Sec. 126.105. - Definitions.

The following terms or phrases, wherever used or referred to in this Chapter, shall have the following respective meanings for the purposes of this Chapter, unless different meanings are clearly indicated by the context. Capitalized terms used in this Chapter, but not defined herein, shall have the meanings ascribed to them in the Procurement Operating Manual. When not inconsistent with the context, words used in the present tense shall include the future, and words in the plural shall include the singular and words in the singular shall include the plural. Bid means the document(s) received by the City pursuant to a competitive solicitation issued under this Chapter. The term includes (i) price quotes received pursuant to an invitation to bid, (ii) proposals received pursuant to a request for proposals, (iii) statements of qualifications received pursuant to a request for qualifications, (iv) replies received pursuant to an invitation to negotiate. Bidder means those persons who submit a bid, proposal, response, or reply to a competitive solicitation issued under this Chapter. Capital improvement means (i) any permanent addition, construction, or fixture to publicly owned real property or structures or (ii) a "capital improvement project" as defined in Chapter 122 , Part 6 of the Code, as amended. Chief means the Chief of Procurement as established in Chapter 24 of the Code or any successor chief position. Competitive solicitation means the process of requesting and receiving sealed bids for formal purchases in accordance with the terms of an invitation to bid, a request for proposals, a request for qualifications, invitation to negotiate or other competitive procurement process hereunder. Contractual services mean the rental, repair and maintenance of equipment and personal property required by using agencies but not furnished by their own employees, and utilities and other services of all types, including types not enumerated herein. This term shall not include professional services, professional design services, or capital improvements as defined herein. City Ethics Office means the Office of Ethics, Compliance and Oversight established in Chapter 602 of the Code. Department means the Finance Department, or any successor department or City unit. Director means the Director of the Finance Department or any successor director position. Division means the Division of Procurement, or any successor division or City unit. Emergency means an immediate danger to the public health, safety, or welfare, an immediate danger of loss of public or private property, a reasonably unforeseen breakdown in machinery, a reasonably unforeseen threatened curtailment, diminution, or termination of an essential governmental service, the reasonably unforeseen development of a dangerous condition or the development of a reasonably unforeseen circumstance that threatens the curtailment or diminution of an essential governmental service or of deposits and investments of City capital or other threatened losses to the City that, in the opinion of the Chief, require emergency action. Formal purchase means the definition ascribed to this term in this Chapter. Local bidder means a bidder who maintains a permanent place of business in the City and is a separate and distinct term from that used in Part 6 herein, which contains differing requirements. If, with respect to a purchase or contract, there shall be no local bidder within the City, the term local bidder shall include a bidder whose principal office is in and whose principal business is conducted in the State of Florida. Procurement means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including the description of requirements, selection and solicitation of sources, preparation and award of contract and contract administration. Procurement Operating Manual means the manual containing the rules, regulations, and procedures promulgated in accordance with this Chapter. Professional design services mean those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice. Professional services mean services other than those defined herein as "professional design services," the value of which is substantially measured by the professional competence of the person or entity performing them and which are not susceptible to realistic competition by cost of services alone. Professional services will generally include, without limitation, services customarily rendered by medical practitioners or professionals, certified public accountants, audit services, attorneys, financial, political, personnel, technological, systems, planning and management consultants, and insurance brokers for purposes of consulting, structuring coverage and procuring insurance. Responsive bidder or proposer or respondent means a bidder or proposer or respondent who has submitted a bid or proposal or reply that conforms, in all material respects, to an invitation for bids, request for proposals, an invitation to negotiate or any other procurement method authorized pursuant to this Chapter. Supplies means commodities, goods, materials, equipment and other tangible articles or things which shall be furnished to or used by a using agency, including commercial printing, binding or publication of stationery, forms, journals, and reports. Supplier or Contractor means a person or entity contracting with the City or a using agency to provide services pursuant to this Chapter. Using agency means a (i) City department, division, office, board, agency, commission, or other governmental unit of the City; or (ii) an independent agency required or voluntarily requesting to use the services of the Division. (Ord. 2023-20-E , § 3) Editor's note— Ordinance 2024-175-E , § 25, authorized updated department/division names pursuant to the reorganization.