§ 2-401. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:

Agency. Any of the various departments, divisions, boards, or commissions of the city when procuring commodities or services on behalf of the city and in payment of which public funds will be obligated or expended. The term "agency" does not extend to a nongovernmental developer that contributes public facilities to a political subdivision.

Agency official. Any elected or appointed officeholder, employee, consultant or any other person receiving compensation from the city.

Commodity. Any of the various supplies, materials, goods, merchandise, equipment, and other tangible personal property purchased, leased, or otherwise contracted for by city agencies. The term "commodity" includes computer hardware and software; the term also includes interest on deferred-payment commodity contracts entered into for the purchase of other commodities. While not a commodity, the procedures for the purchase of insurance shall be the same as those set forth herein for the purchase of commodities.

Competitive sealed bids or competitive sealed proposals. The receipt of two (2) or more sealed bids or proposals submitted by responsive and qualified bidders or offerors.

Contractor. A person who contracts to sell commodities or contractual services to an agency.

Contractual service. The rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term "contractual service" does not include contracts for professional services entered into pursuant to division 3 of this article and rules adopted thereunder.

Convicted vendor list. The list maintained by the state department of management services indicating the names and addresses of persons who have been disqualified from the public contracting and purchasing process as a result of a finding of guilt or a conviction of a public entity crime.

Exceptional purchase. Any purchase of commodities or contractual services excepted by law or by rule from the requirements for competitive solicitation or acquisition, including, but not limited to, purchases from a single source, purchases due to emergency circumstances and purchases upon receipt of less than two (2) responsive bids or proposals.

Extension. An increase in the time allowed for the contract period due to circumstances which, without fault of either party, make performance impracticable or impossible or which prevent a new contract from being executed.

F.S. A reference to Florida Statutes.

Informal bidding. Verbal or nonsealed, written price quotations obtained in relation to the procurement of commodities or services.

Informal competitive selection. A process used under exceptional circumstances when the scope or specificity of a project in combination with conditions in the construction market make it difficult or impossible to obtain a fair and reasonable price for a construction project through the competitive sealed bidding process. As part of this process, contractors will be individually invited to examine the project site with city staff, provide input and options for accomplishing the project goals in the most cost-effective manner through value- engineering, choice of materials, etc., and submit informal proposals with price quotes for the work to be done.

Invitation to bid. A written solicitation for competitive sealed bids with the title, date and hour of the public bid opening designated and specifically defining the commodity, group of commodities or services for which bids are sought. It includes instructions prescribing all conditions for bidding and shall be distributed to all prospective bidders simultaneously. The "invitation to bid" is used when the agency is capable of specifically defining the scope of work for which a contractual service is required or when the agency is capable of establishing precise specifications defining the actual commodity or group of commodities required.

Local vendor. Any person who, or place of business which, provides or proposes to provide a commodity or contractual service when such person or business has a principal place of business located within the city or a principal place of business located outside the city limits and having a Lake Wales mailing address provided such mailing address is not a post office box. The utilization of a post office box for mail delivery shall not disqualify a local vendor, so long as the vendor can demonstrate that the physical address of the vendor's principal place of business is located at a Lake Wales mailing address if the vendor allowed mail delivery at its physical address.

Minority business enterprise. Any independently owned and operated business concern that employs five (5) or fewer permanent full-time employees and that has a net worth of not more than one million dollars ($1,000,000.00) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least fifty-one (51) percent owned by minority persons and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession.

Person. Any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an entity.

Public entity. The State of Florida, any of its departments or agencies, or any political subdivision.

Public entity crime. A violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods and services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

Qualified bidder, responsible bidder, qualified offeror or responsible offeror. An individual or business enterprise having the capability in all respects to perform fully the contract requirements and having the integrity and reliability which will assure good faith performance.

Renewal. Contracting with the same contractor for an additional contract period after the initial contract period, only if pursuant to contract terms specifically providing for such renewal.

Request for proposals. A written solicitation for competitive sealed proposals with the title, date and hour of the public opening designated, The request for proposals is used when the agency is incapable of specifically defining the scope of work for which the commodity, group of commodities or contractual service is required and when the agency is requesting that a qualified offeror propose a commodity, group of commodities or contractual service to meet the specifications of the solicitation document. A "request for proposals" includes, but is not limited to, general information, applicable laws and rules, functional or general specifications, statement of work, proposal instructions and the relative importance of price and any other evaluation criteria.

Responsive bid or responsive proposal. A bid or proposal submitted by a responsive and qualified bidder or offeror which conforms in all material respects to the invitation to bid or request for proposals.

Responsive bidder or responsive offeror. A party submitting a bid or proposal which conforms in all material respects to the invitation to bid or request for proposals.

Term contract. An indefinite quantity contract wherein a party agrees to furnish commodities or contractual services during a prescribed period of time, the expiration of which concludes the contract.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2000-16, § 1, 9-19-00; Ord. No. 2009-27, § 1, 11-3-09; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)