§ 66-93. Types of contracts and contractual relationships.

(a)

The term "contract," as used in this chapter, means any type of legally enforceable written agreement regardless of its name, for the procure-ment of goods, services, or construction. It includes contracts for a fixed price, cost, cost plus a fixed fee; contracts which provide for performance-based incentives; contracts providing for the issuance of job, work, or task orders, or work authorizations; continuing contracts; letter agreements; memoranda of understanding; change orders; master agreements; and purchase orders.

(b)

The term "contract amendment," as used in this chapter, means any written modification to a contract that alters any term or provision.

(c)

The term "change order" as used in this chapter means a written order to the contractor signed by the city and architect/engineer (if applicable) issued after the execution of a construction contract authorizing a change in the work or an adjustment in the contract sum or the contract time.

(d)

The term "purchase order," as used in this chapter, means a city-created form for the procurement of goods and certain services. When accepted by the vendor, a purchase order constitutes a contract between the vendor and the city.

(e)

The term "master agreement," as used in this chapter, means a contract which allows for procurement of an indefinite quantity of goods and services at fixed prices or rates or a discounted list price during the term of such contract without the requirement of further competitive bidding.

(f)

The term "continuing contract" means a contract for professional services of a specified nature or construction work for a defined contract term on projects described by type which may not be specifically identified at the time of contracting.

(g)

The use of a cost plus a percentage of cost contract is prohibited. A cost reimbursement contract may be used only when a written determination is made by the procurement official that such contract is in the best interest of the city and all other authority to procure is established.

(h)

Contracts for professional services such as architects, engineers, and mappers shall contain a provision that such professional will comply with F.S. §§ 287.055(6)(a, b, c and d), relating to prohibited fees, commissions, percentages, or gifts.

(i)

Contracts for procurement of goods or services shall be limited to a term of three years with the right to extend the term for up to two additional years. This term limitation shall not apply to lease agreements. A construction contract for a specific project, as well as any professional service contract relating to such construction, shall contain the term required to complete the project. The city commission may authorize a longer term if deemed in the city's best interest.

(Ord. No. 4292-10, § 2, 12-13-2010)