§ 2-267. Bidding requirements.

(a)

[ Procurement of goods and services. ] The city manager shall be responsible for the procurement of supplies, materials, equipment and services paid for from city funds. The departments and/or offices shall purchase their goods and services through the division of purchasing, which is the city's official purchasing agency. All purchases shall comply with local, state and federal laws, rules regulations and policies, as applicable. No contract or purchase shall be subdivided to avoid the requirements of this article.

(b)

[Exempt purchases. ] Purchases exceeding $25,000.00 require approval by city council except for goods and/or services that do not lend themselves to the normal competitive bidding process and the city manager has approved waiving the formal bidding requirements, as follows:

(1)

Maintenance and/or service contracts, on various types of technical equipment that are offered and/or supplied only by the original manufacturer or its representative, or that are required to maintain the integrity of the manufacturer's warranty, or that are part of the manufacturer's rental, lease or lease purchase agreement's terms and conditions.

(2)

Materials purchased directly from a producer or publisher, an owner of a copyright, an exclusive agent with the state, a governmental agency or a recognized educational institution.

(3)

Public or regulated utility services or government franchised services.

(4)

Commodities or contractual services determined to only be available from a single source. The city shall electronically or otherwise publicly post a description of the commodities or contractual services for a period of a least seven business days. The posted description must include a request that prospective vendors provide information regarding their ability to supply the commodities or contractual services described.

(5)

Professional services (except as otherwise provided for in Florida law) and contracts for professional services (which include, but are not limited to, services provided by attorneys, accountants, actuaries, lobbyists and financial advisors) may be made or entered into by the city manager without utilizing a sealed competitive method or the written quotations method.

(6)

Admission fees.

(7)

Association fees and professional association dues.

(8)

License fees and agreements.

(9)

Media advertising (i.e., newspaper, radio, television, etc.).

(10)

Permit fees.

(11)

Petty cash replenishment.

(12)

Postage.

(13)

Registration fees.

(14)

State fees (unemployment compensation).

(15)

Travel reimbursement.

(16)

Insurance coverage or claims expenditures as provided in the insurance fund, excepting, however, damage to city-owned property.

(17)

Supplies, equipment and vehicles purchased at a public auction.

(18)

Purchases from other governmental agencies, including school boards, community colleges, federal agencies, and agencies from other states, when the awarded contract by the other entity permits purchases by the city on the same terms, conditions, and prices (or below such prices) and the purchase is considered economically advantageous to the city.

(19)

Purchase, sale, lease or rental of real property.

(20)

Items for resale when purchased in compliance with the restrictions listed below:

a.

Items purchased shall be exclusively for resale;

b.

Items shall include brand name specifications significant to their retail sales appeal; and

c.

Items, after reasonable expected resale, shall result in no cost to the city.

(c)

Single response to solicitation. If only one response is received for a solicitation, then an award may be made to such respondent pursuant to the following requirements. The purchasing manager shall determine (1) that the price and other terms as submitted are fair and reasonable; (2) that other prospective respondents had a reasonable opportunity to respond; and (3) that the purchase is in the best interest of the city. In determining if the price and other terms as submitted are fair and reasonable, the purchasing manager may accept an adjustment to the terms to obtain a fair and reasonable purchase. If the purchasing manager determines that the single response complies with the above requirements, then a recommendation for award shall be provided to the city manager, or to the city council if the cost of the purchase is greater than $25,000.00. Otherwise, a single response to a solicitation may be rejected, and the purchasing manager may: (1) cancel the proposed procurement; (2) solicit new bids, proposals, or replies; and (3) proceed with procurement consistent with the Ordinances and Purchasing Manual.

(d)

Contract renewals. The city shall have the authority to award and reject any or all bids. The city manager shall have the authority to exercise, in subsequent years, any renewal options initially included in the bid solicitation, provided they are approved by council at the initial award of the contract, and the terms and conditions as well as current market conditions are favorable for the city. Such renewals are subject to the availability of funds.

(e)

Identical prices and priorities for award. When identical prices are received from two or more vendors and all other factors are equal, priority for award shall be given to vendors in the following sequence:

(1)

Drug-free workplace pursuant to F.S. § 287.087.

(2)

Certified service-disabled veteran.

(3)

Local businesses as defined in section 2-275 of the Code of Ordinances.

(4)

Firm with the lowest volume of work on city projects within the last five years. The information will be based on information provided by the proposer, subject to verification at the city's option.

(Code 1981, § 8-32; Ord. No. 1997-22, § 4, 5-6-1997; Ord. No. 2001-86, § 1, 11-13-2001; Ord. No. 2015-18 , § 1, 6-2-2015; Ord. No. 2015-47 , § 1, 1-5-2016; Ord. No. 2017-11 , § 1, 5-16-2017)

Editor's note

Ord. No. 2015-18 , § 1, adopted June 2, 2015, amended § 2-267 in its entirety to read as herein set out, including retitling the catchline from "Waiver of bidding requirements" to "Bidding requirements." Unnumbered paragraphs have been lettered and numbered, at the editor's discretion, according to the Code's style, for the purpose of clarity.