Division 1. General Matters  


§ 2-400. Legislative intent.
Latest version.

(a) The city commission recognizes that fair and open competition is a basic tenet of public procurement; that such competition reduces the appearance and opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically; and that documentation and monitoring of the procurement process are important means of curbing any improprieties and establishing public confidence in the process by which property and services are procured.

(b) The city commission recognizes it is essential to the effective and ethical procurement of property and services that there be a system of uniform procedures to be utilized by a city agency or agencies in procuring property and services; that detailed documentation of procurement decisions be maintained; and that adherence by the city and the contractor to specific ethical considerations be required.

(c) The city commission recognizes it is essential that city procurement procedures comply with state statutes where required; and that city procurement procedures be consistent with the intent of state statutes where strict compliance is not required.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)

§ 2-401. Definitions.
Latest version.

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)

§ 2-402. Purchasing categories and threshold amounts.
Latest version.

(a) The city hereby adopts the purchasing categories established by F.S. § 287.017, which as of October 1, 2013 are:

Category One: Twenty thousand dollars ($20,000.00).

Category Two: Thirty-five thousand dollars ($35,000.00).

Category Three: Sixty-five thousand dollars ($65,000.00).

Category Four: One hundred ninety-five thousand dollars ($195,000.00).

Category Five: Three hundred twenty-five thousand dollars ($325,000.00).

(b) Any future revisions to F.S. § 287.017 shall apply to the city's purchasing categories and/or threshold amounts.

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

§ 2-403. Procurement under the provisions of the state and U.S. General Services Administration (GSA) purchasing contracts.
Latest version.

(a) Pursuant to F.S. ch. 287, the state division of purchasing of the department of management services plans and coordinates purchases in volume and negotiates and executes purchasing agreements and contracts for commodities and contractual services under which municipalities may make purchases.

(b) The U.S. General Services Administration plans and coordinates purchases in volume, and, negotiates and executes purchasing agreements and contracts for commodities and contractual services under which municipalities may make purchases.

(c) Purchases by city agencies under the provisions of the state or GSA purchasing contracts are exempt from the competitive sealed bid requirements otherwise applying to purchases.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)

§ 2-404. Procurement under contracts bid by other agencies.
Latest version.

(a) In order to procure commodities and contractual services at the most economically advantageous cost to the public, it is sometimes desirable to "piggy back" or consolidate the purchasing power of the city with that of other agencies in the state.

(b) Purchases by city agencies under contracts competitively bid by any county, municipality, school board, school district or other agency or entity constituted for governmental purposes in the state are exempt from the competitive sealed bid requirements otherwise applying to purchases. Documentation of such competitive bidding by other agencies or entities shall be included in the official records of the city.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)

§ 2-405. Acquisition of tangible personal property.
Latest version.

Whenever acquiring tangible personal property of a nonconsumable nature, the city may pay the purchase price in full or may exchange city-owned property with the seller as a trade-in and apply the exchange allowance to the cost of the new property acquired.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)

§ 2-406. Contract document.
Latest version.

(a) No agreement or contract shall be executed which binds the city for the purchase of services or commodities for a period in excess of one (1) fiscal year, unless the following statement is included in the contract: "The performance of the City of Lake Wales and its obligation to pay under this contract is contingent upon annual appropriation by the city commission of Lake Wales."

(b) In accordance with the requirements of F.S. § 287.058, every procurement of services in excess of the threshold amount for Category Two (thirty-five thousand dollars ($35,000.00)) shall be evidenced by a written agreement embodying all provisions and conditions of the procurement of such services, which provisions and conditions shall, where applicable, include, but shall not be limited to:

(1) A provision that bills for fees or other compensation for services or expenses be submitted in detail sufficient for a proper preaudit and postaudit thereof.

(2) A provision that bills for any travel expenses be submitted in accordance with F.S. § 112.061, and that reimbursements for said expenses not exceed the limits specified in F.S. § 112.061.

(3) A provision allowing unilateral cancellation by the agency for refusal by the contractor to allow public access to all documents, papers, letters or other materials subject to the provisions of F.S. ch. 119, and made or received by the contractor in conjunction with contract.

(4) A provision dividing the contract into units of deliverables, which shall include, but not be limited to, reports, findings and drafts that must be received and accepted in writing by the contract manager prior to payment.

(5) A provision specifying the criteria and the final date by which such criteria must be met for completion of the contract.

(6) If the contract is subject to renewal, a provision specifying that the contract may be renewed on a yearly basis for a period of up to two (2) years after the initial contract or for a period no longer than the term of the original contract, whichever is longer, specifying the terms under which the cost may change as determined in the invitation to bid or request for proposals, and specifying that renewals shall be contingent upon satisfactory performance evaluations by the city and subject to the availability of funds.

(c) The written agreement shall be signed by the city manager and the contractor prior to the rendering of any service the value of which is in excess of the threshold amount for Category Two (thirty-five thousand dollars ($35,000.00)) except in the case of a valid emergency as certified by the city manager.

(d) Every procurement of services which does not exceed the threshold amount for Category Two (thirty-five thousand dollars ($35,000.00)) shall be evidenced by documentation in accordance with the requirements of section 2-417(c).

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

§ 2-407. Public entity crime.
Latest version.

(a) As used in this section, "affiliate" means:

(1) A predecessor or successor of a person convicted of a public entity crime; or

(2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime including, but not limited to, those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate.

(b) In accordance with F.S. § 287.133, the city shall not accept any bid from, award any contract to, or transact any business in excess of the threshold amount for Category Two (thirty-five thousand dollars ($35,000.00)) with any person or affiliate on the convicted vendor list for a period of thirty-six (36) months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to F.S. § 287.133(3)(f).

(c) Prior to entering into a contract with the city for the provision of goods or services, the lease of real property, or the construction or repair of a public building or public work in excess of the threshold amount for Category Two (thirty-five thousand dollars ($35,000.00)), a person shall file a sworn statement with the city disclosing whether or not the person or an affiliate of that person has been convicted of a public entity crime. Such statement shall be filed for the calendar year and shall be filed on a form provided by the city.

(d) Agencies shall confirm that a person or affiliate is not on the convicted vendor's list prior to the award of any contract or transaction of any business in excess of the threshold amount for Category Two (thirty-five thousand dollars ($35,000.00)). The convicted vendor list is published quarterly in the Florida Administrative Weekly by the state department of management services.

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

§§ 2-408--2-415. Reserved.