§ 2-25. Exemptions to quotes and formal solicitations.

(a)

Small purchases. Non-recurring purchases of goods or services under $3,000.00.

(b)

Emergency purchase. An emergency exemption occurs when i) certain conditions might adversely affect the life, health, safety and welfare of City employees or citizens of the City, ii) when City property or equipment are endangered, iii) when it is necessary to maintain or restore vital services, or iv) situations arise which may cause major financial impact to the City should immediate action not be taken. In the case of an emergency, the City Manager, or designee may authorize certain imminent needs purchases. Those delegated the authority to implement emergency purchases are authorized to waive the bid process within their authority. A report listing all emergency purchases and the circumstances of the emergency shall be submitted to the City Council at the next Council meeting after the purchase and the termination of the emergency. It shall be the responsibility of all authorized personnel implementing this exemption to ensure such emergency purchase is accomplished in accordance with City policy and that emergency purchase procedures are invoked properly and not used solely to circumvent the regular established purchasing procedures.

(c)

Piggybacking. Piggybacking is a procedure of procuring goods or services without the formal solicitation process by means of utilizing another public entities' award of an invitation for bid or request for proposal. This procedure includes but is not limited to piggybacks of State contracts with the State of Florida, Department of Management Services, and Division of Purchasing, SNAPS Contracts, and Federal GSA contracts.

(1)

The City may forego the formal solicitation process by piggybacking. The award will be in accordance with all the terms and conditions, prices, time frames, and other criteria as included in the other public entities' invitation for bid or request for proposal. Additional options may be included in a procurement unless the total dollar value of the options is in excess of the City's bid limit. Expired bids cannot be piggybacked.

(2)

The City Manager, Department Head, or designee may make purchases/awards, utilizing other public entity bids, provided the contract being piggybacked is approved by City Council, if applicable, the amounts are within the City Council approved budget and the purchase is made in the best interests of the City. For amounts within the City Manager approval authority, the City Manager must approve the piggyback or contract after review by Central Services Division Staff. For amounts within the Department Head's approval authority, the Department Head must approve the piggyback or contract after review by Central Services Division Staff.

(d)

Sole source. Sole source purchasing is when there is only one person or company that can provide the goods and/or services needed because of the specialized or unique characteristics of the goods and/or services.

(1)

The following criteria must be met in order to procure goods and services that are a sole source.

a.

It is the only item that will produce the desired results (or fulfill the specific need) and,

b.

The item is available from only one source of supply, or

c.

The item is available from more than one vendor, but due to other circumstances (such as exclusive sales territory by manufacturer, prohibitive delivery time and cost, etc.), only one vendor is suited to provide the goods or services.

(2)

Any purchase of goods and/or services with an estimated value greater than or equal to $30,000.00 that is intended to be purchased from a sole source, must be electronically posted for seven business days, in accordance with F.S. § 287.057(3). The notice must include a request that potential vendors provide information regarding their ability to supply the goods and/or services described.

(3)

Purchases of good and/or services from a sole source are exempt from competitive requirements upon written approval of the City Manager, or designee and other appropriate City personnel within their expenditure authority as set forth in this section.

(4)

The request for sole source purchases shall set forth the purpose and need, an explanation why the item will exclusively produce the desired results (or fulfill the specific need) and the criteria. Compatibility to existing equipment shall be an acceptable justification for this exemption, provided the item is only available from a sole source of supply.

(5)

The user department and/or the buyer shall attempt to locate competition (alternate sources of supply).

(6)

Central Services Division shall keep a log of sole source purchases, which includes the vendor name, the amount, item description, justification, and the purchase order number, which shall be filed with the City Manager and reported quarterly to the City Council.

(7)

Central Services Division shall conduct negotiations, as appropriate, as to price, delivery, and terms.

(e)

Special circumstances. Under circumstances where, after competitive bidding, no bids meeting bid requirements are received or all bids are rejected for failure to meet bid requirements.

(f)

Additional exemptions. The purchase of the following goods and services is exempt from quotes and formal solicitations:

(1)

Water, sewer, gas, electrical and other utility services; telecommunication services including, but not limited to, cable television, telephone lines, internet connectivity, data and voice circuits, voice over internet protocol ("VOIP"), cellular/wireless phones, wide area network ("WAN") connectivity, pagers, and wireless adapters for cellular data ("air cards").

(2)

Postage.

(3)

Advertisements.

(4)

Membership fees.

(5)

Subscriptions.

(6)

Any items covered under the City's travel policy.

(7)

Software/technology maintenance and support renewal fees for existing software or technology licenses.

(8)

Goods and/or services provided by governmental entities.

( Ord. No. 2017-8 , § 2, 6-20-17)