§ 2-173. Definition of terms.

Agreement. See Contract.

Ancillary document. Any document related to a procurement that does not create a separate obligation to purchase goods or services or alter the performance obligations under a procurement contract or agreement.

As to form. Legal sufficiency and format of documents and agreements that are reviewed by an attorney prior to their execution.

Award. The selection of a bidder, proposer, or offeror prior to issuance of a purchase order or contract.

Best interest of the city. A term which grants the city manager or city manager's designee the discretion to take the most advantageous action on behalf of the city.

Best value. A procurement method that emphasizes value as much as, or more than, price. Best value may be based on, but not be limited to the following: the competitive solicitation evaluation criteria, subsequent discussions, presentations, demonstrations, negotiations, past performance, project management experience, prime contractor qualifications, sub-contractor qualifications, similar project's completed, adequacy of facilities or equipment, technology, location, sustainability, diversity, contract terms and conditions, project completion time, technical solutions, and pricing.

Bid. A formal written price offer by a vendor offering to furnish specific goods or services to the city in response to an invitation to bid.

Business. See Firm.

Chief procurement officer (CPO). The finance director, or their designee, and is the individual in charge of and responsible for centralized procurement for the city.

City manager. The person holding the title of city manager or the city manager's designee.

Competitive solicitation. Competitive procurement via any of the following procurement solicitation methods: invitation to bid, request for information, request for proposals, request for qualifications, invitation to negotiate, or any other methodology which may be used to competitively select vendors to perform the delivery of goods and services to the city.

Construction services. means all labor, services, and materials provided in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property.

Consultant. A firm providing professional services for the city.

Consultants' Competitive Negotiation Act (CCNA). F.S. § 287.055, pertaining to the acquisition of architects, engineers, land surveyors, landscape architects, and mapping services.

Contract. All types of agreements, including purchase orders, for procurement of supplies, services, and construction, regardless of what these agreements may be called.

Contractor. Any firm having a contract with the city. Also referred to as a "Vendor".

Contractual services. Any services provided to the city through contract, and includes, but shall not be limited to, security, maintenance and cleaning services; and the repair or maintenance of equipment and machinery or other city-owned personal property.

Cooperative procurement. The action taken when two (2) or more public entities combine their requirements to obtain advantages of volume purchases including administrative savings and other benefits; a variety of arrangements whereby two (2) or more public entities purchase from the same supplier or multiple suppliers using a single solicitation. Cooperative procurement efforts may result in contracts that other public entities may "piggyback".

Debarment. Permanent prohibition of a vendor or contractor engaging in future procurement actions with the city.

Design-build contract. A single contract with a design-build firm for the design and construction of a city construction project.

Designee. An authorized representative of a person holding a position of authority.

Emergency purchase. A purchase made due to an unexpected and urgent request where health and safety or the conservation of public resources is at risk.

Firm. Any corporation, partnership, individual, sole proprietorship, limited liability company, joint stock company, joint venture, governmental body or other legal entity.

Goods. Anything purchased other than services or real property.

Internal procedures of procurement. Those appropriately promulgated directives having general or particular applicability designed to implement or interpret this article, or describing organization, procedure, processes, or practice requirements as prescribed by the chief procurement officer. Such directives shall be included in the city's Procurement Manual.

Invitation to bid (ITB). The solicitation document used for soliciting competitive sealed bids for goods or services.

Invitation to negotiate (ITN). All solicitation documents, regardless of medium, whether attached to or incorporated by reference in solicitations for responses from firms that invite proposals from interested and qualified firms so the city may enter into negotiations with the firm(s) determined most capable of providing the required goods or services.

Job order contracting (JOC). A competitively bid contract between the city and a construction contractor. The contract may include parameters such as the types of work that can be done, location of work, design criteria, and maximum amount of work to be awarded. The contract may include a unit-price book that establishes a unit price to be paid for a multitude of construction line items. The contract's price may be set in terms of a coefficient, which is a multiplier that covers the contractor's overhead and profit as well as any adjustments between the unit-price book and actual market prices.

Legally sufficient. The designation that a contract or document on its face is legal, valid and binding.

Mandatory commission approval amount. The minimum procurement award or rejection amount at which city commission approval is required shall be equal to or greater than one hundred thousand dollars ($100,000.00) total expenditure or, in the case of a term contract, equal to or greater than one hundred thousand dollars ($100,000.00) per term, excluding price adjustments. Purchases for items delineated per section 2-176(e) of this section shall be exempt from the mandatory commission approval amount and shall be acquired at reasonable prices from qualified sources. Purchases not exceeding the mandatory commission approval amount may be made in accordance with the Procurement Manual.

May, should, and can. Means the permissive.

Piggyback. A form of intergovernmental purchasing in which the city will be extended the pricing, terms, or conditions of a competitively solicited contract entered into by another public entity; also referred to as accessing another public entity's contract.

Procurement. All functions pertaining to buying, purchasing, renting, leasing, contracting for, or otherwise acquiring any goods, supplies, services, professional services, capital improvement and construction projects, including description of requirements, solicitation and selection of sources, negotiations, preparation, award and execution of contracts and orders. Procurement may also include the combined functions of purchasing, inventory control, transportation, receiving, inspection, storekeeping, salvage and disposal operations.

Procurement Manual. The administrative regulations which implement this article and the internal procedures of procurement services and describes rules, regulations, policies and procedures to be followed by procurement services and the departments it serves.

Professional services. Services, the value of which is substantially measured by the professional competence of the person performing them, and which are not susceptible to realistic competition by cost of services alone, rendered by members of a recognized profession or possessing a special skill. Such services are generally acquired to obtain information, advice, training, or direct assistance. Professional services shall include, but not be limited to, services customarily rendered by architects, engineers, surveyors, certified public accountants, financial experts, attorneys, planners, lobbyists, and consultants.

Proprietary item or service. Any item or service essential to the day-to-day operation of the city government and when time is of the essence. Proprietary item or service also means any other item or service which, in the judgment of the city manager or city manager's designee, is not readily available from more than one (1) supplier, manufacturer or person. Proprietary may, when so determined by the city manager, be applied to any other material and services that are in their nature unique and/or not readily subject to competition or whereby specifications cannot clearly be drawn or when time is of the essence.

Proposal. The response to a competitive solicitation that addresses a proposer's experience, qualifications, approach and other factors that may be required by the city in the solicitation documents.

Public entity. A county or municipal government, school board, school district, authority, special taxing district, other political subdivision, or any office, board, bureau, commission, department, branch, division, or institution thereof.

Purchase order (PO). A document, including electronic document, by which the city acquires goods and services at a stated price, specifying all the terms and conditions of a proposed transaction, such as a description of the requested items, delivery schedule, terms of payment, and transportation.

Request for information (RFI). A non-binding method whereby the city publishes its need for input from interested parties for an upcoming solicitation. A procurement practice used to obtain comments, feedback or reactions from potential suppliers (contractors) prior to the issuing of a solicitation. Generally price or cost is not required. Feedback may include best practices, industry standards, technology options, preferred timeframes, innovative approaches, or other related criteria.

Request for proposals (RFP). A solicitation method used for soliciting competitive sealed proposals to determine the best value among proposals for goods or services for which price may not be the prevailing factor in award of the contract, or the scope of work, specifications or contract terms and conditions may be difficult to define. Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal using identified and generally weighted evaluation criteria. RFPs may include price criteria whenever feasible, at the discretion of the city.

Request for qualifications (RFQ). A solicitation method used for requesting statements of qualifications in order to determine the most qualified proposer for professional services.

Responsible vendor, bidder, offeror, or respondent. A firm who is fully capable of meeting all requirements of the solicitation and subsequent contract. The respondent must possess the full capability, including financial and technical, ability, business judgment, experience, qualifications, facilities, equipment, integrity, capability, and reliability, in all respects to perform fully the contract requirements and assure good faith performance as determined by the city.

Responsive vendor, bidder, offeror, or respondent. A firm who has submitted a bid, offer, quote, or response which conforms in all material respects to the competitive solicitation document and all of its requirements.

Services. The furnishing of labor, time, skill, expertise, or effort by a consultant or a contractor rather than providing specific goods and commodities. Such services may include, but not be limited to: general consultations, construction, operation, repairs, maintenance, studies, reports, and technical and social services. This term shall not include employment agreements or collective bargaining agreements for purposes of this article.

Shall, must, and will. Means the imperative.

Sole source. An item that is the only one (1) that will produce the desired results, or fulfill the specific need, and the item is available from only one (1) source of supply.

Specifications. A precise description of the physical or functional characteristics of a good, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply or service for delivery. It may also include a reference to a specific name brand name, model, or equal.

Supplies. All tangible items purchased or consumed by the city.

Suspension. The temporary prohibition of a vendor or contractor from doing business with the city for a period not to exceed two (2) years.

Unauthorized purchase. Any item(s) or service(s) that is purchased in a manner that is inconsistent with this article or the Procurement Manual, including any item or service that is:

(a)

Purchased without sufficient funds as determined by finance, or

(b)

Splitting orders of the same or like materials/requirements into two (2) or more individual purchases with the intention of circumventing the competitive solicitation requirements.

Vendor or supplier. A supplier of goods or services.

( Ord. No. C-17-26 , § 4, 9-6-17; C-17-41 , § 1, 11-7-17)