Title 7 · Chapter 7 - PROCUREMENT CODE

Chapter 7 - PROCUREMENT CODE

Section: 7

Sec. 6.19. - General Conditions for the Keeping of Backyard Chickens. Chapter 8 - AVIATION Chapter 7 - PROCUREMENT CODE[1]

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Editor's note— Ord. No. 2012-44, §§ 1, 2(Att. A), adopted Nov. 5, 2012, repealed the former Ch. 7, §§ 7.01—7.33, and enacted a new Ch. 7 as set out herein. The former Ch. 7 pertained to the purchasing code. See the Code Comparative Table for a complete history of former Ch. 7.

ARTICLE I. - SHORT TITLE, PURPOSES, RULES OF CONSTRUCTION AND APPLICATION

Sec. 7.100. - Short Title.

This Code shall be known and may be cited as the Procurement Code (formally known as the "Purchasing Code") of the City of Orlando.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.101. - Definitions.

Throughout this Procurement Code and otherwise throughout the City's procurement process, the words and terms defined in this section shall have the meanings set forth below unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular section or portion thereof.

Addendum/Addenda: means any written change that the Procurement and Contracts Division issues to a solicitation prior to the closing date of the solicitation.

Best Value: means the highest overall value to the City based on factors that may include, but are not limited to, price, quality, design, and workmanship.

Bidder: means a type of respondent who submits a response to a bid solicitation.

Bid Bond: means a form of bid security executed by the bidder as principal and by a surety to guarantee that the bidder will enter into the contract within a specified time and furnish any required performance bond or other security.

Bid Security: means a bid bond, a sum of money, or a certified or cashier's check deposited by a bidder to guarantee that the bidder will enter into the contract within a specified time and furnish any required performance bond or other security.

Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other legal entity through which business is conducted.

Business Day: means a day, Monday through Friday, excluding any day that is a City observed holiday.

Calendar Day or day: means a consecutive twenty-four-hour period running 12:01 a.m. to midnight.

Chief Procurement Officer: means the person appointed as the chief contracting authority for the City responsible for the management, administration and supervision of the Procurement and Contracts Division.

10.

City: means the City of Orlando and shall include the City Council, any department, commission, board, division, committee, institution, authority, agency or other establishment or official of the government of this City.

11.

Construction: means the process of building any structure, building, roadway, or other improvements of any kind to any real property. It does not include the routine operation, routine repair or routine maintenance of existing structures, buildings or real property.

12.

Construction Manager-at-Risk: means a construction delivery process allowing the project owner to choose a construction manager who assumes the risk for the project.

13.

Consultants' Competitive Negotiations Act (CCNA): means Section 287.055 of the Florida Statutes, as may be amended from time to time, governing the procurement of architectural, engineering, landscape architecture, and registered surveying and mapping services.

14.

Contract: means a legally binding City agreement for the procurement or disposal of equipment, supplies, services, professional services, or construction. It includes contracts for a fixed price, cost, cost plus a fixed fee, incentive contracts, contracts providing for the issuance of job or task orders, leases, letter contracts, revenue generating contracts, and purchase orders. It also includes supplemental agreements with respect to any of the foregoing.

15.

Contract Modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provision of a contract; may also be referred to as a change order, service authorization or amendment.

16.

Contractor: means any person having a contract with the City.

17.

Cooperative Purchasing: means procurement conducted on behalf of one or more public entities or external procurement units.

18.

Data: means recorded information regardless of form or characteristic.

19.

Debarment: means a disqualification of a person to receive solicitations or the award of contracts by the City for a specified period of time commensurate with the gravity of the offense or the failure or the inadequacy of performance.

20.

Design-Build: means a construction project delivery method as defined in Chapter 287.055, Florida Statutes, as may be amended from time to time.

21.

Designee: means a person who is chosen to represent or given the authority to act on behalf of another person of authority.

22.

Direct Pay: is a method of payment of an invoice for purchases made when a Purchase Order, Standing Purchasing Order, or Release Order is not used.

23.

Director of Purchasing and Materials Management: means the Chief Procurement Officer ("CPO") of the City.

24.

External Procurement Unit: means any not-for-profit entity comprised of one or more public entities or having one or more public entities as members.

25.

Financial Interest: means

Ownership of any interest or involvement in any relationship from which, or as a result of which, a person within the last year has received, or is presently or in the future may receive, any financial benefit.

Ownership of any interest in any business except publicly held stock.

Holding a position in a business, such as an officer, director, trustee, partner, employee or similar position or holding any position of management.

26.

Fixed Asset(s): means any item with an original value exceeding a minimum value established by City Council which has a life expectancy of one year or more. The term shall not include real estate, intangibles, or any consumable that loses its original identity when used.

27.

Invitation for Bids (IFB): means a solicitation for competitive sealed bids. The Invitation for Bids is typically used when the City is capable of specifically defining the scope of work for which a contractual service is required or when the City is capable of establishing precise specifications defining the actual commodity or group of commodities required. The term Invitation for Bids means all documents written or electronic, including those attached or incorporated by reference, utilized for soliciting bids.

28.

Invitation to Negotiate (ITN): means a solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or contractual services.

29.

Metropolitan Statistical Area (MSA): means the area comprised of Orange County, Seminole County, Osceola County, and Lake County, Florida.

30.

Notice of Intended Action: means a written notice or announcement by the City posted on the City's internet site, or as otherwise set forth in a solicitation, as notice to all respondents of the City's intent to take an action with respect to the solicitation, including but not limited to, a decision to award a contract, cancel a solicitation, short list or prequalify respondents, or notify respondents of the final recommended rank order of respondents with respect to the solicitation.

31.

Operating Directive: means a document which details rules and related activities of the procurement process to be followed by the City, as established by the CPO and approved by the Chief Financial Officer, consistent with City Code and policies and procedures, as they may be amended from time to time.

32.

Performance Bond or Performance Security: means a bond of a contractor or vendor in which a surety guarantees to the City that the work or services will be performed in accordance with the contract documents and may, in the discretion of the City, include a letter of credit issued by a financial institution or other instrument of equivalent protection to the City.

33.

Person: means any corporation, partnership, business, individual, union, committee, club or other organization or group of individuals.

34.

Policies and Procedures: means rules and regulations that supplement the City Code and are approved by City Council.

35.

Principal Place of Business: means the location identified by a respondent as its principal place of business with respect to a solicitation, which location may be either (i) the main business office of the respondent where the chief executive officer, or equivalent person, maintains his or her primary office, or (ii) the office where the majority of the work related to the City solicitation will be performed.

36.

Procurement: means the buying, purchasing, renting, leasing or otherwise obtaining any supplies, services, professional services, construction or any other item(s). It also includes all functions that pertain to the acquisition, including description of requirements, selection and solicitation of sources, preparation and award of contracts and all phases of contract administration. Procurement includes inventory control, receiving, inspection, storekeeping, salvage and disposal operations.

37.

Procurement Card: is a method of payment for goods and services which is limited to the authority delegated in policies and procedures and operating directives.

38.

Procurement and Contracts Division: the City division responsible for the procurement of supplies, services, professional services, and construction required by the City (formally known as the Purchasing and Materials Management Division).

39.

Professional Services: means 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.

40.

Public Entity: means any unit or association of units of federal, state, or local government; any public college or university; any public authority which has the power to tax; or any entity created by statute or law.

41.

Request for Information (RFI): is a method of soliciting comments and feedback from potential suppliers, manufacturers, and other sources.

42.

Request for Proposals (RFP): means a solicitation for competitive sealed proposals. A request for proposals may be a single or multi-step process.

43.

Request for Quotation (RFQ): means an informal solicitation where oral or written quotes are obtained from vendors, without formal advertising or receipt of sealed responses.

44.

Request for Qualifications (RFQu): means a written solicitation method utilized for obtaining qualification and performance data, which may include, but is not limited to, financial capabilities, reputation, experience and competency of a respondent. Also known as Request for Qualification Statements (RQS) and Statement of Qualifications (SOQ).

45.

Respondent: means any person who responds to a City issued solicitation or Request for Information.

46.

Responsible Bidder, Proposer, or other Respondent: means a person who has the required qualifications and the capability in all respects to perform fully the solicitation and contract requirements and the integrity and reliability which will assure good faith performance.

47.

Responsive Bidder, Proposer, or other Respondent: means a person who has submitted a response to a solicitation which fully conforms in all material respects to the solicitation.

48.

Reverse Auction: means a procurement method wherein respondents, anonymous to each other, electronically submit real-time bids or responses on designated supplies or services in which award is made to the lowest responsive and responsible bidder. Also referred to as e-auction.

49.

Sequential Negotiations: means a process of negotiations made with a select group of respondents deemed to be the most qualified in successive order.

50.

Services: means the furnishing of labor, time, or effort by a contractor. This term includes services from licensed professionals except professional architectural, engineering, landscape architectural and surveying and mapping services, but does not include employment agreements or collective bargaining agreements.

51.

Solicitation: shall mean an Invitation for Bids, a Request for Proposals, an Invitation to Negotiate, a Request for Qualifications, a Request for Quotation, an invitation to participate in a Reverse Auction or any other invitation or request by which the City invites a person to participate in a procurement.

52.

Specification: means any description of the physical or functional characteristics, or of the nature of a material, service or construction item. Specification may include a description of any requirement for inspecting, testing, or preparing a material, service, professional service, or construction item for delivery.

53.

Supplies: means all personal property including, but not limited to, equipment and materials; excludes services and real property.

54.

Surety: means an organization which, for consideration, promises in writing to make good the debt or default of another. The surety must hold a certificate of authority as an acceptable surety on federal bonds as published in the current Circular 570, U.S. Department of the Treasury, and the Federal Register effective July 1 annually, as may be amended from time to time.

55.

Surplus Property: means any supplies, vehicles, equipment, or other personal property no longer having any useful function to the City. This includes obsolete supplies or equipment, scrap materials, and non-expendable supplies that have completed their useful life cycle and those items turned over to the Procurement and Contracts Division by the Orlando Police Department for disposition.

56.

Suspension: means the disqualification of a person to receive solicitations, to respond to solicitations, or to receive the award of a contract by the City for a given period.

57.

Using Agency: means any department, division, commission, board, bureau, committee, institution, authority or other establishment or official of this City which utilizes any supplies, services, professional services, or any other item procured under this Code.

58.

Vendor: means one who sells supplies, services, professional services, or construction; may be used interchangeably with a supplier or contractor.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201; Ord. No. 2016-47, § 1, 5-23-2016, Doc. #1605231202)

Sec. 7.102. - Purposes; Rules of Construction; Interpretation.

This Code shall be liberally construed and applied to promote its underlying purposes and policies and:

To simplify, clarify, and modernize the law governing procurement by the City.

To promote the core values of public procurement: accountability, ethics, impartiality, professionalism, service, and transparency.

To permit the continued development of procurement policies and practices.

To provide for increased public confidence in the procedures used in public procurement.

To secure the advantages of a centralized procurement and materials management process.

To insure fair and equitable treatment to all who deal with the procurement system of this City.

To provide increased economy and to maximize to the fullest extent practicable, the purchasing value of public funds of this City.

To promote effective broad based competition within the free enterprise system.

To provide adequate internal safeguards for the maintenance of a procurement system of quality and integrity.

To obtain in a cost-effective and timely manner the materials, services, and construction required by the City to better serve its citizens.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.103. - Supplementary General Principles of Laws Applicable.

Unless specifically displaced by particular provisions of this Code, the principles of law and equity, the Uniform Commercial Code, the law merchant, the law relative to capacity to contract, principal and agent, fraud, misrepresentation, duress, coercion, mistake or bankruptcy shall supplement the provisions of this Code.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.104. - Requirement of Good Faith; Background Investigation.

This Code requires all parties involved in the bidding, proposing, responding, negotiation, performance, or administration of City contracts to act in good faith. As part of the evaluation process, the City may conduct a background investigation, including a record check by the Orlando Police Department of respondents. Submission of a response to a solicitation constitutes acknowledgment of this process and consent to such investigation.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.105. - Application.

General Application. This Code applies only to procurements, contracts, and contract amendments solicited or entered into after the effective date of this Code. Procurements, contracts, and contract amendments solicited or entered into prior to the effective date of this Code, shall be governed by the terms of the City's purchasing code in effect at the time of solicitation or contract.

Application to City Procurement. This Code shall apply to all expenditures of public funds by the City unless otherwise exempted by this Code or by specific action by the City Council.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.106. - Computation of Time.

In computing any period of time prescribed or allowed by this Chapter or related to any solicitation governed hereby, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or a City observed holiday, in which event the period shall run until the end of the next business day.

For purposes of determining the timeliness of any submission to the City under this Chapter or related to any solicitation governed hereby, any notice, filing, or other submission received by the City on a Saturday, Sunday, City observed holiday, or after 5:00 p.m., Orlando local time, on a business day shall be deemed received by the City effective as of the next business day of the City.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.107. - Construction Against Implicit Repealer.

This Code is intended to provide uniform coverage of its subject matter. No part of this Code shall be deemed to be impliedly repealed by subsequent legislation, if such construction of the subsequent legislation can be reasonably avoided.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

ARTICLE II. - PROCUREMENT ORGANIZATION

Sec. 7.200. - Creation of the Procurement and Contracts Division.

There is hereby established a Procurement and Contracts Division which shall be headed by the Chief Procurement Officer of the City.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.201. - Appointment of the Chief Procurement Officer; Compensation.

The Chief Procurement Officer of the City shall be appointed by the Mayor, upon recommendation of the Chief Financial Officer, and shall receive such compensation as is duly appropriated therefor.

The Chief Procurement Officer shall be bonded by the City in the sum of one million dollars ($1,000,000).

In the event of a vacancy in the position of the Chief Procurement Officer, the Mayor, upon recommendation from the Chief Financial Officer, shall appoint another City employee or official to act in the capacity of the Chief Procurement Officer. Notice of such appointment shall be filed with the City Clerk.

In the event of the temporary absence of the Chief Procurement Officer, the Chief Financial Officer may designate another appointed City officer to act in the capacity of the Chief Procurement Officer. Such delegation shall be filed with the City Clerk and shall specifically state the period of time for which the delegation of duty is effective.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.202. - Authority of the Chief Procurement Officer.

Principal Contracting Officer of the City. The Chief Procurement Officer shall serve as the central procurement officer of the City and shall have the following authority:

To develop procurement policies and to manage the operations of City procurement including: the acquisition of supplies, services, professional services, and construction; materials management; warehousing; inventory; and asset management.

To negotiate, award, and execute contracts involving an expenditure of funds or revenue received by the City in an amount up to seventy-five thousand dollars ($75,000.00), and up to one hundred thousand dollars ($100,000.00) with the approval of the Chief Financial Officer. Approval of the award of any such contracts in excess of one hundred thousand dollars ($100,000.00) shall be obtained from City Council prior to award or execution of the contract by the Chief Procurement Officer.

To negotiate and execute contract amendments, including change orders, on behalf of the City for professional service and other non-construction contracts, in an amount up to seventy-five thousand dollars ($75,000.00) per amendment, and up to one hundred thousand dollars ($100,000.00) per amendment with the approval of the Chief Financial Officer. Approval for an amendment exceeding one hundred thousand dollars ($100,000.00) shall be obtained from City Council prior to execution by the Chief Procurement Officer.

To negotiate and execute contract amendments and change orders on behalf of the City for construction contracts; provided that approval for any individual amendment or change order exceeding ten percent (10%) of the original contract amount shall be obtained from City Council prior to execution by the Chief Procurement Officer.

To negotiate, award, and execute contracts for goods and services, including construction and professional services, which will be provided at no cost to the City as confirmed by the Chief Financial Officer, as well as contracts for free trials and demonstrations.

To define methods of procurement and solicitation thresholds.

To sell, trade, donate, destroy, transfer or otherwise dispose of surplus supplies or other property regardless of dollar amount, with records of such dispositions maintained.

To authorize emergency purchases in accordance with Section 7.309.

To approve purchases from state contracts, national, regional, local purchasing alliance agreements, federal (including GSA) contracts, and other external procurement unit or public entity contracts in an amount up to seventy-five thousand dollars ($75,000.00) per contract, and up to one hundred thousand dollars ($100,000.00) per contract with the approval of the Chief Financial Officer. Any such actions in excess of said amount shall be presented to City Council for approval.

10.

To participate in cooperative purchasing when such is deemed to be in the best interest of the City.

Internal Operating Procedures. The Chief Procurement Officer may by written operating directives promulgate procedures, consistent with the Code and with policies and procedures, governing the procurement, management, control, and disposal of any and all supplies, services, professional services, and construction procured by the City with the approval of the Chief Financial Officer. The Chief Procurement Officer may also adopt operational procedures outlining forms and procedures to be utilized by the various using agencies consistent with the Code and policies and procedures with the approval of the Chief Financial Officer.

Duties. Except as otherwise specifically provided in this Code or by specific action of City Council, the Chief Procurement Officer, as the principal contracting officer of the City, shall:

Procure, contract, and supervise the procurement of all supplies, services, professional services and construction as needed by the City.

Exercise supervision and control over supply management operations including warehousing, inventory, and asset management.

Sell, trade, donate, destroy, transfer or otherwise dispose of surplus property belonging to the City.

Negotiate all contracts for supplies, services, professional services, and construction on behalf of the City.

Establish and maintain programs for the development and usage of standard specifications for supplies, services, professional services, and construction.

Ensure compliance with this Code and implementing operating directives and policies and procedures.

Provide safeguards for the preservation of a procurement organization of quality and integrity.

Determine the lowest or highest responsive and responsible bidder, proposer, or respondent, as applicable.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.203. - Delegation of Authority.

The Chief Procurement Officer may, as needed, delegate authority to designees, divisions, agency(s) or official(s).

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.204. - Centralization of Procurement Authority.

Except as may otherwise be provided in the City Charter, the Code of Ordinances of the City of Orlando, policies and procedures approved by City Council, or as otherwise directed or approved by City Council, all rights, powers, duties and authority relating to the procurement of supplies, services, professional services, and construction and the management, control, warehousing, sale and disposal of supplies, services, professional services and construction shall be exercised by the Chief Procurement Officer.

Relationship with Using Agencies. The Chief Procurement Officer shall obtain expert advice and assistance from personnel of using agencies in the development of specifications and may, as necessary or as directed in policies and procedures, delegate to a using agency the approval and authority to prepare its own specifications.

Collection of Data Concerning Procurement. All using agencies shall furnish such reports as the Chief Procurement Officer may require concerning usage, needs and stock on hand; and the Chief Procurement Officer shall have authority to prescribe forms to be used by the using agencies in requisitioning, ordering and reporting of supplies, services, professional services, and construction.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.205. - Unauthorized Purchases.

No City officer or employee shall make any procurement in the name of the City for personal use.

Except in the case of emergency procurements and exemptions, as described in this Code, or otherwise authorized by City Council, no officer or employee shall make purchases by direct payment or procurement card in excess of the authority delegated in an operating directive or in the City's policies and procedures.

Purchases made for commodities, professional services, and other services pursuant to a City contract shall be made in accordance with the prices, terms and conditions of the contract.

Pyramiding, splitting, or otherwise fragmenting purchasing requirements into two or more small purchases to avoid a competitive process is prohibited.

Any procurement made contrary to the provisions of this Code shall not be binding on the City, unless approved or ratified by the Chief Procurement Officer or City Council, depending on the value of the procurement.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

ARTICLE III. - SOURCE SELECTION

Sec. 7.300. - Methods of Source Selection.

Exemptions from Competitive Procedures. All purchases shall be made by competitive procedures except:

Where otherwise authorized by law, ordinance, policies and procedures, or City Council action;

As specifically provided in Sections 7.308 through 7.310;

When purchasing construction services, supplies or services from public entities;

When purchasing off of or utilizing a public entity or cooperative contract, or otherwise making a purchase pursuant to Section 7.1000; or

Where, for good cause shown and in the best interests of the City, the Chief Procurement Officer, with approval from the Chief Financial Officer, authorizes the procurement of construction, supplies or services without strict compliance with the provisions of this Code in order to best serve the general public health, welfare or safety.

Preferred Method. The preferred method of procurement shall be competitive sealed bidding.

Single Response. Where only one response is received to a solicitation, an award may be made to such respondent if the Chief Procurement Officer determines: (1) that the price submitted is fair and reasonable; (2) that other prospective respondents had a reasonable opportunity to respond; and (3) that it is in the best interest of the City to proceed with award. Otherwise, a single response to a solicitation may be rejected pursuant to Section 7.312, and the Chief Procurement Officer may: (1) cancel the proposed procurement; (2) solicit new bids, proposals, or sealed replies; or (3) proceed with procurement as otherwise provided in this Code.

Reciprocal Local Preference. When the City is required to procure supplies or services through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a city, county, or state ("area") which grants a preference for the procurement of such supplies or services to a vendor whose principal place of business is in such area, then the City may award a preference to the lowest responsible and responsive vendor having a principal place of business in the Metropolitan Statistical Area (MSAs, i.e. Orange, Seminole, Lake and Osceola counties), which preference is equal to the preference granted by the area in which the lowest responsible and responsive vendor has its principal place of business.

This Reciprocal Local Preference shall not apply to the following procurements:

Professional services which are subject to the Consultants Competitive Negotiations Act, Section 287.055, Florida Statutes, as amended;

Procurements for which funding is received and local vendor preference is prohibited pursuant to any law, rule, regulation or policy;

Procurements made utilizing cooperative purchasing agreements with other governmental or public entities;

Procurements from local, State, GSA, and other federal contracts, and other public entities.

Procurements made under emergency procedures as set forth in the City's Policy and Procedures; and

Procurements made for items that have been deemed a sole source.

Procurements where the principal place of business of a proposer or vendor cannot be reasonably determined.

In determining the award of a contract, the City Council will apply this section as to best serve the interest of the City.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.301. - Competitive Sealed Bidding.

Invitation for Bids. Competitive sealed bids shall be solicited through an Invitation for Bids. The Invitation for Bids shall include specifications and all material contractual terms and conditions applicable to the procurement.

Prequalification. A prequalification process may be conducted prior to the issuance of an Invitation for Bids in order to establish a list of qualified bidders. In the event a prequalification process is used, the City may limit consideration to the bids that are submitted from prequalified bidders.

Public Notice. Public notice of the Invitation for Bids shall be given a minimum of five (5) calendar days prior to the date set forth therein for the opening of bids. Where it can be demonstrated that an urgent requirement for supplies or services exists, the requirement for public notice may be waived by the Chief Procurement Officer.

Bid Opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the Invitation for Bids. The name of each bidder, together with such other relevant information as may be specified in the Invitation for Bids, shall be documented for the record. Bids and bid files shall be made available for public inspection in compliance with Florida public records laws.

Bid Acceptance. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Code.

Correction or Withdrawal of Bids. Correction or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid opening. After bid opening, no changes in bid prices or to other provisions of the bid, shall be permitted; however, the Chief Procurement Officer shall have the authority to waive minor irregularities.

Bid Evaluation. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids, which may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs and total or life cycle costs, etc. The Invitation for Bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that is not set forth in the Invitation for Bids.

Award. The contract shall be awarded to the lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth in the Invitation for Bids.

Award to Other than Low Bidder. When award of a solicitation is not granted to the apparent low bidder, a statement of the reason for award to the next lowest responsible and responsive bidder should be prepared and made a part of the record file.

Tie Bids. If there are two or more low, responsive bids from responsible bidders that are identical in price and other evaluation criteria, the bid may be awarded to the bidder whose principal place of business is in the City. If neither tie bidder's principal place of business is in the City, but one bidder's principal place of business is located in the Metropolitan Statistical Area (MSA), award may be made to the bidder whose principal place of business is located within the MSA. In the event that the tie bid is not determined by the location of the bidder's principal place of business as set forth above, the Chief Procurement Officer shall not consider the location of respondents in making an award or award recommendation, but may solicit best and final bids from the tie bidders or award may be made in accordance with procedures set forth in the solicitation or as required by applicable law or a policy adopted by City Council. Notwithstanding the preceding provisions of this paragraph, in the event that a solicitation which results in a tie bid (i) involves work that is funded by the State or Federal government (or for which reimbursement may be sought from such entities), (ii) is a cooperative purchase with another public entity, (iii) or where application of a local preference is precluded by applicable law or a policy adopted by City Council, the Chief Procurement Officer shall not consider the location of respondents in making an award, or award recommendation, but may solicit best and final bids from the tie bidders or proceed as otherwise set forth in the solicitation or as required by applicable law or a policy adopted by City Council.

Multistep Sealed Bidding. The Chief Procurement Officer may use a source selection method involving two or more competitive steps, combining the elements of both competitive sealed bids and any other authorized procurement method or procedure.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.302. - Competitive Sealed Proposals; Request for Qualifications.

Determination of Use. A contract for the procurement of supplies, services, professional services, or construction may be entered into through solicitation of competitive sealed proposals or qualification statements when the Chief Procurement Officer determines that the use of competitive sealed bidding or other authorized procurement methods are either not practical or not advantageous to the City, including but not limited to, a contract for:

The procurement of professional or consulting services; or

The procurement of construction manager-at-risk and design-build construction project delivery services.

Request for Proposals; Request for Qualification Statements. Competitive sealed proposals shall be solicited through a Request for Proposals (RFP). Competitive sealed qualification statements shall be solicited through a Request for Qualifications (RFQu).

Prequalification; Short Listing. A prequalification or short listing process may be conducted as part of or prior to the issuance of an RFP or RFQu. In the event a prequalification or short listing process is used, the Chief Procurement Officer may limit consideration to responses that are submitted from the prequalified or short listed respondents.

Public Notice. Public notice of an RFP or RFQu shall be given in the same manner as provided for competitive sealed bidding.

Receipt of Responses. Proposals and qualification statements shall be opened and held in accordance with Florida public records laws.

Evaluation Criteria. The RFP or RFQu solicitation shall state the criteria to be used in the evaluation of the responses, and shall include their relative importance.

Advisory Committee. The Chief Procurement Officer may appoint an advisory committee to evaluate and rank the responses and make a recommendation based on the criteria set forth in the solicitation.

Discussion with Responsible Respondents and Revision to Responses. As provided in the RFP or RFQu solicitation, discussions may be conducted with responsible respondents who submit responses determined to be reasonably acceptable of being selected for award for the purpose of clarification and to assure full understanding of, and responsiveness to, the solicitation requirements. Such respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of responses and such revisions may be permitted after submission prior to award for the purpose of obtaining best and final offers.

Award. Award shall be made to the responsible respondent whose proposal or qualification statement is determined to be the most advantageous to the City, taking into consideration the evaluation criteria set forth in the solicitation.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.303. - Competitive Sealed Replies.

Determination of Use. When the Chief Procurement Officer determines that procurement by an Invitation for Bids or other solicitation method, is not in the best interest of the City, and that negotiation may be necessary for the City to receive the best value, the Chief Procurement Officer may procure commodities and contractual services by competitive sealed replies.

Invitation to Negotiate (ITN). Competitive sealed replies shall be solicited through an Invitation to Negotiate (ITN).

Prequalification; Short Listing. A prequalification or short listing process may be conducted as part of or prior to the issuance of an ITN. In the event a prequalification or short listing process is used, the Chief Procurement Officer may limit consideration to responses that are submitted from prequalified or short listed respondents.

Public Notice. Public notice of the Invitation to Negotiate shall be given in the same manner as provided for in competitive sealed bidding.

Receipt of Competitive Sealed Replies. Competitive sealed replies shall be opened and held in accordance with Florida public records laws.

Evaluation Criteria. The Invitation to Negotiate shall state the criteria to be used in the evaluation of the replies.

Advisory Committee/Negotiation Team. The Chief Procurement Officer may appoint an advisory committee and/or negotiation team to evaluate the replies, negotiate and make a recommendation.

Negotiations with Respondents. Negotiations may be conducted with one or more respondents. Negotiations may be either sequential or concurrent as determined by the Chief Procurement Officer and set forth in the Invitation to Negotiate.

Rules of Negotiation. To the extent allowed by law, negotiators may discuss a respondent's reply, including pricing, with another respondent.

Award. Contract award shall be made to the responsive and responsible respondent determined to offer the best value to the City.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201; Ord. No. 2016-47, § 1, 5-23-2016, Doc. #1605231202)

Sec. 7.304. - Competitive Reverse Auctions.

Determination of Use. When the Chief Procurement Officer determines that procurement by Reverse Auctions is in the best interest of the City, the Chief Procurement Officer may procure supplies, services, or construction by Reverse Auction.

Invitation for Reverse Auction.

Reverse Auctions shall be solicited through an Invitation for Reverse Auction. Each Invitation for Reverse Auction shall include specifications and any applicable evaluation criteria. Contractual terms and conditions may be included within the solicitation document or incorporated by reference.

A pre-qualification process may be conducted as part of or prior to the issuance of an Invitation for Reverse Auction in order to establish a list of qualified respondents. In the event a pre-qualification process is used, the Chief Procurement Officer may limit consideration to bids that are submitted by pre-qualified respondents.

Public Notice. Public Notice of the Invitation for Reverse Auction shall be given a minimum of five (5) calendar days prior to the date set forth therein for the opening of bids.

Bid Acceptance and Evaluation. Bids shall be evaluated based on the requirements set forth in each Invitation for Reverse Auction, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Each Invitation for Reverse Auction shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that is not set forth in the Invitation for Reverse Auction.

Contract Award. The contract shall be awarded to the lowest responsible and responsive bidder whose bid conforms in all material respects to requirements and criteria set forth in the Invitation for Reverse Auction.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.305. - Major and Minor Irregularities.

Minor Irregularities. In evaluation of sealed bids and other responses, the Chief Procurement Officer may waive minor irregularities. Minor irregularities shall include, but are not limited to:

Addendum not acknowledged when price not affected;

Correct number of copies not submitted;

Delivery/payment terms not specified (unless specifically required in bid/proposal);

References not provided at time of bid/proposal;

Unit prices not extended;

Submission of cashier's check instead of another bid security; and

Failure to submit written evidence that an agent signing for an owner had authority to bind the bidder/proposer.

Major Irregularities. Irregularities considered to be major and not waivable; examples shall include, but are not limited to:

Bidder's or proposer's or respondent's Certification not submitted or submitted but not signed;

Bid Security not submitted when required or not valid;

Addendum not acknowledged when it affects price;

Bid or response not submitted on time; and

Bid pricing pages not submitted or submitted in blank.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.306. - Responsibility of Bidders and Respondents.

Standards. Factors which may be considered in determining whether the standard of responsibility has been met include without limitation whether a prospective contractor has:

Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements;

A satisfactory record of performance with the City and other entities;

A satisfactory record of integrity and fair dealing;

The legal qualifications to contract with the City; and

Promptly supplied all necessary information in connection with the inquiry concerning responsibility.

Written Determination of Non-Responsibility Required. If a bidder or respondent who otherwise would have been awarded a contract is found non-responsible, the Chief Procurement Officer shall issue a written determination of non-responsibility setting forth the basis of the finding.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201; Ord. No. 2016-47, § 1, 5-23-2016, Doc. #1605231202)

Sec. 7.307. - Small Purchases and Informal Solicitations.

Any procurement within the authority of the Chief Procurement Officer under Section 7.202(A)(2) may be made in accordance with the operational procedures for informal small purchases promulgated by the Chief Procurement Officer. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.308. - Sole Source and Negotiated Procurements.

Sole Source Procurements. A contract may be awarded for a supply, service or construction item without competition when the Chief Procurement Officer determines that there is only one source for the required service, supply or construction item.

Negotiated Procurements. A contract may be awarded for a supply, service or construction item without competition when competitive procedures are not feasible or practicable as determined by the Chief Procurement Officer and approved by the Chief Financial Officer.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.309. - Emergency Procurement.

Notwithstanding any other provision of this Code, the Chief Procurement Officer may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety as determined under emergency policies or procedures or operating directives promulgated by the Chief Procurement Officer, provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A full written determination of the basis of the emergency and for the selection of the particular contractor shall be included on an emergency purchase form and shall be filed as a record of the purchase. Any emergency procurement exceeding the award authority of the Chief Procurement Officer shall be submitted to the City Council for information. The Council Agenda Item shall include all relevant information used to justify the emergency procurement.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.310. - Owner Direct Purchase.

A contract may be awarded for supplies or materials without competition where such supplies or materials are being procured by the City as an owner direct purchase for incorporation into a public works project the contract for which was previously awarded by the City, which prior award included the cost of such supplies or materials. In such event, the City shall procure the supplies or materials in accordance with Florida Statutes and regulations related to owner direct purchases by governmental entities.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.311. - Electronic Commerce.

Authorization for the Use of Electronic Transactions. The City may conduct procurement transactions, including, but not limited to, competitive sealed bids, competitive sealed proposals and informal quotations, by electronic means or in electronic form. The Chief Procurement Officer may develop procedures regarding identification, security, confidentiality and the utilization of digital signatures.

Electronic Posting. The City may electronically post solicitations, determinations and other matters related to procurement on a centralized Internet website designated by the City for this purpose.

Electronic Records. Wherever this Code or the policies and procedures promulgated hereunder require that a document, record, or notice to be in writing, an electronic format is authorized.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.312. - Award, Cancellation or Rejection of Solicitations.

Award. No award shall be final and no contract shall be created or deemed to exist until such time as a written contract has been executed by the City and, if required by Section 7.202 of this Chapter, the approval of City Council has been obtained.

Cancellation of Solicitations. At any time prior to final award and contract execution, a solicitation may be delayed or cancelled, or any or all responses received by the City may be rejected by the Chief Procurement Officer, in whole or in part, when it is determined by the Chief Procurement Officer that such action is in the best interest of the City.

Notice. A written notice of delay, cancellation or rejection shall be posted or sent to all persons who submitted a response to a solicitation.

Public Records. If all solicitations are rejected or a solicitation is cancelled, all solicitation submittals received may remain confidential, at the discretion of the Chief Procurement Officer, in accordance with Chapter 119, Florida Statutes, as amended.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.313. - Reporting of Anti-Competitive Practices.

When for any reason, collusion or other anti-competitive practices are suspected among any bidders or respondents, a notice of the relevant facts may be transmitted, at the discretion of the Chief Procurement Officer, to the State Attorney General or the appropriate federal, State, or local official for investigation and appropriate action.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

ARTICLE IV. - SPECIFICATIONS

Sec. 7.400. - Maximum Practicable Competition.

The Chief Procurement Officer shall strive to assure that all specifications issued by the City provide for free and open competition and may promulgate procedures for the standardization, preparation, and use of specifications for supplies, services, professional services, and construction required by the City.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.401. - Specifications Prepared by Other Than City Personnel.

A person that prepares the evaluation criteria, specifications, or scope of work for a competitive solicitation may not respond to the solicitation or compete for award of a contract arising there from either directly as a respondent or indirectly as a subcontractor at any tier for a respondent. Nothing herein shall be deemed to preclude such person from participating in subsequent solicitations for the same or similar goods or services unless the terms and conditions contained in the subsequent solicitation preclude such participation as determined by the Chief Procurement Officer.

Notwithstanding the preceding, the provision of product specifications, technical data, or other information by a person to the City in situations where the person is not preparing the evaluation criteria, specifications, or scope of work on behalf of, or in conjunction with, the City shall not preclude such person from responding to and receiving an award of a contract resulting from such solicitation.

The provisions of this Section shall not apply to professional services solicited in accordance with Section 287.055 of the Florida Statutes, the Consultants' Competitive Negotiation Act, which shall be governed by the conflict of interest provisions contained therein.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.402. - Qualified Products Lists.

The Chief Procurement Officer, in consultation with the using agency, may adopt qualified product lists as may be in the best interest of the City.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.403. - Brand Name Specification.

The use of a brand name specification, which may limit product competition, shall only be used when approved by the Chief Procurement Officer.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.404. - Standardization.

The Chief Procurement Officer may develop a standardization program for specifications and supplies to support cost reduction and effective maintenance, training, integration and economies of scale. In developing the standardization program, consideration may be given to: (1) the uniform or common appearance, application or functionality of a supply or service; and (2) the method for periodic review of standard specifications to keep standards current. The procurement of products previously standardized by City Council may be approved by the Chief Procurement Officer or designee in accordance with established limits of authority.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

ARTICLE V. - PROCUREMENT OF CONSTRUCTION AND PROFESSIONAL SERVICES

Sec. 7.500. - Selection of Construction Contracting Delivery Methods.

The Chief Procurement Officer, or designee, shall have the ability to use the appropriate construction delivery method, which may include but is not limited to design-bid-build, design-build, construction-manager-at-risk, task order-contracting, or other lawful methods. In determining which method to use, consideration shall be given to the City's requirements and resources. Notwithstanding Section 7.302 of this Chapter, the Public Works Director or designee shall be responsible for the designation of the construction procurement methodology.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.501. - Procurement of Professional Services.

Notwithstanding any provision of this Procurement Code to the contrary and except as precluded by law, contracts for professional services shall be procured in accordance with the Consultant's Competitive Negotiations Act (CCNA), Section 287.055, Florida Statutes, as applicable. In accordance with the requirements of the CCNA, consultants for professional services shall be evaluated upon their qualifications for the work, including, but not limited to, such factors as the ability of professional personnel, past performance, workloads, and location of the firm.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

ARTICLE VI. - CONTRACTS

Sec. 7.600. - Types of Contracts.

General Authority. Firm fixed price contracting is the preferred method; however, any type of contract which will promote the best interests of the City may be used. A cost reimbursement contract may be used only when a determination has been made that such contract is likely to be less costly to the City than any other type or that it is impractical to obtain the supplies, services, professional services, or construction required except under such a contract.

Multi-Term Contracts. Unless otherwise provided by law, a contract for supplies, services, professional services, or construction may be entered into for any period of time deemed to be in the best interest of the City. Payment and performance obligations for succeeding fiscal periods shall be subject to availability and appropriation of funds therefor.

Multiple Source Contracting. A multiple source award may be made by the City when award to more than one respondent for similar products or services (including professional services and construction) is deemed to be in the best interest of the City, for reasons which may include, but are not limited to, adequate delivery, service, or product compatibility.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.601. - Contract Clauses.

Subject to review and approval by the City Attorney or designee, the Chief Procurement Officer is authorized to permit or require the inclusion of clauses necessary to define the responsibilities and rights of the parties to the contract to include, but not be limited to, contractual remedies, change orders, modifications, insurance requirements, or adjustments in prices, time of performance or other contract provisions.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.602. - Right to Audit Records.

The City shall be entitled to audit the books and records of a contractor or any subcontractor to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of five (5) years from the date of final payment under the prime contract and by the subcontractor for a period of five (5) years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.603. - Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods.

When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not amortized in the price of the supplies or services delivered under the contract or otherwise recoverable.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.604. - Bid Security and Contract Performance Bonds.

Bid Security. The City may require bid security for solicitations for construction, goods, or service contracts as the Chief Procurement Officer deems appropriate in the best interest of the City, in such form and content as is satisfactory to the Chief Procurement Officer.

Contract Performance and Payment Bonds. Contract performance and payment bonds may be required for construction, goods or service contracts as the Chief Procurement Officer deems appropriate in the best interest of the City.

Authority to Require Additional Bonds or Accept Other Security. Nothing in this section shall be construed to limit the authority of the Chief Procurement Officer to require or accept other bonds or other forms of security in lieu of, or in addition to, those bonds specified in subsections A and B of this section.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.605. - Approval of Contracts, Bonds, and Certificates of Insurance.

All contracts under this Code shall be subject to approval as to form and legality by the City Attorney or designee. All bonds and certificates of insurance required by this Code shall be subject to approval by the Chief Procurement Officer.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.606. - Contract Administration.

The Chief Procurement Officer may establish a contract administration program designed to ensure that a contractor is performing in accordance with solicitation and contract requirements, terms and conditions.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.607. - Right to Inspect Facilities.

The City may, at reasonable times, inspect the facility or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the City.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

ARTICLE VII. - COST PRINCIPLES

Sec. 7.700. - Cost Principles.

The Chief Procurement Officer may promulgate operating directives relating to price analysis and cost principles to be used when negotiating estimated costs or fixed prices, including but not limited to: (1) in the absence of competitive sealed bidding; (2) when negotiating adjustments for changes or modifications in contracts; (3) when negotiating settlements; or (4) as appropriate where the determination of estimated or incurred costs is involved.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

ARTICLE VIII. - SUPPLY MANAGEMENT

Sec. 7.800. - Supply Management Operations.

The Chief Procurement Officer, or designee, shall control and supervise the management of supplies during their entire life cycle. The objectives of supply management include preventing waste, continuing utilization of supplies, and obtaining a fair return of value upon disposal of supplies. The Chief Procurement Officer may establish operating directives and policies as may be required for governing supply management.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.801. - Inventory Management.

The Chief Procurement Officer or designee shall control and supervise all inventories of tangible personal property, whether warehoused or in use, belonging to the City or any of its agencies. This responsibility shall not, however, relieve any agency of accountability for tangible personal property and other supplies under its control.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.802. - Warehousing and Storage.

The Chief Procurement Officer, or designee, shall exercise control and supervision of any receiving, storage, and distribution facilities and services maintained and operated by the Procurement and Contracts Division. The Chief Procurement Officer may establish operating directives and policies governing the efficient and effective operation of the inventory system, including but not limited to policies regarding the addition or deletion of items carried in inventory, appropriate stock levels, the sale or disposal of inventory items no longer needed, and the delivery and other services provided to the using agencies.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.803. - Authorization to Dispose of Supplies.

No using agency shall transfer, sell, trade-in, or otherwise dispose of supplies owned by the City without written authorization from the Chief Procurement Officer.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.804. - Disposition of Surplus Property.

The Chief Procurement Officer will operate a surplus property program for the purpose of receipt, storage, transfer, sale or use of surplus property no longer needed by the City.

Using agencies shall request appropriate authorization from the Chief Procurement Officer to transfer fixed assets to another using agency or to request a transfer of property.

The Chief Procurement Officer may establish operating directives and policies, as may be required, governing:

Management of the City's fixed assets;

The transfer of surplus property;

The sale or disposal of surplus property; and

The trade-in of surplus property for purchase of new equipment.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.805. - Disposition of Unclaimed, Lost, or Confiscated Property.

Unless otherwise provided by law, unclaimed, lost and confiscated property shall be disposed of in accordance with Chapter 705, Florida Statutes, as amended.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.806. - Quality Assurance, Inspection, and Testing.

The Chief Procurement Officer, or designee, shall take such steps as are deemed desirable to ascertain or verify that supplies, services, professional services, or construction items procured by the City conform to specifications. In performing this duty, the City may establish inspection and testing facilities, employ inspection personnel, enter into arrangements for the joint or cooperative use of laboratories and inspection and testing facilities, and contract with others for inspection or testing work as needed. The Chief Procurement Officer may delegate authority for inspection and testing to using agencies.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

ARTICLE IX. - LEGAL AND CONTRACTUAL REMEDIES

Sec. 7.900. - Protests.

Filing a Protest. In accordance with the terms and conditions of this Section, any actual or prospective bidder, proposer, offeror, respondent, or contractor who is aggrieved in connection with a solicitation or award of a contract may protest to the Chief Procurement Officer. A protest must be filed with the Chief Procurement Officer in writing within the times set forth in this Article and must be accompanied by the non-refundable filing fee and protest security set forth in Subsection B. below. The written protest should identify the party filing the protest, the solicitation or contract with respect to which the protest is being filed, the legal and factual grounds for the protest, the relief being requested, and contain all necessary information, legal authority, and evidence to support the protest.

Non-refundable Filing Fee; Protest Bond or other Security. A protest must be accompanied by the payment of a two hundred fifty and no/100 dollar ($250.00) non-refundable filing fee. Said filing fee may be paid in cash, by bank or certified check, or by such other means as acceptable to the Chief Procurement Officer, and must be received prior to the expiration of the time for filing a protest. In addition to the filing fee, unless a different amount is specified in the terms of a particular solicitation, at the filing of the written protest, the aggrieved bidder, proposer, offeror, respondent, or contractor shall post with the Procurement and Contracts Division, a security in the form of a bond (in a form, and with such terms, approved by the Chief Procurement Officer) payable to the City of Orlando in an amount equal to one percent (1%) of the estimated price quoted, bid or proposal amount, or five thousand and no/100 dollars ($5,000.00), whichever is less. In lieu of a bond, the City may accept an irrevocable letter of credit, cashier's or certified check, or money order in the above referenced amount (in a form, and with such terms, approved by the Chief Procurement Officer). Such bond or other security must be received prior to the expiration of the time for filing a protest. If the protest is successful, the posted security will be refunded in full. If the protest is unsuccessful, the security shall be returned, less all fees, expenses, damages, costs and charges incurred by the City. Noncompliance with these requirements, in whole or in part, including the failure to pay the non-refundable filing fee or file a security in the full amount within the applicable deadline for filing of the protest, shall be deemed to be a waiver by the protestor of its rights under this ordinance.

Costs. The protestor shall be liable for all of its own costs and expenses incurred related to a protest, including all appeals.

Time for filing a Protest. A protest must be filed within seven (7) calendar days after such aggrieved person knows or should have known of facts giving rise thereto; provided, however that:

Any protest with respect to the terms, conditions, specifications, or procedures contained in a solicitation must be filed by the date established by the Chief Procurement Officer and set forth in the solicitation. If no date is established for such protests in the solicitation, such a protest must be filed no later than seven (7) calendar days after the posting of the solicitation or the addendum containing the provision at issue.

No protest of any kind with respect to a solicitation or contract may be filed more than seven (7) calendar days after the City's posting of a Notice of Intended Action to make an award or setting forth the final recommended rank order of respondents to a solicitation.

Notwithstanding anything in this Procurement Code to the contrary, no protest may be filed or heard after the contract award has been approved by City Council, or the contract has been fully executed if City Council approval is not necessary.

Prohibited Challenges. Notwithstanding anything in this Procurement Code to the contrary, the following matters may not be protested:

If the City elects in its sole discretion to weight solicitation evaluation criteria or adopt a formula for evaluation, a protest may not challenge the relative weight assigned to the solicitation evaluation criteria by the City, or the formula adopted for evaluation. If the City elects in its sole discretion not to weight solicitation evaluation criteria or to adopt a formula for evaluation, a protest may not challenge such elections.

A protest may not challenge a decision or action of the Chief Procurement Officer under Section 7.312 of the Code, entitled "Award, Cancellation or Rejection of Solicitations."

Chief Procurement Officer's Decision. The Chief Procurement Officer shall attempt to settle or resolve protests, with or without a meeting or hearing, at the option of the Chief Procurement Officer. The Chief Procurement Officer may request information from, and speak individually or collectively to, any people or entities having information relevant to the protest, including but not limited to the protestor and other respondents to a solicitation. Copies of the protest and other records may be provided to any person or entity as deemed appropriate by the Chief Procurement Officer. The protesting party may not provide additional evidence or otherwise amend its protest after timely filing of a written protest without the approval or request of the Chief Procurement Officer granted prior to a written decision being rendered on the protest. The Chief Procurement Officer shall render a written decision on the protest within thirty (30) calendar days following receipt of the protest. The time for rendering a written decision may be extended by the City's Chief Financial Officer in the best interest of the City.

Appeal of the Chief Procurement Officer's Decision. Any person aggrieved by the decision of the Chief Procurement Officer may appeal to the Chief Financial Officer within seven (7) calendar days from the date of the Chief Procurement Officer's written decision. Said appeal shall be in writing and shall state with specificity the grounds therefor and the action requested of the Chief Financial Officer. Said appeal shall be based solely upon the issues, arguments, information, and evidence before the Chief Procurement officer at the time of the written decision on the protest was issued. New issues, arguments, information, or evidence may not be submitted. The Chief Financial Officer shall attempt to settle or resolve the matter, with or without a meeting or hearing, at the option of the Chief Financial Officer. The Chief Financial Officer may request information from, and speak individually or collectively to, any person or entity having information relevant to the matter, including but not limited to the appealing party and other respondents to a solicitation, if any. Copies of the protest, appeal and other records may be provided to any person or entity as deemed appropriate by the Chief Financial Officer. The Chief Financial Officer shall render a written decision on the appeal within thirty (30) calendar days following receipt of the appeal, or notify the appealing party within said thirty (30) day period that additional time is required before a decision will be rendered.

Appeal of the Chief Financial Officer's Decision. Decisions of the Chief Financial Officer may be appealed to City Council by submission to the City Clerk of a written request for hearing within seven (7) calendar days from the date of the Chief Financial Officer's written decision. The written request shall state with specificity the grounds for the appeal and also the action requested of City Council. Said appeal shall be based solely upon the issues and information before the Chief Financial Officer at the time the written decision on the appeal was issued. New issues, arguments, information, or evidence may not be submitted. When an appeal is scheduled for oral presentation before City Council, the appellant and City staff shall each be given ten (10) minutes to present the appeal and response. In its discretion, City Council may extend the time allotted for argument and/or allow other interested persons to speak.

Finality. A final decision under this section shall be conclusive and shall represent the position of the City.

Timeliness; Jurisdiction. Timely filing of the protest and/or appeals, including any and all required fees and bonds, is jurisdictional. Notwithstanding any provision of this Section to the contrary, in the event that the final day for a City employee or official to respond or for a person to file a protest or appeal with the Chief Procurement Officer, Chief Financial Officer, or City Clerk falls on a Saturday, Sunday, or a City observed holiday, the date for responding or filing such protest or appeal shall be extended until the next day which is neither a Saturday, Sunday, or City observed holiday. In accordance with the provisions of Section 7.106 of this Procurement Code, any notice, filing, or other submission received by the City after the close of the City's business hours at 5:00 p.m. local time, shall be deemed received by the City effective as of the next business day of the City.

Stay Pending Protest and Appeal. In the event of a timely protest and/or appeal, the City shall not proceed further with the solicitation or with the award of the contract unless the Chief Procurement Officer, after consultation with the head of the using agency, forwards to the Chief Financial Officer a written request to award the contract without delay in order to protect the public health, welfare or safety, and such request is approved by the Chief Financial Officer.

Reservation of Rights. Nothing in this Section shall be deemed to preclude the City at any time in its discretion from raising and considering any issue related to a solicitation or award, requesting or accepting additional information, or resolving any protest or subsequent appeal on any ground or basis as may be in the best interest of the City.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201; Ord. No. 2016-47, § 1, 5-23-2016, Doc. #1605231202)

Sec. 7.901. - Contract Disputes.

Applicability. The Section applies to disputes which arise under, or by virtue of, a contract between the City and a contractor. This includes without limitation, disputes based upon breach of contract, mistake, misrepresentation, change orders, or other cause for contract modification or rescission.

Authority. The Chief Procurement Officer, after consultation with the City Attorney or designee, shall have the authority to settle and resolve any disputes arising from City contracts; provided, however, that if the settlement requires an expenditure of funds by the City in addition to amounts previously authorized by City Council or this Code in excess of Seventy-Five Thousand Dollars ($75,000.00), and up to one hundred thousand dollars ($100,000) with the approval of the Chief Financial Officer, the settlement shall be subject to the approval of City Council.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.902. - Contract Termination.

Applicability. This section applies to contracts, procured by the Procurement and Contracts Division, between the City and a person or entity which provide for termination of the contract by the City for cause and/or for convenience.

Authority.

The Chief Procurement Officer shall have the authority to terminate a contract for cause, in the event of a breach by the contractor, or for convenience, if in the best interest of the City.

Nothing in this ordinance shall be construed to restrict the Chief Procurement Officer from simultaneously making a determination to terminate a contract under this section and suspending or debarring a contractor.

Right of Appeal. The decision of the Chief Procurement Officer to terminate a contract may be appealed to the Chief Financial Officer and, thereafter, to City Council in accordance with the provisions and time frames set forth in Section 7.900 G through J.

Notice of Decision. A copy of any decision under this section shall be furnished in writing to the contractor.

Finality of Decision. Any decision under this section shall be final and conclusive upon the contractor.

Other Remedies. Nothing in this section shall limit the City from pursuing other legal or contractual rights or remedies against a contractor.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.903. - Suspension and Debarment.

Authority to Debar or Suspend. In accordance with the provisions of this Section, the Chief Procurement Officer, after consultation with the City Attorney's Office, shall have the authority to debar an actual or prospective contractor for cause from consideration for award of contracts. The debarment shall be for a period of not more than five (5) years from the date of the final determination of debarment. Upon initiation of debarment proceedings, the Chief Procurement Officer, after consultation with the City Attorney's Office, shall also have the authority to suspend an actual or prospective contractor from consideration for award of contracts pending the final debarment determination. The suspension shall be for a period of one (1) year or until a final determination with respect to debarment is made, whichever is earlier.

Causes for Debarment. The causes for debarment shall include, but are not limited to, the following:

Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or incident to the performance of such contract or subcontract.

Conviction under state or federal statutes for embezzlement, theft, forgery, bribery, falsification or destruction of records, receipt of stolen property or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects its responsibility as a contractor.

Conviction or civil judgment finding under state or federal antitrust statutes arising out of the submission of bids or proposals.

A determination by a court, hearing officer, administrative official, or any local, state, or federal governmental entity or agency that the contractor has violated the provisions of any local, state, or federal laws or regulations.

Commission of any fraud or misrepresentation in connection with a bid, quotation, proposal, solicitation, or contract with the City or other public entity, whether or not leading to a conviction.

Violation of a material solicitation/contract provision with the City or any other person or public entity, including, but not limited to the following:

Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in a bid/contract;

Abandonment of a contract;

Failure to pay a contractor, sub-contractor, or material provider as required by Florida Statutes;

Repudiation of a bid/contract by failure to provide bonds, insurance, or other required certificates within a reasonable time period;

Refusal to accept an addendum, agreement or contract, or to perform thereon provided such addendum, agreement or contract was issued timely and in conformance with the bid or solicitation received; or

Overall performance of a contract which has been evaluated as "poor" or "unsatisfactory".

A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more bids/contracts with the City or any other person or public entity; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment.

Presence of principals or corporate officers in the business or concern, who were principals or corporate officers within another business at the time when the other business was suspended or debarred within the last five (5) years under the provisions of this section or by another public entity.

Violation of an ethical standard as set forth in City Code, including Article XII of this Procurement Code.

10.

Any other cause or material factor which adversely affects the responsibility of a person or entity as a City contractor, including but not limited to suspension or debarment by another governmental entity for any of the causes listed in this section.

Notice of Intent to Debar. Upon a preliminary determination by the Chief Procurement Officer that cause exists for debarment, a contractor or prospective contractor shall be sent a written notice of intent to debar. Such notice shall state:

The reasons for the proposed debarment;

The proposed length of the debarment;

That the preliminary finding of cause and proposed debarment action shall become final, if a request for review is not timely filed in accordance with the provisions of subsection D below;

Whether the person has been suspended pending finality of the debarment determination; and

That suspended and/or debarred persons may not be considered for award or receive new contracts during the period of suspension and/or debarment.

Request for Review. A contractor or prospective contractor that has received a notice of intent to debar may request that the proposed debarment action be reviewed and reconsidered. Such request must be received by the Chief Procurement Officer in writing within ten (10) calendar days of issuance of the notice of the intent to debar. Such request for review and reconsideration shall state the basis for review and reconsideration, and shall include such documents, evidence, and other information as the requesting party deems necessary to support its position. If no request for review and reconsideration is received within the time period allowed, the determination of the Chief Procurement Officer that cause exists for debarment and the proposed length of the debarment shall become final and all rights to request review or appeal shall be deemed waived.

Review. Upon timely filing of a written request for review, the Chief Procurement Officer shall review and reconsider the preliminary determination of cause for debarment, with or without a meeting or hearing with the party requesting review, at the option of the Chief Procurement Officer. The Chief Procurement Officer may request information from, and speak individually or collectively to, any people or entities having information relevant to the debarment determination. The Chief Procurement Officer shall render a written decision on the request for review and reconsideration, which shall include the Chief Procurement Officer's final debarment decision and action taken, if any, within thirty (30) calendar days following receipt of the request. The time for rendering a written decision may be extended by the City's Chief Financial Officer in the best interest of the City.

Appeal of the Chief Procurement Officer's Decision. The decision of the Chief Procurement Officer may be appealed by the person proposed for debarment to the Chief Financial Officer and, thereafter, to City Council in accordance with the provisions and time frames set forth in Section 7.900 G through J.

Debarred and Suspended Persons List. The Chief Procurement Officer shall maintain a list of suspended and debarred persons. Persons which have been suspended or debarred shall be precluded from responding to solicitations or receiving awards of contracts from the City during the period of their suspension or debarment. Any bid or other response received from such a party during the period of their suspension or debarment shall be disregarded and not evaluated for potential award.

Other Remedies. Nothing in this section shall limit the City from pursuing other legal or contractual rights or remedies against a suspended or debarred person, including but not limited to during the pendency of any proceedings related to suspension or debarment.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

ARTICLE X. - INTERGOVERNMENTAL RELATIONS

Sec. 7.1000. - Cooperative Purchasing.

Cooperative Purchasing Authority. In accordance with Section 7.202, the Chief Procurement Officer shall have the authority to enter into an agreement with one or more public entities or external procurement units to:

sponsor, conduct, or administer a cooperative purchasing agreement for the procurement or disposal of any supplies, services, professional services, or construction;

cooperatively use supplies or services;

commonly use or share warehousing facilities, capital equipment, and other facilities;

purchase goods, services, professional services, or construction;

receive or make available information, technical assistance, and other services that may assist in improving the efficiency or economy of procurement; or

provide or receive personnel services.

Utilization. The Chief Procurement Officer is hereby authorized to purchase from, and to award contracts that are the result of, cooperative purchasing agreements or agreements that have been awarded by a public entity or external procurement unit, in accordance with Section 7.202. The Chief Procurement Officer is also authorized to negotiate and enter into contracts directly with Vendors selected by another public entity or external procurement unit to provide similar goods, services, professional services or construction to those that may be required by the City in accordance with Section 7.202.

Procurement from Federal Contractors. In accordance with the dollar limits set forth in Section 7.202, the Chief Procurement Officer is expressly authorized to purchase directly from contractors holding Federal contracts that offer to sell to the City at the same or lower than the price offered for sale to the Federal Government upon such terms and conditions as may be agreed upon between the Chief Procurement Officer and the contractor.

Sale, Acquisition or Use of Supplies by a Public Entity or External Procurement Unit. The Chief Procurement Officer may contract to sell to, acquire from, or use any supplies or services (including construction services) with a public entity or external procurement unit, in accordance with the dollar limits set forth in Section 7.202.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201; Ord. No. 2016-47, § 1, 5-23-2016, Doc. #1605231202)

ARTICLE XI. - SUPPLIER DIVERSITY

Sec. 7.1100. - Equal Opportunity.

In support of equal opportunity and diversity in the procurement of goods and services (including professional services and construction) by the City hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination on the grounds of such person's race, color, creed, disability, national origin, age, marital status, religion, sex, or sexual orientation or gender identity.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201; Ord. No. 2016-47, § 1, 5-23-2016, Doc. #1605231202)

Sec. 7.1101. - Minority and Women Business Enterprises.

The City's Office of Minority and Women Business Enterprise administers the Minority Business Enterprise and Women Business Enterprise Program. In the application of this Procurement Code, the provisions of Chapter 57, pertaining to the minority business enterprises and women-owned business enterprises, shall be observed.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.1102. - Veteran Business Enterprise Preference.

(A)

Veteran business enterprise is defined as a business that (i) has been certified by the state Department of Management Services to be a certified veteran business enterprise as set forth in Section 295.187, Florida Statutes; and (ii) has a principal place of business in the Metropolitan Statistical Area (i.e., Orange, Lake, Seminole or Osceola counties).

(B)

A business which wishes to obtain a veteran business enterprise preference on a procurement must meet the definition of veteran business enterprise no later than the date of submittal of its bid, proposal, quote or qualification statement.

(C)

For solicitations by competitive sealed bidding and requests for quotation, notwithstanding the provisions of Section 7.301(H) of this Code, the following bid preference scale shall apply to a responsive bid submitted by a responsible veteran business enterprise, provided its bid does not exceed the lowest responsive and responsible bid by more than the following:

Fifteen percent (15%) on bids up to One Thousand Five Hundred Dollars ($1,500);

Ten percent (10%) on bids from One Thousand Five Hundred and 01/100 Dollars ($1,500.01) to Nineteen Thousand Nine Hundred Ninety-Nine and 99/100 Dollars ($19,999.99);

Nine percent (9%) on bids from Twenty Thousand Dollars ($20,000) to Thirty-Nine Thousand Nine Hundred Ninety-Nine and 99/100 Dollars ($39,999.99);

Eight percent (8%) on bids from Forty Thousand Dollars ($40,000) to Fifty-Nine Thousand Nine Hundred Ninety-Nine and 99/100 Dollars ($59,999.99);

Seven percent (7%) on bids from Sixty Thousand Dollars ($60,000) to Seventy-Nine Thousand Nine Hundred Ninety-Nine and 99/100 Dollars ($79,999.99);

Six percent (6%) on bids from Eighty Thousand Dollars ($80,000) to Ninety-Nine Thousand Nine Hundred Ninety-Nine and 99/100 Dollars ($99,999.99);

Five percent (5%) on bids from One Hundred Thousand Dollars ($100,000) to One Hundred Forty-Nine Thousand Nine Hundred Ninety-Nine and 99/100 Dollars ($149,999.99);

Four percent (4%) on bids from One Hundred Fifty Thousand Dollars ($150,000) to Two Hundred Forty-Nine Thousand Nine Hundred Ninety-Nine and 99/100 Dollars ($249,999.99);

Three percent (3%) on bids from Two Hundred Fifty Thousand Dollars ($250,000) to Four Hundred Ninety-Nine Thousand Nine Hundred Ninety-Nine and 99/100 Dollars ($499,999.99);

10.

Two percent (2%) on bids from Five Hundred Thousand Dollars ($500,000) to Nine Hundred Ninety-Nine Thousand Nine Hundred Ninety-Nine and 99/100 Dollars ($999,999.99); and

11.

One percent (1%) on bids for One Million Dollars ($1,000,000) or more.

Notwithstanding the foregoing, this bid preference shall not apply if the lowest responsive and responsible bid was submitted by another veteran business enterprise, a minority business enterprise or a woman business enterprise.

(D)

For procurement by competitive sealed proposals, invitation to negotiate, and requests for qualifications, participation by veteran business enterprises will receive two percent (2%) of the points in the scoring as provided in the solicitation, when weighted evaluation criteria with score sheets are utilized in the solicitation. A business which is both a veteran business enterprise and a minority business enterprise or a woman business enterprise will receive a scoring credit for either its status as a veteran business enterprise or as a minority business enterprise or woman business enterprise, but not both, as provided in the solicitation.

(E)

Notwithstanding the provisions of Section 7.301(J) of this Code, if there are two (2) or more low, responsive bids from responsible bidders that are identical in price and other evaluation criteria, and one (1) of the bids is from a veteran business enterprise, the bid shall be awarded to the veteran business enterprise. Notwithstanding the foregoing, if one (1) of the other identical bids is submitted by another veteran business enterprise or by a minority business enterprise or a woman business enterprise, then the contract award shall be made as provided in Section 7.301(J) of this Code.

(F)

The veteran business enterprise preference shall not apply to procurements where prohibited by law or disallowed by the terms (i) of any grant or (ii) agreement with the state or federal government. The veteran business enterprise preference shall not apply to procurements to which the Minority Business Enterprise and Women Business Enterprise Program does not apply, pursuant to City Code Chapter 57, or when the Minority and Women Business Enterprise Official has reduced or waived the goals for a particular solicitation.

(G)

The veteran business enterprise preference shall apply to solicitations issued by the City after January 1, 2014.

(Ord. No. 2013-71, § 1, 12-9-2013, Doc. #1312091206; Ord. No. 2015-22, § 1, 6-15-2015, Doc. #1506151204; Ord. No. 2016-47, § 1, 5-23-2016, Doc. #1605231202)

ARTICLE XII. - ETHICS IN PUBLIC CONTRACTING

Sec. 7.1200. - Standards of Conduct.

Public employment is a public trust. Employees should conduct themselves in such a manner as to foster public confidence in the integrity of the City's procurement process.

The purposes of this article are:

To establish practical means to maintain the integrity of the City's contracting and procurement procedures and to ensure that City resources are used for their intended public objectives;

To ensure the continued fair and impartial award of all City contracts and to avoid unfair advantage in competing for City contracts for services, goods, professional services, and construction; and

To establish penalties for violations of this Article.

City employees shall have no interest, financial or otherwise, direct or indirect, nor engage in any business transaction or activities, nor incur any obligation of any nature, which is in conflict with City ordinances or state or federal law. To this end, City employees are expected to fully comply with all City ethics policies and demonstrate the highest standards of personal integrity in public activities and conduct their duties in ways that are free from the inference or perception that favorable treatment was sought, received or given and to avoid any interest or activity which is in conflict with the conduct of official duties.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.1201. - Conflict of Interest.

Doing Business with One's Own Agency. In accordance with Section 112.313, Florida Statutes, as may be amended from time to time, no employee of the City acting in his or her official capacity as a purchasing agent, or public officer acting in his or her official capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services (including professional services and construction services) for his or her own agency from any business entity of which the officer or employee or the officer's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them has a material interest. Nor shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty, goods, or services (including professional services and construction services) to the City.

Conflicting Employment or Contractual Relationship. In accordance with Section 112.313, Florida Statutes, as may be amended from time to time, no public officer or employee of the City shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.1202. - Bid Tampering.

In accordance with Section 838.22, Florida Statutes, as may be amended from time to time:

It is unlawful for a public servant, with corrupt intent to influence or attempt to influence the City's competitive bidding process undertaken for the procurement of commodities or services (including professional services and construction services), to:

Disclose material information concerning a bid or other aspects of the competitive bidding process when such information is not publicly disclosed.

Alter or amend a submitted bid, documents or other materials supporting a submitted bid, or bid results for the purpose of intentionally providing a competitive advantage to any person who submits a bid.

It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause unlawful harm to another, to circumvent a competitive bidding process required by law or rule by using a sole-source contract for commodities or services (including professional services and construction services).

It is unlawful for any person to knowingly agree, conspire, combine, or confederate, directly or indirectly, with a public servant to violate subsection A or subsection B.

It is unlawful for any person to knowingly enter into a contract for commodities or services (including professional services and construction services) which was secured by a public servant acting in violation of subsection A or subsection B.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.1203. - Gifts and Gratuities.

Employees may not solicit or accept any gift or gratuity of value from a vendor or potential vendor, in violation of the City ordinances or state or federal law.

It is hereby prohibited for any payment, gratuity, or offer of employment to be made to a City employee, by or on behalf of, a potential vendor, contractor or subcontractor, or any person associated with a particular solicitation or award, as an inducement for an award or order.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 7.1204. - Prohibited Communication.

Intent. It is the intent of this procurement code to prevent respondents, and their agents and representatives, from having unauthorized communications with City departments, divisions, the Mayor, elected officials and their staff, advisory committee members, and City employees during competitive procurements.

Prohibited Communication Period. To protect the integrity of the solicitation process, a prohibited communication period is hereby established for competitive solicitation processes, including invitations for bids, requests for proposals, requests for quotations, and invitations to negotiate. The prohibited communication period shall commence at the time of the issuance of the solicitation and terminate when a contract is fully executed, unless otherwise set forth in a solicitation. During the prohibited communication period, all contacts and communications by a respondent, or potential respondent, and their representatives and agents regarding a solicitation shall be directed to the Procurement and Contracts Division in the manner provided in the solicitation, except as may otherwise be provided in this Code, authorized by the terms of a particular solicitation, or authorized by the Chief Procurement Officer.

Violations. Prohibited contact or communications during the prohibited communication period may result in disqualification from the solicitation process, rejection of the solicitation, or termination of any resulting contract as determined by the Chief Procurement Officer. In addition, prohibited contact or communications shall also be grounds for suspension and debarment of a respondent or potential respondent under this code.

Selection Committee. Any person, whether employed by the City or not, who knowingly violates a provision of this section may be prohibited from serving on a City's competitive selection committee, as determined by the Chief Procurement Officer.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201; Ord. No. 2016-47, § 1, 5-23-2016, Doc. #1605231202)

Sec. 7.1205. - Penalties.

In addition to any other penalties provided by law, violations of this Procurement Code by a City employee may subject said employee to disciplinary action up to and including dismissal from City service, in accordance with the City's employee conduct policies. Any penalties and remedies provided in this Procurement Code are non-exclusive and are in addition to any other penalties and remedies available under law or in equity. Nothing herein shall be deemed to preclude any action by the State of Florida for any violation of this Procurement Code which is also a violation of State law.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

ARTICLE XIII. - GRANTS

Sec. 7.1300. - Federal and State Grants and Contracts.

When a procurement is funded in whole or in part by federal or state funds, the City shall comply with all applicable laws governing the procurement of those goods or services (including professional services and construction services). In the event of a conflict, state and federal laws governing the grant shall supersede the provisions of the City's Procurement Code.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)

Sec. 6.19. - General Conditions for the Keeping of Backyard Chickens. Chapter 8 - AVIATION