§ 2-176. Application and exclusions.

(a)

Unauthorized purchases. No officer of the city shall, except in cases of emergency as specified herein, issue any oral or written purchase order, contract, or conduct open market purchases in any manner unless specifically authorized by this article.

The city shall not be bound by purchases made without proper authorization or in any unauthorized manner.

Except as provided in this division, it shall be unlawful for any city officer or employee under the supervision of the city manager to order the purchase of any materials or supplies or make any contract for municipal materials or supplies or services within the purview of this division other than through the central purchasing organization, and the city shall not be bound by any purchase order or contract made contrary to the provisions of this division.

(b)

Requisition-purchase authorization. Except in cases of emergency, no request and process of any requisition-purchase authorization (RPA) for any order shall be made if there are insufficient unencumbered funds in the appropriate account to be charged, and the city's shall not pay any RPA when there are insufficient unencumbered appropriation balances, in excess of all unpaid obligations.

(c)

Prohibition against subdivision. No contract or purchase shall be subdivided to avoid the requirements of this article and the Procurement Manual.

(d)

Competitive solicitation and selection. The competitive selection process provisions of this article shall apply to every purchase by the city commission and the departments that are under the control of the city commission, irrespective of their fund source, including state and federal assistance monies and grants, except as otherwise specified in this article, or by federal, state or local laws or grant terms and conditions.

(e)

Exclusions. The competitive solicitation and selection processes stipulated in this article shall not apply to the following:

(1)

Emergency procurements as defined herein.

(2)

Sole source and proprietary procurements as defined herein.

(3)

Contracts with, and purchases from, other public entities, i.e.: public state colleges, public state universities, federal government agencies, state governments, county governments, city governments, government school boards, county sheriff's offices, and other government entities.

(4)

Utilities, including water, wastewater, sewer, gas, electric, or other utilities as defined by law.

(5)

Cable and satellite television services.

(6)

Magazine subscriptions, periodicals, and publications.

(7)

Membership dues for trade or professional organizations.

(8)

Travel and training expenses for employees.

(9)

Items purchased for resale.

(10)

Advertising: radio, newspapers, magazines, professional organizations, trade shows, television, and any other related media.

(11)

Shipping services, including postage, overnight delivery, and courier services.

(12)

Copyrighted materials or patented works, including books, maps, periodicals, testing or instructional materials.

(13)

Governmental fees.

(14)

Regulatory or government licenses and permits.

(15)

Real estate, including:

a.

Real property (land or buildings) purchase, lease or rental.

b.

Closing/processing fees.

c.

Abstracts of titles.

d.

Title insurance.

(16)

Durable medical equipment (DME).

(17)

Professional services, including:

a.

Court reporter services.

b.

Medical services, including wellness activities and pharmacy services.

c.

Veterinarian services.

d.

Legal services.

e.

Expert witnesses.

f.

Entertainers.

g.

Teaching, training and specialized services.

h.

Recreational program instructors.

i.

Professional services when use by the city in the settlement and administration of workers' compensation and liability claims, such as:

1.

Private investigators and workplace investigators.

2.

Claim adjusting services.

(18)

On-going maintenance and support of existing software/hardware, equipment, machinery, vehicles, and other city-owned items.

(19)

Purchases of goods or services for which the provisions of this article are waived by the city commission by resolution.

(20)

Direct material purchases. Purchases of materials, equipment, prefabricated elements and components, appliances, fixtures, and other goods, pursuant to a program contained in a construction contract that has been awarded in accordance with any provision of this article, whereby the city makes such purchases directly.

(21)

Services provided by, or in partnership with, institutions of higher learning, not-for-profit organizations, state sponsored institutions, and other governmental and public agencies.

(22)

Purchases from contracts established by local, state, or national cooperative procurement organizations, Federal General Services Administration, and the State of Florida contracts.

(23)

Insurance and insurance-related services including, but not limited to insurance consulting, self-funding, and claims administration.

(24)

Works of art for public places.

(25)

Purchase for services and facilities at hotels, motels, restaurants and similar facilities for city sponsored events.

(26)

Products purchased from the blind, and other severely impaired persons (RESPECT) in accordance with F.S. §§ 413.032, 413.033 and 413.036.

(27)

Products purchased from the Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE), in accordance with F.S. § 946.515.

(28)

Goods and/or services accepted by the city via grant, gift, or bequest.

(29)

Publications from publishers or exclusive distributors of such publications.

(30)

Media such as movies, slides, videos, and similar forms of media.

( Ord. No. C-17-26 , § 4, 9-6-17)