Agenda 04/26/2016 Item #17F 4/26/2016 17.F.
EXECUTIVE SUMMARY
Recommendation to amend Section Twelve of the Board's Purchasing Ordinance (Ordinance
No. 2013-69, as amended), to incorporate a procedure to accept unsolicited proposals (through
public private partnerships — "P3's") and approve a Resolution that establishes an application
fee required by private entities wishing to submit unsolicited proposals for qualifying public
projects.
OBJECTIVE: To incorporate by reference Florida Statutes, § 287.05712 into the Procurement
Ordinance providing for P3's and a procedure to accept unsolicited proposals.
CONSIDERATIONS: Florida Statutes, § 287.05712 allows for public agencies to consider P3's as a
delivery method on qualified public projects, including the consideration of unsolicited proposals from
private entities. This amendment seeks to create an opportunity to take advantage of receiving
unsolicited proposals offered by a private entity on qualifying public projects that might otherwise
have to wait to commence. At the Board's meeting on April 12, 2016 (Agenda Item 16 E8), it
authorized advertising the following amendment to Section 12 of the Procurement Ordinance
(Ordinance No. 2013-69, as amended):
SECTION TWELVE: COMPETITIVE PROPOSALS
C. Unsolicited Proposals
1. The Board incorporates by reference Florida Statutes, § 287.05712, as
may be amended from time to time, which addresses the procurement of services
for qualifying projects through public-private partnerships, including through an
offer of an unsolicited proposal.
2. (a) The Board shall by separate Resolution establish all Application Fees
referenced under Florida Statutes, § 287.05712 that a private entity must pay
concurrent with the submission of an unsolicited proposal. Payment shall be
made by cash, cashier's check, or some other non-cancellable instrument.
Personal checks shall not be accepted.
(b) To the extent that the cost to evaluate an unsolicited proposal is more
than the Initial Application Fee adopted by Resolution, the County may request
payment of any additional amount required to conduct its review as provided in
Florida Statute, § 287.05712.
Staff requests that the Board approves the amendment to Section Twelve of the Board's Purchasing
Ordinance (Ordinance No. 2013-69, as amended) to conform to Florida Statutes, § 287.05712 allowing
the Procurement Services Director to accept P3 proposals.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
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LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote:for Board approval.—SRT
RECOMMENDATION: That the Board amends and approves Section Twelve of the Board's
Purchasing Ordinance (Ordinance No. 2013-69, as amended), to conform to Florida Statutes, §
287.05712 allowing the Procurement Services Director to accept P3 proposals and approves the
attached Resolution which outlines the application fee required by statute to consider P3 proposals.
Prepared by: Joanne Markiewicz, Director, Procurements Services Director
Attachment:
1. Amended Ordinance No. 2013-69, as amended
2. Proposed Resolution
3. Legal Advertisements (2)
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4/26/2016 17.F.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.F.
Item Summary: Recommendation to amend Section Twelve of the Board's Purchasing
Ordinance (Ordinance No. 2013-69, as amended), to incorporate a procedure to accept
unsolicited proposals (through public private partnerships—"P3's") and approve a Resolution
that establishes an application fee required by private entities wishing to submit unsolicited
proposals for qualifying public projects.
Meeting Date: 4/26/2016
Prepared By
Name: MarkiewiczJoanne
Title:Division Director-Procurement Services,Procurement Services
3/29/2016 10:22:20 AM
_ Submitted by
Title: Division Director-Procurement Services,Procurement Services
Name: MarkiewiczJoanne
3/29/2016 10:22:21 AM
Approved By
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services,Procurement Services
Date: 3/31/2016 2:40:13 PM
Name: HerreraSandra
Title: Manager-Procurement,Procurement Services
Date: 4/1/2016 3:51:52 PM
Name: JohnsonScott
Title: Manager-Procurement,Procurement Services
Date: 4/5/2016 12:36:15 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
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4/26/2016 17.F.
Date: 4/7/2016 2:13:07 PM
Name: PriceLen
Title: Department Head-Administrative Svc,Administrative Services Department
Date: 4/13/2016 8:56:26 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date:4/13/2016 10:23:45 AM
Name: WellsLaura
Title:Management/Budget Analyst, Senior, Office of Management&Budget
Date:4/13/2016 1:42:22 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2016 1:38:10 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/15/2016 4:22:41 PM
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4/26/2016 17.F.
ORDINANCE NO.2016-
AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE
COLLIER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY
AMENDING SECTION TWELVE, "COMPETITIVE PROPOSALS," TO
INCORPORATE A PROCEDURE TO ACCEPT UNSOLICITED
PROPOSALS; PROVIDING FOR CONFLICT AND SEVERABILITY,
PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES,AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (the Board) desires to seek the
maximum value for the County by procuring the best value in obtaining commodities and
contractual services; and
WHEREAS, to better effectuate this desire, on December 10, 2013, the Board adopted
Ordinance No. 2013-69,known as the Collier County Purchasing Ordinance; and
WHEREAS, the Board subsequently amended Ordinance No. 2013-69 through its
adoption of Ordinance Nos. 2015-37 and 2015-51; and
WHEREAS, the Board seeks additional changes to the Purchasing Ordinance in order to
include a procedure to accept unsolicited proposals.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION TWELVE OF ORDINANCE NO.
2013-69,AS AMENDED.
Section Twelve of Ordinance No. 2013-69,as amended,is hereby amended as follows:
SECTION TWELVE: Competitive Proposals.
A. The Competitive Proposal process is a method of contract selection that may be utilized
by the Purchasing Director under circumstances where one or more of the following conditions
exist:
1. Where qualitative considerations are of equal or greater concern than pricing
considerations.
2. Where the conditions of the purchase do not lend themselves to the formal sealed
bid process or the award of a firm, fixed fee contract.
3. Where the County is incapable of specifically defining the scope of work for
which the commodity(s) or service(s) is required and where the vendor is asked to
propose a commodity(s) or service(s)to meet the needs of the County.
Words Underlined are added;Words . • - -• are deleted. 05)
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4. Where the County desires to enter into a single contract for the design and
construction of a public construction project(s).
B. For purchases in excess of the formal competitive threshold and where appropriate or
required by law, the competitive solicitation process will be utilized. The process will be
conducted in a manner similar to the sealed bid process as set forth under Section 10 except
where otherwise stated in this section. The competitive proposal process shall proceed as
follows:
1. A Request for Proposals (RFP) will be prepared and distributed. Notice of said
request(s) shall be publicly posted by the Purchasing Department at least 21
calendar days preceding the last day established for the receipt of proposal.
2. Each Request for Proposals shall identify the evaluation procedures and criteria to
be applied to the selection of the best proposal among the respondents. Each RFP
pertaining to the award of a design/build contract(s) shall be subject to the
requirements of F.S. § 287.055 and section thirteen below.
3. Prior to the announcement and distribution of the RFP, a selection committee
shall be appointed by the County Manager to evaluate the proposal received.
4. Proposals may be solicited and/or received in one or more steps as permitted by
law and deemed appropriate by the Purchasing Director. Unless otherwise
prohibited by law, the Purchasing Director shall have the discretion to solicit and
conduct simultaneous or concurrent negotiations with one or more firms.
C. Unsolicited Proposals
1. The Board incorporates by reference Florida Statutes, § 287.05712, as may be
amended from time to time, which addresses the procurement of services for
qualifying projects through public-private partnerships, including through an offer
of an unsolicited proposal.
2. (a) The Board shall by separate Resolution establish all Application Fees
referenced under Florida Statutes, § 287.05712 that a private entity must pay
concurrent with the submission of an unsolicited proposal. Payment shall be
made by cash, cashier's check, or some other non-cancellable instrument.
Personal checks shall not be accepted.
(b) To the extent that the cost to evaluate an unsolicited proposal costs more
than the Initial Application Fee adopted by Resolution, the County may request
payment of any additional amounts required to conduct its review as provided in
Florida Statute, $ 287.05712.
Words Underlined are added;Words Struck Statek--1:11Fettglt are deleted.
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SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this day of ,2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:.
, Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form and legality:
Scott Teach
Deputy County Attorney
Words Underlined are added;Words Set:=Fl gh are deleted.
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RESOLUTION NO.2016-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN INITIAL APPLICTION FEE FOR THE
SUBMISSION OF UNSOLICITED PUBLIC-PRIVATE PARTNERSHIP
PROPOSALS AS AUTHORIZED BY FLORIDA STATUTES SECTION
287.05712; DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS
DESIGNEE THE AUTHORITY TO ESTABLISH RELATED ADMINISTRATIVE
PROCEDURES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,the Board of County Commissioners (the Board) adopted Ordinance No. 2013-69,
as amended by Ordinance No. 2016- , to create a structure for the receipt of unsolicited
proposals for public-private partnerships;and
WHEREAS, Florida Statute § 287.05712(4)(a) provides the County"may establish a reasonable
application fee for the submission of an unsolicited proposal" and that the fee established "must be
sufficient to pay the costs of evaluating the proposal,"including the costs the County may incur should it
"engage the services of a private consultant to assist in the evaluation;"and
WHEREAS, Ordinance No. 2016- provides that the Board shall, by Resolution,
establish all application fees for unsolicited proposals arising under and authorized by Florida Statute §
287.05712,which includes the costs of private consultant services,the costs of processing,reviewing and
evaluating responses to solicited proposals, including but not limited to,reasonable attorney fees and fees
for financial and technical advisors or consultants and for other necessary advisors or consultants;and
WHEREAS, the County has examined the likely costs associated with reviewing unsolicited
public-private partnership proposals and has recommended a base fee with the potential of additional
assessments for significant added costs for review.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA:
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I. Persons or entities submitting unsolicited proposals for public-private partnerships under the
authority of Florida Statute § 287.05712 and Collier County Ordinance No. 2016-
shall include with the proposal submission a base application fee in the amount of.001 of the
proposed project cost but not less than the sum of$10,000.00.
2. The County Administrator or designee is authorized to require a supplemental fee if the
original fee exceeds the base application fee. The base application, is the actual, non-
speculative costs of evaluating a given unsolicited proposal or responses to solicited
proposals submitted as a result of the unsolicited proposal procurement process, including
but not limited to, the costs of processing, reviewing, and evaluating the same, reasonable
attorney fees, fees for financial and technical advisors or consultants and fees for other
necessary advisors or consulting services engaged by the County to assist in its evaluations.
However, no such supplemental fee shall exceed an additional $10,000 without further
authorization by the Board.
3. The County Administrator is authorized to develop administrative procedures and forms that
may be deemed necessary and useful to implement the provisions of this Resolution and
Ordinance No. 2016- . No such procedures shall be inconsistent with the terms of this
Resolution or Ordinance No. 2016-
4. The provisions of this Resolution are severable such that the invalidity of any one provision
shall not operate to invalidate any other provision.
5. This Resolution shall be effective upon adoption by the Board.
This Resolution adopted this day of 2016, after motion, second
and majority vote.
DATED: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
By:
Donna Fiala,Chairman
Approved as to form
A d l gality
i
Scott R.Teach
Deputy County Attorney
7 .,
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tea ide, Notice"
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereb
y given that on Tuesday, April 26, 2016 in the {
Boardroom,Third Floor,Administration Building,Collier County
Government Center,3299 East Tamiami Trail,Naples,Florida,the
Board of County Commissioners,will consider the enactment of
, a County Ordinance. The meeting will commence at 9:00;A.M.
The title of the proposed"Ordi nance is as follows -
AN ORDINANCE AMENDING ORDINANCE 2013-69,KNOWN
AS THE COLLIER.COUNTY=PURCHASING`ORDINANCE,''BY ?`
SPECIFICALLYAMENDING SECTION TWELVE;"COMPETITIVE
PROPOSALS,"TO INCORPORATE A PROCEDURE TO ACCEPT-
UNSOLICITED PROPOSALS;PROVIDING FOR CONFLICT AND
SEVERABILITY;PROVIDING FOR INCLUSION INTO THE CODE
OF .LAWS AND ORDINANCES, AND PROVIDING FOR AN
EFFECTIVE DATE:
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group"is encouraged.
If recognized by the Chairman,a spokesperson for.a.group or
organization may be allotted10 minutes to speak on an item..
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum ,
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum-of
seven days prior to the public.hearing. All material:used in
presentations before the Board will become a:permanent part_:
of the record
Any person who decides to appeal a decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need tb ensure that a verbatim record of the
proceedings is made,which record includes the testimony and
evidence upon which the appeal is based.
if you area person'withadisability who needsany accommodation
in order to participate inthis proceeding,you are entitled,at no
cost to you,to the provision:of certain assistance.Please contact
the Collier County Facilities Management.Department, located
at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112,(239)252-8380.Assisted listening devices for the
hearing impaired are available in the County Commissioners'
Office.
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA
DONNA FIALA,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
I (SEAL)
April 15,2016 No 1039873
•
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3. , k a °3y OF e.'
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, April 26, 2016, in the
Boardroom,Third Floor,Administration Building, Collier County
Government Center,3299 East Tamiami Trail,Naples,Florida,the
Board of County Commissioners,will consider the enactment of
a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
•
AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN
AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY
SPECIFICALLY AMENDING SECTION TWELVE,"COMPETITIVE
PROPOSALS,"TO INCORPORATE A PROCEDURE TO ACCEPT
UNSOLICITED PROPOSALS;PROVIDING FOR CONFLICT AND
SEVERABILITY;PROVIDING FOR INCLUSION INTO THE CODE
OF LAWS AND ORDINANCES, AND PROVIDING FOR AN
EFFECTIVE DATE.
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection'of an individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. in any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part
►v of the record.
0
a) Any person who decides to appeal a decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ens,ure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
m
If you are a person witha disability who needs any accommodation
in order to participate in this proceeding,you are entitled,at no
cost to you,to the provision of certain assistance.Please contact
the Collier County Facilities Management Department, located
at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239)252.8380, Assisted listening devices for the
hearing impaired are available in the County Commissioners'
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
DONNA FIALA,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
April 15,2016 No. 1039873
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