Sec. 126.306. - Procurement methods and selection.

(a) Procurement methods. The following procurement methods are authorized under this Chapter and governed by applicable procurement laws, including, but not limited to, the state procurement laws referenced: (1) Invitation to Bid (ITB) (F.S. Ch. 255); (2) Request for Proposals (RFP) (F.S. Ch. 255); (3) Competitive Multi-step Bidding (F.S. Ch. 255); (4) Consultants' Competitive Negotiation Act (CCNA) (Architectural, Engineering, Landscape Architectural, or Surveying & Mapping Services) (F.S. § 287.055); (5) Design-Build Contracts (F.S. § 287.055); (6) Construction Management and Program Management (F.S. § 255.103); (7) Invitation to Negotiate (ITN); (8) Single-Source Procurements; (9) Emergency Procurements; (10) Guaranteed Energy, Water, and Wastewater Performance Savings Contracting (F.S. § 489.145); (11) Public Private Partnerships (F.S. § 255.065); (12) Unsolicited Proposals; (13) Government Collaborative Agreements; (14) Government Joint Projects; (15) Government Auction Purchases; (16) Government Procured Contracts (Piggyback); (17) Short-Term No Costs Pilot Projects; (18) Direct Negotiations; and (19) Any other procurement method permitted by state law and/or used by state agencies. (b) Choice of procurement method. The Chief, after consulting with the using agency shall have the discretion and authority to select the source selection method that is deemed to be in the City's interest and consistent with the purposes and guiding principles set forth in this Code. (c) Procedures regarding pre-selection and procurement methods. The Chief shall promulgate definitions and procedures that are customary, standard, and to the extent feasible, commonly considered a best practice in public procurement regarding the listed Pre-Selection and Procurement Methods authorized in this Section. Such procedures shall not be inconsistent with any applicable governing law, including the requirements of this Code. Such procedures may include without limitation, conditions for use of such method, public notice requirements, solicitation opening, acceptance, evaluation, corrections, withdrawal, and award. (d) Procurement Operating Manual. The Chief shall develop, prepare, and maintain the Procurement Operating Manual, which shall include rules, regulations, and procedures relative to the implementation of this Chapter. Such rules, regulations and procedures shall not be inconsistent with this Code or any applicable governing state or federal law. Based on the Chief's recommendations, JPAC shall recommend to the Mayor for approval amendments to the Procurement Operating Manual. Any such amendment to the Procurement Operating Manual shall not become effective until 30 days after the Mayor's approval of the amendment. The manual shall at a minimum prescribe rules and regulations regarding: (i) Procurement operations to be followed by using agencies, the Division, and the business community; (ii) Specifications for standardized items purchased by the City and using agencies; (iii) Procedures for the pre-selection and procurement methods in accordance with this Part, subject to applicable federal, state, and local laws; (iv) Procedures as needed for the purchases, supplies, services, and agreements that are exempt from competitive solicitation under this Chapter; (v) Types of services and any matters related thereto (e.g., capital improvements, professional services, including design services, contractual services, and supplies); (vi) Any electronic procurement system used and implemented by the City in accordance with this Chapter; (vii) Bid protest procedures not inconsistent with Part 9 of this Chapter; (viii) Performance and payment bonds, bid bonds and other security; (ix) Contracts, including purchase orders, executed pursuant to this Chapter; (x) Required solicitation, contract, and bond forms, subject to review by the Office of General Counsel; (xi) Pre-qualifications for bidders not otherwise prohibited by law; (xii) Value engineering not otherwise prohibited by law; (xiii) Novation, change of name, change of business status or assignment; (xiv) A system of contractor performance ratings regarding the Contractor's performance in City contracts; (xv) Ethics in public contracting; (xvi) Procedures regarding the owner direct purchase of supplies in accordance with Section 126.306 (h); (xvii) Procedures regarding the Buy American Program and Local Business Participation Policy in Part 7 of this Chapter; and (xviii) A listing of contract provisions required by law to be included in contracts executed pursuant to this Chapter. Nothing in this Section shall be construed as limiting or superseding the provisions of this Chapter. The Chief shall issue the Procurement Operating Manual and shall ensure compliance therewith by the using agencies. The regulations and procedures contained in the Procurement Operating Manual shall represent a complete plan of operation for the City's procurement system. Upon the Mayor's approval of amendments to the Procurement Operating Manual, the Chief shall promptly file copies of the amendments with the Council Secretary, Inspector General, and Council Auditor. The Inspector General, and Council Auditor may provide the Chief with comments regarding the amendments prior to the amendments becoming effective. (e) Emergency procurements; procedures. The Chief shall promulgate emergency purchasing procedures in the Procurement Operating Manual for all types of procurements, including supplies, contractual services, capital improvements, professional services, and professional design services. The emergency procurement procedures shall be consistent with this Code and applicable state law. Procurements subject to F.S. § 255.20, shall meet the emergency requirements provided in F.S. § 255.20. (f) Required notice regarding certain procurement methods. The Chief shall provide a quarterly report to the Mayor, City Council, Council Auditor, and Office of Inspector General of all formal awards identified as single-source or emergency purchases made each quarter pursuant to this Chapter. Additionally, the Chief Administrative Officer or Chief shall present a quarterly in-person report to the City Council Finance Committee regarding all single-source purchases made each quarter pursuant to this Chapter in excess of $50,000. Such in-person report shall be presented to the City Council Finance Committee on a day and time as determined by the Finance Committee Chair. (g) Minimum responses for professional services; resolicitation required. Solicitations for professional services shall require no less than three supplier responses. If solicitations for professional services receive responses from less than three suppliers, the Chief shall resolicit proposals from suppliers, unless the Chief determines in writing, in consultation with the using agency, that no advantage would be obtained by resoliciting. (h) Owner Direct Purchases of Supplies. The City shall use applicable state sales tax exemptions in accordance with F.S. Ch. 212, and any applicable state administrative rules and regulations, by directly purchasing, in lieu of the contractor, the supplies necessary for a capital improvement procurement made pursuant to this Chapter, subject to this subsection. The Chief shall require in every capital improvement solicitation that the contractor include on the schedule of values the total line-item costs by type for each supply purchase necessary for the project. The City shall purchase by type each supply identified on the schedule of values having a cost of $100,000 or more for non-JSEB contracts and $10,000 or more for JSEB set aside contracts. The Chief shall ensure that using agencies adhere to the requirements of this subsection, unless the Chief determines, based on satisfactory written justification provided by the using agency, that the City's purchase of supplies for a capital improvement procurement is not feasible, economical, or beneficial to the City's interests. (Ord. 2023-20-E , § 3)