for the competitive selection of such small purchases.

(2)

Competitive selection purchases.

a.

Definition. The term "competitive selection purchase" means any procurement with a total value anticipated to exceed twenty-five thousand dollars ($25,000.00) for goods and/or services.

b.

Procedure. Competitive selection purchases shall be made according to the competitive selection procedures set forth in this procurement code.

(e)

Competitive selection procedures. The following competitive selection procedures shall be used for the procurement of competitive selection purchases:

(1)

Invitation for bid (IFB).

a.

Conditions for use. Invitation for bid (IFB) may be used when:

1.

The proposed procurement is anticipated to exceed twenty-five thousand dollars ($25,000.00);

2.

Precise specifications of the needed good and/or service are known and can be described in an IFB;

3.

Adequate number of vendors; and

4.

The procurement division determines that an IFB is in the city's best interest.

b.

Content of IFB; selection procedure; award. The procurement division shall establish the contents of the IFB with the user department. The selection procedure for the IFB shall also be established by the procurement division. The city commission shall award the IFB consistent with the terms of the IFB.

(2)

Requests for proposals (RFP) and invitations to negotiate (ITN).

a.

Conditions for use. Requests for proposals (RFP) and invitations to negotiate (ITN) may be used when:

1.

The proposed procurement is anticipated to exceed twenty-five thousand dollars ($25,000.00);

2.

The use of an IFB is not applicable or practicable as determined by the procurement division; and

3.

Experience and knowledge are the key concerns of award.

b.

The procurement division shall establish the contents of the RFP or ITN with the user department. The procurement division shall also establish the selection procedure for the RFP or ITN. The city commission shall award the RFP or ITN consistent with the RFP or ITN (as applicable).

(3)

For procurements which are anticipated to exceed twenty-five thousand dollars ($25,000.00), the procurement division may use other competitive selection procedures determined to be in the city's best interest. Such methods may include, but are not limited to, request for qualifications; request for quotes; request for information; invitation to participate; and, request for letter of interest.

(4)

In all competitive selection purchases, the city reserves the following rights:

a.

Rejection of bids, proposals or other responses. If the procurement division determines that it is in the best interests of the city to do so, the city may reject any or all bids, proposals or other responses requested in whole or in part. Bids, proposals or other responses requested that are submitted after the due date and time will be disqualified from further consideration.

b.

Waiver of irregularities. The procurement division shall have the authority to waive all nonmaterial irregularities on any and all bids, proposals or other responses requested. Nonmaterial irregularities are those irregularities which do not affect price and/or competition.

c.

An IFB, RFP, ITN or other competitive selection procedure utilized may be canceled, in whole or in part, when it is in the best interests of the city.

d.

All costs and fees, including reasonable attorney's fees, incurred by any party in preparing and responding to an IFB, RFP, ITN or other competitive selection procedure used by the city are the sole responsibility of the responding party including any and all costs and fees, including reasonable attorney's fees, related to a protest.

(f)

Single source procurement. Upon receipt of justification from the user department and/or the proposed single source, the procurement division may select a single source without competition if, after conducting a search for available sources, the procurement division determines that only a single source is practicable or for other reasons single source is in the best interest of the city. Upon determination of single source, contract negotiations shall commence with the single source. If contract terms are agreed upon and the single source procurement is anticipated to have a total value of twenty-five thousand dollars ($25,000.00) or less, a contract between the city and the single source may be approved and executed by the city manager. If contract terms are agreed upon and the single source procurement is anticipated to have a total value of more than twenty-five thousand dollars ($25,000.00), the city commission must approve the contract between the city and the single source.

(g)

Cooperative purchasing. The procurement division may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for procurement. Such cooperative purchasing may include, but is not limited to, joint or multi-party contracts between government entities. The city commission must approve all city purchases from a cooperative purchasing contract which are anticipated to have a total value of more than twenty-five thousand dollars ($25,000.00).

(h)

Other governmental contracts. The procurement division may select a provider of goods and/or services by utilizing another government's contract which is made available to the city and which is based on selection methods authorized by this procurement code. Other government contracts include contracts of the general services administration (federal) and other state and local governmental agencies within the state. If such other government contract selection is utilized, such procurement shall be made utilizing the unit or hourly costs or fees established in the other government contract. A separate contract shall be executed between the city and the particular vendor for goods and/or services and a purchase order may be issued for goods. The city commission must approve all city purchases from a government contract which are anticipated to have a total value of more than twenty-five thousand dollars ($25,000.00).

(i)

Emergency procurement. Notwithstanding any other provisions of this procurement code, the city manager may procure or authorize others to procure goods and/or services without competitive selection for emergencies, declared by the city manager, when the delay incident to competitive selection would cause an immediate threat or danger to public health, safety, or welfare, or to a loss of public or private property, or interruption in the delivery of an essential government service. A written determination of the basis for the emergency and for the selection of the particular vendor shall be maintained by the procurement division. The city commission must approve all emergency purchases if the emergency purchase is anticipated to have a total value of more than twenty-five thousand dollars ($25,000.00); however, if due to insufficient time, the city commission shall approve by ratification the emergency purchase after it is made if the emergency purchase has a total value of more than twenty-five thousand dollars ($25,000.00) and the emergency purchase otherwise conforms with this emergency purchase provision.

(j)

Waiver of procurement procedures. The city commission may authorize the waiver of the competitive selection procedures upon the recommendation of the city manager that it is not practicable or advantageous for the city to do so because goods and/or services cannot reasonably be acquired through the normal competitive selection process due to insufficient time, the nature of the goods or services, or other factors. The city commission may also authorize the waiver of competitive selection if the city utilizes a competitive selection procedure and no responsive bids, proposals or other requested response is received. Purchases authorized by waiver process shall be acquired after conducting a good faith review of available sources and negotiation as to price, delivery and terms.

(k)

Cone of silence.

(1)

"Cone of silence" means a prohibition on any communication, except for written correspondence, regarding a particular IFB, RFP, ITN or any other competitive selection procedure utilized by the city between:

a.

Any entity or person or entity's or person's representative seeking an award from any competitive selection procedure, and

b.

Any city commissioner or commissioner's staff; any member of the applicable selection committee; the city manager; or, any city employee authorized to act on behalf of the city to award or recommend award of a particular procurement.

(2)

For the purposes of this section, an entity's or person's representative shall include but not be limited to the entity's or person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the entity or person.

(3)

The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other requested response to a competitive selection procedure. The cone of silence applies to any entity or person or any entity's or person's representative who responds to a particular IFB, RFP, ITN or any other competitive selection procedure utilized by the city, and shall remain in effect until such response is either rejected by the city as applicable or withdrawn by the entity or person or entity's or person's representative. The procurement division shall include in all IFBs, RFPs, ITNs or any other competitive selection procedure notice of the cone of silence and refer to this subsection.

(4)

The provisions of this subsection shall not apply to oral communications at any public proceeding, including pre-bid conferences, presentations before selection committees, authorized contract negotiations, presentations made to the city commission, and procurement protests. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee; any dispute resolution process following the filing of a protest between the entity or person filing the protest and any employee; or, any written correspondence at any time with any employee, city commissioner, the city manager or selection committee member unless specifically prohibited by the applicable competitive selection procedure.

(5)

The cone of silence shall not apply to any procurement anticipated to have a total value of twenty-five thousand dollars ($25,000.00) or less.

(6)

The cone of silence shall terminate at the time the city commission, procurement division or city manager as applicable, awards or approves a contract, rejects all bids, proposals or other requested responses, or otherwise takes action which ends the procurement procedure.

(7)

Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable.

(Ord. No. 2013-13, § 2, 1-15-13)