Jacksonville Ordinance Code § 126.101 Short title.
Sec. 126.101. - Short title.
This Chapter shall be known as the Jacksonville Procurement Code (the "Jax P-Code" or "Chapter").
(Ord. 2023-20-E, § 3)
GENERAL REGULATIONS
Jacksonville Ordinance Code tit. V, ch. 126, pt. 1, subpt. A
in effectJacksonville Ordinance Code § 126.102 Interpretation; Guiding Principles.
Sec. 126.102. - Interpretation; Guiding Principles.
This Jax P-Code shall be construed and applied to promote the following guiding principles. The guiding principles of this Jax P-Code are to:
(a) Simplify, clarify, and modernize the local laws governing the City's procurement process;
(b) Permit the continued improvement and development of the City's procurement process' policies and practices;
(c) Provide for increased public confidence in the City's procurement process' policies and practices;
(d) Ensure the fair treatment of all persons who participate in the City's procurement process;
(e) Provide increased economy and efficiency in the City's procurement process;
(f) Maximize to the fullest extent practicable the City's purchasing value in the City's procurement process;
(g) Foster effective open competition to the fullest extent practicable in the City's procurement process while also meeting the City's procurement needs;
(h) Adapt the City's procurement policies and practices to the City's Enterprise Resource Planning (ERP) system; and
(i) Provide safeguards for the maintenance of quality and integrity in the City's procurement process.
(Ord. 2023-20-E, § 3)
Jacksonville Ordinance Code § 126.103 Applicability to City agencies.
Sec. 126.103. - Applicability to City agencies.
Except as otherwise provided herein, this Jax P-Code shall apply to all City procurements and independent agency procurements in accordance with Section 126.104. Nothing in this Jax P-Code or the Procurement Operating Manual shall prevent any using agency from complying with the terms and conditions of any grant, gift, or bequest where otherwise authorized by law.
(Ord. 2023-20-E, § 3)
Jacksonville Ordinance Code § 126.104 Applicability to independent agencies.
Sec. 126.104. - Applicability to independent agencies.
This Chapter is applicable to independent agencies that are required by ordinance or Charter to procure services through the Division. Independent agencies that are not required to procure services through the Division may voluntarily procure services pursuant to this Chapter.
(Ord. 2023-20-E, § 3)
Jacksonville Ordinance Code § 126.105 Definitions.
Sec. 126.105. - Definitions.
The following terms or phrases, wherever used or referred to in this Chapter, shall have the following respective meanings for the purposes of this Chapter, unless different meanings are clearly indicated by the context. Capitalized terms used in this Chapter, but not defined herein, shall have the meanings ascribed to them in the Procurement Operating Manual. When not inconsistent with the context, words used in the present tense shall include the future, and words in the plural shall include the singular and words in the singular shall include the plural.
Bid means the document(s) received by the City pursuant to a competitive solicitation issued under this Chapter. The term includes (i) price quotes received pursuant to an invitation to bid, (ii) proposals received pursuant to a request for proposals, (iii) statements of qualifications received pursuant to a request for qualifications, (iv) replies received pursuant to an invitation to negotiate.
Bidder means those persons who submit a bid, proposal, response, or reply to a competitive solicitation issued under this Chapter.
Capital improvement means (i) any permanent addition, construction, or fixture to publicly owned real property or structures or (ii) a "capital improvement project" as defined in Chapter 122, Part 6 of the Code, as amended.
Chief means the Chief of Procurement as established in Chapter 24 of the Code or any successor chief position.
Competitive solicitation means the process of requesting and receiving sealed bids for formal purchases in accordance with the terms of an invitation to bid, a request for proposals, a request for qualifications, invitation to negotiate or other competitive procurement process hereunder.
Contractual services mean the rental, repair and maintenance of equipment and personal property required by using agencies but not furnished by their own employees, and utilities and other services of all types, including types not enumerated herein. This term shall not include professional services, professional design services, or capital improvements as defined herein.
City Ethics Office means the Office of Ethics, Compliance and Oversight established in Chapter 602 of the Code.
Department means the Finance Department, or any successor department or City unit.
Director means the Director of the Finance Department or any successor director position.
Division means the Division of Procurement, or any successor division or City unit.
Emergency means an immediate danger to the public health, safety, or welfare, an immediate danger of loss of public or private property, a reasonably unforeseen breakdown in machinery, a reasonably unforeseen threatened curtailment, diminution, or termination of an essential governmental service, the reasonably unforeseen development of a dangerous condition or the development of a reasonably unforeseen circumstance that threatens the curtailment or diminution of an essential governmental service or of deposits and investments of City capital or other threatened losses to the City that, in the opinion of the Chief, require emergency action.
Formal purchase means the definition ascribed to this term in this Chapter.
Local bidder means a bidder who maintains a permanent place of business in the City and is a separate and distinct term from that used in Part 6 herein, which contains differing requirements. If, with respect to a purchase or contract, there shall be no local bidder within the City, the term local bidder shall include a bidder whose principal office is in and whose principal business is conducted in the State of Florida.
Procurement means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including the description of requirements, selection and solicitation of sources, preparation and award of contract and contract administration.
Procurement Operating Manual means the manual containing the rules, regulations, and procedures promulgated in accordance with this Chapter.
Professional design services mean those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice.
Professional services mean services other than those defined herein as "professional design services," the value of which is substantially measured by the professional competence of the person or entity performing them and which are not susceptible to realistic competition by cost of services alone. Professional services will generally include, without limitation, services customarily rendered by medical practitioners or professionals, certified public accountants, audit services, attorneys, financial, political, personnel, technological, systems, planning and management consultants, and insurance brokers for purposes of consulting, structuring coverage and procuring insurance.
Responsive bidder or proposer or respondent means a bidder or proposer or respondent who has submitted a bid or proposal or reply that conforms, in all material respects, to an invitation for bids, request for proposals, an invitation to negotiate or any other procurement method authorized pursuant to this Chapter.
Supplies means commodities, goods, materials, equipment and other tangible articles or things which shall be furnished to or used by a using agency, including commercial printing, binding or publication of stationery, forms, journals, and reports.
Supplier or Contractor means a person or entity contracting with the City or a using agency to provide services pursuant to this Chapter.
Using agency means a (i) City department, division, office, board, agency, commission, or other governmental unit of the City; or (ii) an independent agency required or voluntarily requesting to use the services of the Division.
(Ord. 2023-20-E, § 3)
Jacksonville Ordinance Code § 126.106 Execution of contracts.
Sec. 126.106. - Execution of contracts.
(a) Execution of form approved contracts. Contracts form approved by the Office of General Counsel and executed by the contractor and the City pursuant to this Chapter on behalf of the executive branch shall be executed by the Mayor, or his designee, and the Corporation Secretary. The Corporation Secretary shall maintain copies of executed contracts for the executive branch. Contracts form approved by the Office of General Counsel and executed by the contractor and the City pursuant to this Chapter on behalf of the internal operations of the office of the legislative branch shall be executed by the City Council President or, if authorized by the City Council President, the Vice President, and the City Council Secretary. The City Council Secretary shall maintain copies of executed contracts for the legislative branch.
(b) Execution of purchase order contracts. Purchase orders, except those for capital improvements, shall be approved and executed by the Chief after approval by the Director as to the availability of funds. The terms and conditions contained in purchase orders shall be binding upon contractors doing business with the City or using agency.
(c) Electronic execution. Unless otherwise prohibited by law or the Code, contracts and purchase orders executed in accordance with this Chapter may be transmitted and executed in electronic form, which may include without limitation the use of electronic and digital programs, applications, or signatures (e.g., DocuSign, Adobe Acrobat, etc.).
(Ord. 2023-20-E, § 3)
Jacksonville Ordinance Code § 126.107 Access to supplier records; supplier compliance with applicable laws.
Sec. 126.107. - Access to supplier records; supplier compliance with applicable laws.
(a) City access to and examination of supplier records. Suppliers shall agree by contract and be deemed to have agreed by doing business with the City to allow access and examination at all reasonable times by the City Council Auditor, the Inspector General, the City Ethics Office or any duly authorized representative of the City Council Auditor, Inspector General or City Ethics Office to business records directly pertinent to the transaction until the expiration of three years after final payment pursuant to the transaction or contract. Regarding the City Council Auditor, all examinations shall be in accordance with Article 5 of the Charter and Chapters 13 and 102 of the Code. Regarding the Inspector General and the City Ethics Office, the Inspector General and the City Ethics Office may examine business records of persons or entities doing business with the City pursuant to Chapter 602 of the Code.
(b) Compliance with applicable laws. Suppliers shall agree by contract and be deemed to have agreed by doing business with the City to comply with all applicable federal, state, and local laws, rules, and regulations as the same exist or as may be amended from time to time, including, but not limited to the Public Records Law, F.S. Ch. 119.
(Ord. 2023-20-E, § 3)
Jacksonville Ordinance Code § 126.108 Exemptions from competitive solicitation.
Sec. 126.108. - Exemptions from competitive solicitation.
The following purchases, supplies, services, and agreements are exempt from competitive solicitation under this Chapter:
(a) Any exempt contractual services or commodities described under F.S. § 287.057, as applicable;
(b) Program or agency reviews if the fee for such review services does not exceed the formal threshold amount applicable to such services;
(c) Government Collaborative Agreements;
(d) Government Joint Projects;
(e) Active Government Procured Contracts (Piggyback);
(f) Short-Term No Costs Pilot Projects;
(g) Supplies or services to be provided by those specifically prescribed within authorizing legislation;
(h) Professional services performed by a nonprofit professional organization or the members thereof, when the membership includes a significant number of City employees engaged in the practice of the profession;
(i) Art reproduction services from local suppliers;
(j) Financial Instruments, Investments, and Services;
(k) Services related to Building Inspection Division work; and
(l) Any goods, supplies, services, including professional services, relating to cybersecurity matters, including those matters exempt from public records and open meetings pursuant to F.S. § 119.0725.
Unless otherwise provided herein, the exempt services listed above shall be subject to all other provisions and requirements of this Chapter. The Chief may promulgate non-competitive procedures pertaining to the procurement of exempt services listed above in the Procurement Operating Manual, subject to Jacksonville Procurement Awards Committee ("JPAC") and the Mayor's approval.
(Ord. 2023-20-E, § 3)
Jacksonville Ordinance Code § 126.109 Severability.
Sec. 126.109. - Severability.
If any provision of this Jax P-Code or any application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Jax P-Code which can be given effect without the invalid provision or application. Accordingly, the provisions of this Jax P-Code are declared to be severable.
(Ord. 2023-20-E, § 3)
Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH126PRCO_PT1GEREETTRPUCO_SPAGEREFetched: 10/27/2026