Backup Documents 03/14/2017 Item #17D Amending 2013-69 3/14/17
Purchasing Ordinance
I. 4,
COLLIER COUNTY FLORIDA �' ��f��'r
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS '''
.;e-- • 1 7 D
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement ❑ Other:
(Display Adv., location, etc.)
Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: February 28,2017
Petition No. (If none,give brief description): Ordinance—Amendment to Purchasing Ordinance
Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10+days before hearing.)March 14,2017(ad to run no later than
FRIDAY,March 3,2017)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text: (Include legal description&common location&Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 2013-69, AS AMENDED, KNOWN AS THE COLLIER COUNTY PROCUREMENT ORDINANCE, IN
ORDER TO ADD PROCUREMENT METHODS, ESTABLISH EXEMPT PROCUREMENT CATEGORIES, AND TO
UPDATE AND CLARIFY OTHER PROVISIONS OF THE ORDINANCE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
Companion petition(s), if any&proposed hearing date: N/A
Does Peti ion Fee include advertising cost? ❑ Yes XXX No If Yes,what account should be charged for advertising costs:
PO#4500171993
Reviewe4i• •
41111111411 ) )1 /
Division A(44 vi '" '.•r Designee Da e
List Attach4
nts Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ Requesting Division ❑ Original
❑ County Manager agenda file: to
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE 0 LY: ,Z
Date Received: 1 ?$ 1 Date of Public hearing: 5/I i /1- Date Advertised: J 3/11--
1 7 0
Teresa L. Cannon
From: NeetVirginia <VirginiaNeet@colliergov.net>
Sent: Tuesday, February 28, 2017 8:43 AM
To: Minutes and Records
Cc: Teresa L. Cannon; Herrera, Sandra
Subject: Legal ad to run Friday, March 3, 2017
Attachments: Advertising Request -Amendment to Purchasing Ordinance.docx
Ladies:
See attached. Please advise if this can run Friday(3/3/17) in time for the 3/14/17 BCC Meeting. Initialed Ordinance and
signed ad request are coming next.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239)252-6600
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
1 7 0
ORDINANCE NO.2017-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-69,
AS AMENDED, KNOWN AS THE COLLIER COUNTY PROCUREMENT
ORDINANCE, IN ORDER TO ADD PROCUREMENT METHODS,
ESTABLISH EXEMPT PROCUREMENT CATEGORIES, AND TO
UPDATE AND CLARIFY OTHER PROVISIONS OF THE ORDINANCE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING 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 No.2015-37,Ordinance No.2015-51,Ordinance No.2016-11,and Ordinance No.2016-19;
and
WHEREAS,the Board seeks additional revisions to Ordinance No.2013-69,as amended,
to increase efficiency and ease of administration.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ordinance No. 2013-69, as
amended, is further amended as follows:
SECTION ONE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Procurement
Ordinance" or"Procurement Ordinance."
SECTION TWO: Purpose.
1 7 0
The purpose of this Procurement Ordinance is to codify and formalize Collier County's
Procurement Policy, to provide for the fair and equitable treatment of all persons involved in public
purchasing by the County, to maximize the purchasing value of public funds in procurement, and to
provide safeguards for maintaining a procurement system of quality and integrity. Any provision of this
Ordinance in conflict with statute is null and void as to the conflict.
SECTION THREE: Applicability and Approved Thresholds.
1. This Procurement Ordinance applies to the procurement of goods and services by the County
after the effective date of this Procurement Ordinance. This Procurement Ordinance shall apply to all
expenditures of public funds by the Board of County Commissioners for public purchasing, irrespective
of the source of the funds.Nothing in this section shall prevent the County from complying with the terms
and conditions of any grant,gift or bequest that is otherwise consistent with law.
2. Nothing contained herein shall be construed as requiring Collier County's Constitutional
Officers (Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of Elections, and Tax
Collector), Court Administration, State Attorney, Public Defender or the Collier County Metropolitan
Planning Organization non-county funds to be covered by the provisions of this Procurement Ordinance.
However, the services of the Collier County Procurement Services Division and Procurement Services
Director may be made available for consultation.
3. The Board of County Commissioners shall execute formal contracts in excess of$50,000
having a binding effect upon the County,to include revenue generating contracts,and hereby delegates to
the County Manager or designees, the authority to approve contracts or agreements and amendments,
extensions,and renewals of such contracts or agreements, including change orders,work orders and other
ancillary documents, providing the total amount of County expenditure for any such contract or
agreement does not exceed $50,000 unless otherwise specified by action of the Board of County
Commissioners.The$50,000 limitation set forth above shall be determined by the following:
a. the per fiscal year dollar total expenditure for term contracts,
b. the per fiscal year dollar expenditure for fixed-fee agreements,
c. the per fiscal year dollar expenditure for lease agreements,
d. the total dollar expenditure included in the contract for lump-sum or specific project
agreements.
2
17 [
4. Following formal action taken by the Board of County Commissioners on purchases greater
than the formal competitive threshold, the Board delegates to the County Manager or designee the
authority to carry out the administrative and ministerial actions necessary to effectuate the Board's action,
including but not limited to the subsequent issuance of Work or Purchase Orders.
SECTION FOUR: Definitions.
Agency shall mean all departments, divisions, units and offices under the Board of County
Commissioners, including the Collier County Redevelopment Agencies, the Collier County Airport
Authority, Collier County Water Sewer District and all departments under the auspices of the County
Manager. Also included are those elected or appointed officials that agree to utilize procurement services
provided by the Collier County Board of County Commissioners.
Change Order shall mean a written order by a project manager, approved by the Procurement Services
Director and the Board of County Commissioners,directing the contractor to change a contract's amount,
requirements, or time. All changes must be within the original scope of the contract and in accordance
with the Board approved contract's changes clause or, if no such clause is set forth within the agreement,
in accordance with this Procurement Ordinance.
Consultant/Contractor/Supplier/Vendor shall mean a provider of goods or services to the County agency.
These terms may be used interchangeably.
Continuing Contract shall mean a contract for professional services as defined under Florida Statute
287.055
County Manager shall mean the County Manager or County Administrator of Collier County, or
designee,as defined in the County Administration Law of 1974,F.S.ch. 125,pt.III.
Term Contract A type of contract in which a source of supply is established for a specific period of time
for specified services or supplies; usually characterized by an estimated or definite minimum quantity,
with the possibility of additional requirements beyond the minimum,all at a predetermined unit price.
Fixed-Fee Agreement is a contract providing for a firm price, or a price that may be adjusted only in
accordance with contract clauses providing for revisions of the contract price under stated circumstances.
Lease Agreement is a contract outlining the terms in which one party agrees to rent property owned by
another party,which may include real estate or personal property for a specified amount of time.
ta/
3
170
Lump Sum or Specific Project Agreement is a contract where a firm fixed total price is offered by the
vendor for the completion of a project;typically this is done through a competitive process and where the
final invoicing will require no cost breakdown.
Responsive Bidder/Proposer shall mean a vendor who has submitted a bid or proposal that fully conforms
in all material respects to the solicitation and all of its requirements,including form and substance.
Responsible Bidder/Proposer shall mean a vendor who has the financial and technical capacity to perform
the requirements of the solicitation and subsequent contract.
Minority business enterprise or any other designation assigned by the Office of Supplier Diversity shall
mean a firm or individual whom satisfies the registration requirements of that agency and/or satisfies the
requirements outlined in Florida Statute Chapter 287.0943(2)(e), Chapter 295.187, Chapter 60A-9,
Florida Administrative Code.
Purchase Order shall mean a form of contract which encumbers appropriated funds and which is directed
to a single vendor to furnish or deliver commodities or services to the County.
Purchasing Card shall mean a credit card officially assigned to specific employees under the purview of
the Board of County Commissioners for the purpose of transacting small and/or strategic purchases.
Single source refers to a procurement directed to one source because of standardization, warranty, or
other factors,even though other competitive sources may be available.
Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all
others may be based on a lack of competition, proprietary technology, copyright,warranty or a supplier's
unique capability.
Work Order/Work Assignment is a contract instrument issued under the terms and conditions of an
approved continuing or fixed fee agreement, which authorizes a contractor or consultant to perform a
specific task within the broader scope of the master agreement. Nothing in the work order shall conflict
with the terms and conditions of the fixed fee contract,and all work done must fall within the scope and
term of the underlying agreement.
SECTION FIVE: Establishment of Procurement Services Division and Procurement Services
Director.
1. There is hereby established the Collier County Procurement Services Division, which
shall be a distinct administrative department under the direction of the County Manager.
4
i
1 7 b
a. The Procurement Services Director of the Procurement Services Division shall
have the authority to negotiate all purchases for all Agencies except as required
by State, Federal or Local Law. In keeping with F.S. ch. 125, this Procurement
Ordinance grants to the Procurement Services Director only those powers and
duties which are administrative and ministerial in nature and does not delegate
any governmental power imbued in the Board of County Commissioners as the
governing body of the County pursuant to Fla. Const. Art. VIII, § 1(e). The
Procurement Services Director may delegate to one or more Procurement
Services Division employees any and all aspects of the authority vested in the
Procurement Services Director by the County Manager Except as otherwise
specified by law, this Article shall apply to every procurement under the
authority of the Collier County Board of County Commissioners and to elected or
appointed officials (Clerk of the Circuit Court, County Attorney, Property
Appraiser,Sheriff, Supervisor of Elections,Tax Collector, Court Administration,
State Attorney,Public Defender or Collier County M.P.O.)who choose to utilize
procurement services provided by the Collier County Board of County
Commissioners.
b. Notwithstanding any other provision of the Procurement Ordinance, the
Procurement Services Director, is authorized to issue purchase orders at the
written request of elected or appointed officials.
c. Nothing in this article shalllimit the Collier County Board of County
Commissioners' right to waive any provisions contained herein when the Collier
County Board of County Commissioners shall deem it in the best interest of the
County.
SECTION SIX: Duties of Procurement Services Division.
Within the constructs of this Ordinance, the Procurement Services Division shall be responsible
for:
1. Seeking Maximum Value: Acting to procure for the County the highest quality
commodities and contractual services at least expense to the County.
•
5
1 7
2. Encouraging competition: Endeavoring to obtain as full and open competition as
possible on all purchases,services and sales.
3. Procurement Analysis: Keeping informed of current developments in the field of
purchasing, prices, market conditions and new products, and securing for the County the benefits of
research conducted in the field of purchasing by other governmental jurisdictions, national technical
societies,trade associations having national recognition,and by private business and organizations.
4. Procurement Manual: Preparing and recommending for adoption by the County Manager
a Procurement Manual for the implementation of this Procurement Ordinance. The Procurement Manual
shall be maintained and published on-line for the benefit of the public.
5. Division Systems, Procedures and Standards: The adoption of systems, procedures,
forms, standards, reporting and evaluation tools related to: (i)the effective development, negotiation and
administration of County contracts, and (ii) the evaluation of performance of contractors, suppliers and
vendors doing business with Collier County.
6. Non-Contract Purchases: Reviewing non-contract purchases under $50,000.00, as
defined in SECTION THREE, to determine if an aggregated contract approach may provide value and
offer pricing advantages to the County.
7, Tax Exemption: Procuring items for the County to exercise its tax exemption status
when eligible.
8. Inquiry and Control: Full authority to:
a. Question the quality, quantity, and kinds of items requisitioned in order that the
best interests of the County are served;
b. Ensure the timely, proper and orderly acquisition of services to the various
operating divisions;
c. Ensure purchases are consistent with the Procurement Ordinance;
d. Determine if specific purchases should be approved by the Board prior to the
purchase.
e. Determine work assignment rotation schemes when multiple contracts are
awarded for the same service.
6
,ct,
1 7 0
9. Records of Procurement activity shall be maintained in compliance with the Chapter 119,
Florida Statutes,"Public Records."
SECTION SEVEN: Ethical Standards
1. Every employee, elected or appointed official of Collier County has the responsibility to
maintain the confidence of the citizens of Collier County by conducting the procurement process in an
ethical, fair and transparent manner. Collier County employees shall act in good faith to discharge their
duties and avoid either the intent or appearance of unethical practices in procurement relationships,
actions and communications.
2. Any attempt by Collier County employees, elected or appointed officials of Collier
County to realize personal gain from the procurement process is a breach of public trust. All County
employees shall govern themselves in accordance with the Standards of Conduct as set forth in applicable
Collier County Government Regulations,to include the Collier County Ethics Ordinance No. 2003-53 as
amended,County Manager Administrative Procedures(CMA)Code of Ethics,and F.S.ch. 112.
3. Collier County requires each vendor who seeks to do business with Collier County to
comply with the following ethical standards:
a. No vendor shall discuss or consult with other vendors intending to compete for
the same or similar contract for the purpose of bid rigging, collusion or other
activities that are illegal,unethical or limiting competition.
b. No vendor shall submit false information or intentionally submit misleading
information to Collier County.
c. After the issuance of any solicitation, no current or prospective vendor or any
person acting on their behalf, shall contact, communicate with or discuss any
matter relating to the solicitation with any Collier County employee or elected or
appointed official, other than the Procurement Services Director or his/her
designees. This prohibition ends upon execution of the final contract or upon
cancellation of the solicitation. Any current or prospective vendor that lobbies
any Collier County employee or elected or appointed official while a solicitation
is open or being recommended for award(i)may be deemed ineligible for award
7
1 7 0
of that solicitation by the Procurement Services Director,and(ii)will be subject
to Suspension and Debarment outlined in SECTION TWENTY-EIGHT,
4. Failure to comply with this Section shall be deemed a violation of ethical standards
subject to administrative actions and may be subject to civil, and/or criminal penalties for ethical
violations as described below:
a. Employees who violate the ethics standards described in this section shall be
subject to administrative disciplinary action, following Collier County
Government Human Resources procedures and guidelines, up to and including
dismissal from Collier County Government employment.
b. Vendors who violate the ethics standards described in this Section shall be
subject to Suspension and Debarment as provided in SECTION TWENTY-
EIGHT of this Article.
5. Vendors doing business with Collier County shall comply with the provisions of Section
287.133, Florida Statutes("Public Entity Crimes Act").
SECTION EIGHT: Exemptions to the competitive process
The following categories of procurements may be eligible for exemption to the competitive
process based upon the determination of the County Manager or designee that approval of such an
exemption is in the best interest of the County.
1. Purchases from another government agency or from a nonprofit organization authorized
to do business in the State of Florida.
2. Dues and memberships in trade or professional organizations; registration fees for trade
or career fairs:fees and costs of job-related seminars and training.
3. Subscriptions, periodicals, newspapers, books, electronic information, media, maps.
pamphlets and similar material in printed or electronic form.
4. Advertisements. f,
5. Utility Services: water, sewer, electrical, gas, or other regulated utility, communications
and data transmission services subject to government rate control.
8 •
1 7 0
6. Educational or academic programs; educational or recreational field trip instructors,
trainers,facilitators,professional advisors and speakers.
7. Legal services including retaining services of Iaw firms or other outside counsel for any
reason, expert witnesses, court reporter services, appraisal services,trial consultants or similar persons or
firms deemed by the Collier County Attorney as necessary to address the legal needs of Collier County,
together with document management and production, legal research,and information technology products
and services.
8. Goods or services purchased from grants,gifts,bequests or donations to the extent of the
application of this Article would conflict with the requirements, conditions, or limitations attached to the
grant,gift,bequest,or donation.
9. Products or services necessary to maintain existing warranties and licenses or to maintain
compatibility with existing Collier County systems.
10. Repairs based upon shop estimates for equipment that has been disassembled.
11. Personnel services;recruitment services.
12. Works of Art for Public Display
13. Direct purchase orders issued when it is in the best interest of Collier County. Collier
County may make direct purchases of goods and services when the County can procure these items at a
lower cost and/or realize a tax or delivery savings.
14. Financial Instruments: professional services required for the issuance of Collier County
debt, debt service and Collier County investments related thereto, including the selection of investment
bankers for Collier County's Underwriting Pool and the selection of Collier County's Financial Advisor.
15. Entertainment services for County-sponsored events.
16. Services for management studies, executive analysis and related matters as directed by
the County Manager.
17. Where specified by general law, ordinance or Collier County Board of County
Commissioner's policies, any purchase governed by explicit provisions of general law or other Collier
9
1 7 0
County ordinance or Collier County Board of County Commissioner's policies (resolution) unless the
solicitation indicates the applicability of this Article, and this Article shall apply only to the extent set out
in the solicitation.
SECTION NINE: Small Purchases(Purchases$3,000 or less).
A purchase shall not be artificially divided or split so as to qualify under this or any other section
of this Procurement Ordinance. All small purchases will be obtained by a Single Quote, with
documentation, and generally be processed using a regular purchase order, or a purchasing card in
accordance with SECTION TWENTY-SIX of this Procurement Ordinance,
Operating Division staff should make all reasonable efforts to purchase goods and services under Board
approved contracts. In the event a contract is not utilized, staff will procure the highest quality items or
services at the least expense to the County. Only the Boards Procurement Services staff may approve a
qualification based Small Purchase.
SECTION TEN: Informal Competition (Purchases Exceeding$3,000 but Not Greater
Than$50,000).
A purchase shall not be artificially divided or split so as to qualify under this or any other section
of this Procurement Ordinance. Operating Division staff should make all reasonable efforts to purchase
goods and services under Board approved contracts. In the event a contract is not available, or staff
demonstrates that the price under contract exceeds the price on a non-contract, staff will procure the
highest quality items or services at the least expense to the County by using the following informal
competition process:
1. Purchases exceeding $3,000 but not greater than $50,000 may be solicited by quotation
as follows:
a. Minimum Number Quotes: Purchases in excess of$3,000 but not greater
than $50,000 shall be based on a good faith effort by either Operating
Division Staff or Procurement Staff to obtain at least three(3)documented
competitive quotes.
b. Solicitation of Quotes: Quotes may be solicited in writing or electronically. Only
the Procurement Services staff may issue a qualification based solicitation. Final
10 1"' °
17O ,
recommended award of any quote will be reviewed and approved by the
Procurement Services Director.
SECTION ELEVEN: Procurement Methods.
Collier County's procurement methods may include,but are not limited to the following:
1. Informal quotes may be solicited and awarded by designated Collier County employees
as set forth in the Procurement Manual without public announcement and without formal competition.
2. Request for Quote(RFQ)may be issued by either the Operating Division Staff or by the
Procurement Staff. Any resulting contract shall be awarded to the responsible and responsive vendor
submitting the lowest or best overall quote which meets all specifications.
3. Invitations to Bid(ITB)shall be issued by the Procurement Services Director with public
announcement and competition.Any resulting contract shall be awarded to the responsive and responsible
bidder submitting the lowest or best overall bid which meets all.specifications.
4. Cooperative Purchasing
a. Piggybacking
The Procurement Services Director shall have the authority to procure goods or
services from vendors who have been selected, as a result of a competitive
selection process for a federal, state or municipal government, or any other
governmental agency, political subdivision, or government-related association,
provided that the originating entity utilized a competitive process similar to
Collier County's. The Procurement Services Director shall annually bring
forward to the Board of County Commissioners a list of recommended
cooperatives for Board consideration.
b. Consolidated Joint Purchasing
The Procurement Services Director shall have the authority to join with other
government entities and consortiums in cooperative purchasing ventures when in
the best interest of Collier County.
1 I u:='
1 70
5. Request for Proposals (RFP) shall be issued by the Procurement Services Director with
public announcement and competition. Any resulting contract shall be awarded to the responsive and
responsible proposer submitting the best proposal according to the criteria set forth in the solicitation.
6. Request for Professional Services (RPS) shall be issued by the Procurement Services
Director to procure professional engineering, architectural, landscape architectural or surveying and
mapping services in accordance with the Consultants' Competitive Negotiation Act (CCNA), F.S. §
287.055.
7. Invitation to Negotiate (ITN) shall be issued by the Procurement Services Director with
public announcement and competition. An ITN is used when it is determined beneficial to issue a written
solicitation for competitive sealed replies to select one or more vendors with which to conduct
negotiations.
8. Emergency Procurements may be used in the event of an unexpected and urgent need
where health and safety or the conservation of public resources is at risk, or during Board absences (all
efforts should be made to obtain Board approval prior to anticipated recesses),using such competition as
is practical under the circumstances,as follows:
a. Following a declaration of the existence of an emergency situation by the
County, the Collier County Board of County Commissioners or their designee
may declare the existence of an emergency procurement condition and may
suspend any or all of the provisions of this article and authorize an emergency
procurement.
b. The Collier County Manager or his/her designee, on a case by case basis may
approve an emergency purchase based upon the Procurement Services Director's
good faith review of the available sources that may timely respond to the urgent
need for goods and services and the documentation of the emergency conditions
related to that purchase. Upon written determination and approval of the Collier
County Manager, the emergency purchase may be made. The Collier County
Manager will report to the Collier County Board of County Commissioners all
such emergency procurements at the next available Board meeting.
•
L..'.
12
1 7
c. This section in no way constrains the provisions of Collier County's Civil
Emergency powers and authority pursuant to F.S. ch. 252, Emergency
Management.
9. Invitation for Qualifications (IFQ) shall be issued by the Procurement Services Director
when it is in Collier County's best interest to limit participation in the solicitation process to those bidders,
proposers or offerors who demonstrate a capability to provide the goods and services required by the
Collier County or when qualifications are the only criteria.
10. Sole Source Procurement is a selection of one particular supplier to the exclusion of all
others. This decision may be based on lack of competition,proprietary technology,copyright,warranty or
a supplier's unique capability.
11. Single Sourcing is a procurement decision whereby purchases are directed to one source
because of standardization, warranty, or other factors, even though other competitive sources may be
available.
12. Reverse Auctions shall be issued by the Procurement Services Director when it is deemed
to be the most efficient means of obtaining the best price through open competition.
13. Requests for Information (RF[) shall be issued by the Procurement Services Director
when it is in Collier County's best interest to request information from potential vendors prior to the
issuance of a planned solicitation.
14. It is the intent of the Board of County Commissioners to establish an amount of fifty
thousand dollars ($50,000.00) as the County's threshold for formal competitive solicitations to include
IFB, RFP, RPS, ITN, IFQ, and Reverse Auctions administered under the supervision of the
Procurement Services Director. Award of any resulting agreements or contracts shall be made by the
Board except where otherwise provided for in this Procurement Ordinance or unless an exception is
granted by the Board.
15. Use of Past Performance Data: In order to promote the quality delivery of commodities
and services,County departments shall record and consider the past performance of vendors in the award
of contracts exceeding the competitive threshold.This objective shall be accomplished as follows:
a.The Procurement Services Division shall be responsible for each of the following:
13
1 7
c. This section in no way constrains the provisions of Collier County's Civil
Emergency powers and authority pursuant to F.S. ch. 252, Emergency
Management.
9. Invitation for Qualifications (IFQ) shall be issued by the Procurement Services Director
when it is in Collier County's best interest to limit participation in the solicitation process to those bidders,
proposers or offerors who demonstrate a capability to provide the goods and services required by the
Collier County or when qualifications are the only criteria.
10. Sole Source Procurement is a selection of one particular supplier to the exclusion of all
others. This decision may be based on lack of competition,proprietary technology,copyright,warranty or
a supplier's unique capability.
11. Single Sourcing is a procurement decision whereby purchases are directed to one source
because of standardization, warranty, or other factors, even though other competitive sources may be
available.
12. Reverse Auctions shall be issued by the Procurement Services Director when it is deemed
to be the most efficient means of obtaining the best price through open competition.
13. Requests for Information (RF[) shall be issued by the Procurement Services Director
when it is in Collier County's best interest to request information from potential vendors prior to the
issuance of a planned solicitation.
14. It is the intent of the Board of County Commissioners to establish an amount of fifty
thousand dollars ($50,000.00) as the County's threshold for formal competitive solicitations to include
IFB, RFP, RPS, ITN, IFQ, and Reverse Auctions administered under the supervision of the
Procurement Services Director. Award of any resulting agreements or contracts shall be made by the
Board except where otherwise provided for in this Procurement Ordinance or unless an exception is
granted by the Board.
15. Use of Past Performance Data: In order to promote the quality delivery of commodities
and services,County departments shall record and consider the past performance of vendors in the award
of contracts exceeding the competitive threshold.This objective shall be accomplished as follows:
a.The Procurement Services Division shall be responsible for each of the following:
13
1
(1) Developing, implementing and maintaining administrative procedures,
instructions and technologies necessary to collect past vendor
performance data.
(2) Ensuring that relevant past performance data is properly gathered and
considered prior to award of subsequent contracts.
b.Operating departments shall be responsible for each of the following:
(1) Conducting periodic performance evaluations of vendors under contract
with the County pursuant to the procedures established in subsection
15.a.1.
(2) Considering the past performance of vendors during the evaluation of
bids and proposals pursuant to the procedures established in subsection
15.a.2.
SECTION TWELVE: Reserved Rights
1. Reserved Rights
Collier County reserves the right in any solicitation to accept or reject any or all bids,proposals or
offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County
reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease
quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other
provisions of this Article, if none or only one responsive and responsible bid or proposal is received
following any solicitation,the County Manager,or designee,reserves the right to reject all bids,proposals
or offers and to negotiate with any responsible providers to secure the best terms and conditions in the
� I
sole interest of the County unless otherwise provided by law.
2. Rejection of Bids and Negotiation:
a. The Procurement Services Director shall have authority to review all
submittals in response to a County solicitation and to review these
submittals for responsiveness, responsibility, price and other factors in
making a determination for Recommendation of Award. The Procurement
14 " '
170
Services Director may reject any submittal and cancel any solicitation at
anytime prior to a contract being signed. The Board of County
Commissioners shall have the authority to reject any and all bids at any
time.
b. If the lowest, responsive bid exceeds the budgeted amount and, if the purchase is
not funded in whole or in part with interagency grant dollars, the Procurement
Services Director may negotiate changes with the apparent lowest responsible
and responsive bidder that will bring prices into budgeted limits subject to the
final approval and acceptance of the Board. If the budgeted amount includes
grant funds, the Procurement Services Director shall be authorized to conduct
such negotiations provided said actions are not prohibited by law or the grant
conditions.
All Notices of Recommended Award will be generated and posted by the Procurement Services
Director prior to presentation of any contract for signature by the Board of County
Commissioners.
SECTION THIRTEEN: Unsolicited Proposals.
1. The Board incorporates by reference F.S. § 255.065, 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 F.S. § 255.065 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.
15
I7ID I)
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 F.S. §
255.065.
SECTION FOURTEEN: Small and Disadvantaged Minority and Women Business Enterprises.
1. Policy Statement: Collier County stands committed to providing equal opportunities to
small businesses and disadvantaged business enterprises (DBE), minority business enterprises (MBEs)
and women business enterprises (WBEs) as well as to all vendors, consultants, contractors and
subcontractors who seek to do business with the County.
Pursuant to this policy,Collier County encourages its vendors,consultants,contractors and subcontractors
to provide qualified small businesses and DBE's with an equal opportunity to participate in the formal
competitive processes for the procurement of commodities and services by the County.
The Policy is not intended to require or to allow partiality toward or discrimination against any small
business or DBE,MBE,WBE,or any other vendor,consultant,contractor or subcontractor on the basis of
gender, race or national origin, or other such factors, but rather to create an opportunity for small
businesses and DBEs, MBEs, WBEs, and all qualified vendors, consultants, contractors and
subcontractors to participate in the County's formal competitive processes.Nothing in this Policy shall be
construed to provide for or require any preference or set-aside based on gender, race, national origin or
any other such factor.
2. Implementing Measures: In an effort to implement this policy, the County may
undertake the following measures:
a. Designate the Procurement Services Director to administer this policy.
b. Utilize outreach programs to identify, register and educate small businesses and
DBEs, MBEs and WBEs to participate in the procurement/contract process
which may include:
(1) Attending trade fairs which include representatives from these
enterprises.
(2) Attending meetings and social events wherein these enterprises are
present.
16
1 7
(3) Utilizing publications aimed at reaching these enterprises.
(4) Utilizing Purchasing Directories and other reference sources that list
these enterprises.
(5) Publicizing this Policy to encourage these enterprises to participate in the
County's procurement process.
(6) Other actions designed to identify opportunities for these enterprises who
seek to provide commodities and services to the County.
c. Maintain a list of these enterprises.
d. Disseminate information regarding competitive opportunities with the County in
order to allow qualified small businesses and DBEs, MBEs and WBEs to
participate in the County's procurement process.
3. Conformity with Applicable Law: The provisions of this section shall be construed in
conformity with applicable state and federal law. To the extent that state law conflicts with federal law,
federal law shall supersede such state law.
SECTION FIFTEEN: Procedure to Provide Preference to Local Businesses in
County Contracts.
Except where otherwise provided by federal or state law or other funding source restrictions or as
otherwise set forth in this Procurement Ordinance, purchases of commodities and services shall give
preference to local businesses in the following manner:
1. "Local Business" defined. Local business means the vendor has a current Business Tax
Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal
submission to do business within Collier County, and that identifies the business with a permanent
physical business address located within the limits of Collier County from which the vendor's staff
operates and performs business in an area zoned for the conduct of such business.A Post Office Box or a
facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or
other non-permanent structure shall not be used for the purpose of establishing said physical address. In
addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the
economic development and well-being of Collier County in a verifiable and measurable way. This may
include, but not be limited to, the retention and expansion of employment opportunities, support and
17
17O �
increase to the County's tax base, and residency of employees and principals of the business within
Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of
submitting their bid or proposal to be eligible for consideration as a"local business" under this section. A
vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one year.
2. Preference in purchase of commodities and services by means of competitive bid,request
for proposals, qualifications or other submittals and competitive negotiation and selection. Under any
such applicable solicitation, bidders/proposers desiring to receive local preference will be invited and
required to affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder/proposer who fails to submit sufficient documentation with their
bid/proposal offer shall not be granted local preference consideration for the purposes of that specific
contract award.Except where federal or state law, or any other funding source, mandates to the contrary,
Collier County and its agencies and instrumentalities, will give preference to local businesses in the
following manner:
a. Competitive bid (local price match option). Each formal competitive bid
solicitation shall clearly identify how the price order of the bids received will be
evaluated and determined. When a responsible and responsive, non-local
business submits the lowest price bid, and the bid submitted by one or more
responsible and responsive local businesses is within ten percent of the price
submitted by the non-local business, then the local business with the apparent
lowest bid offer(i.e.,the lowest local bidder)shall have the opportunity to submit
an offer to match the price(s), less one(1) dollar, offered by the overall lowest,
responsible and responsive bidder. In such instances, staff shall first verify if the
lowest non-local bidder and the lowest local bidder are in fact responsible and
responsive bidders. Next, the Procurement Services Division shall determine if
the lowest local bidder meets the requirements of F.S. § 287.087 (Preferences to
businesses with drug-free workplace programs). If the lowest local bidder meets
the requirements of F.S. § 287.087, the Procurement Services Division shall
invite the lowest local bidder to submit a matching offer, less one (1) dollar,
within five (5) business days thereafter. If the lowest local bidder submits an
offer that fully matches the lowest bid, less one (1) dollar, from the lowest non-
local bidder tendered previously,then award shall be made to the local bidder. If
the lowest local bidder declines or is unable to match the lowest non-local bid
18
I O 4
price(s), then award will be made to the lowest overall responsible and
responsive bidder. If the lowest local bidder does not meet the requirement of
F.S. § 287.087, and the lowest non-local bidder does, award will be made to the
bidder that meets the requirements of the reference state law.
b. Request for proposals, qualifications or other submittals and competitive
negotiation and selection. For all purchases of commodities and services
procured through the Competitive Proposals or Competitive Selection and
Negotiation methods not otherwise exempt from this local preference section,the
RFP solicitation shall include a weighted criterion for local preference that equals
10 percent of the total points in the evaluation criteria published in the
solicitation. Purchases of professional services as defined and subject to F.S. §
287.055 and audit and accounting services subject to F.S. § 11.45 shall not be
subject to this local preference section.
c. Should a tie bid occur between a non-local bidder and a local bidder, the County
shall award the contract to the local bidder. Should a tie occur between two local
bidders, the County will "flip a coin" between the two lowest bidders. The coin
toss winner will be awarded the contract upon approval by the Board of County
Commissioners.
3. Waiver of the application of local preference. The application of Local Preference to a
particular purchase or contract may be waived upon approval of the Board of County Commissioners, or
as identified where exempt from competitive process in SECTION EIGHT
4. Comparison of qualifications. The preferences established herein in no way prohibit the
right of the Board of County Commissioners to compare quality of materials proposed for purchase and
compare qualifications, character, responsibility and fitness of all persons, firms or corporations
submitting bids or proposals. Further, the preferences established herein in no way prohibit the right of
the County Commission from giving any other preference permitted by law instead of the preferences
granted herein.
5. Reciprocity. In the event Lee County,or any other Florida county or municipality("local
government")deemed appropriate by the Collier County Board of Commissioners,extends preferences to
local businesses, Collier County may enter into an inter-local agreement withsuch local government
wherein the preferences of this section may be extended and made available to vendors that have a valid
19
170
occupational license issued by that specific local government to do business in that local government that
authorizes the vendor to provide the commodities and services to be purchased, and a physical business
address located within the limits of that local government. Post Office Boxes are not verifiable and shall
not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor
shall not be considered a "local business" unless it contributes to the economic development and well-
being of the said local government whichever is applicable, in a verifiable and measurable way. This may
include, but not be limited to, the retention and expansion of employment opportunities, the support and
increase to that local government's tax base, and residency of employees and principals of the business
located within the limits of that local government. Vendors shall affirm in writing their compliance with
the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local
business" under this section. In no event shall the amount of the preference accorded other local
government firms exceed the amount of preference that such local government extends to Collier County
firms competing for its contracts.
6. Purview and administration of this Local Preference Policy. This policy shall apply to all
departments and units under the direct purview of the Board of County Commissioners. For purchases of
$50,000.00 or less, the Procurement Services Division shall systematically encourage departments to
include local vendors when soliciting quotations in accordance with this policy.
7. This Policy shall not be utilized with respect to any competitive solicitation for
construction services in which 50 percent or more of the cost will be paid from state-appropriated funds
which have been appropriated at the time of the competitive solicitation.
SECTION SIXTEEN: Payment of Invoices.
1. Agencies under the purview of the Board of County Commissioners shall be in
compliance with F.S. § 218.70, otherwise known as the "Local Government Prompt Payment Act."
Pursuant to this,the requirements of this section shall apply to the following transactions:
a. The purchase of commodities and services;
b. The purchase or lease of personal property;
c. The lease of real property.
2. The County Manager shall establish and maintain procedures that authorize minor
payment variances between the purchase orders and invoices where warranted. The authority to pay such
variances shall not exceed 5%of the purchase order amount or$500,whichever is less.
20 `.,..„,r
1711
3. The County Manager shall establish and maintain a process to address freight and
delivery charges not in compliance with the FOB destination terms contained in the County General
Terms and Conditions.
4. It shall be the responsibility of the County Manager, in consultation with the Clerk's
Finance Director and operating Divisions, to establish, procedures for the timely payment of all
transactions as defined under subsection 16.A (subsection A of this section). Such procedures shall
include, but are not limited to the following:
a. Formally defining the County's requirements for the content and submission of a
proper invoice, codifying the County's payment requirements and notifying each
vendor of their availability.
b. Steps required for the receipt of all invoices and the prompt return of improper
invoices.
c. Steps required for the resolution of payment disputes between the County and a
vendor.
5. Vendor Payment Dispute Resolution Process. The purpose of this section is to establish a
procedure whereby payment disputes with vendors who provide goods and services to the County are
resolved in a timely manner and in keeping with the Local Government Prompt Payment Act.
a. Definitions. The definitions set forth in the Local Government Prompt Payment
Act(F.S. §218.72,2016)are hereby incorporated by reference.
b. If an improper payment request or invoice is submitted by a vendor, the County
shall, within 10 days after the improper payment request or invoice is received,
notify the vendor, in writing,that the payment request or invoice is improper and
indicate what corrective action on the part of the vendor is needed to make the
payment request or invoice proper.
c. If the parties are unable to reach resolution on the payment dispute, the County
Manager shall appoint a Hearing Examiner,to whom the matter will be referred
to. The Hearing Examiner shall have the sole and full authority to thereafter
resolve the dispute. The proceedings before the Hearing Examiner to resolve the
dispute shall commence within 45 days after the date the payment request or
improper invoice was received by the County and shall be concluded with final ( y.'1
21
17D
written decision by the Hearing Examiner within 60 days after the date the
payment request or improper invoice was received by the County. These
proceedings are not subject to F.S. ch. 120, and do not constitute an
administrative hearing. Rather, these proceedings are intended to be quasi-
judicial, open to the public, with the written decision of the Hearing Examiner
being final, subject only to certiorari review.If the dispute is resolved in favor of
the County, interest charges shall begin to accrue 15 days after the Hearing
Examiner's final decision. If the dispute is resolved in favor of the Vendor,
interest begins to accrue as of the original date the payment became due.
d. If the County does not timely commence this dispute resolution process within the
time required, a contractor may give written notice to the County of the failure to
timely commence this dispute resolution procedure. If the County fails to
commence this dispute resolution procedure within four business days after such
notice, any amounts resolved in the contractor's favor shall bear mandatory
interest, as set forth in F.S. ch. 218, from the date the payment request or invoice
containing the disputed amounts was submitted to the County. If the dispute
resolution procedure is not commenced within 4 business days after the notice,the
objection to the payment request or invoice shall be deemed waived. The waiver
of an objection pursuant to this paragraph does not relieve a contractor of its
contractual obligations.
e. In an action to recover amounts due under this part, the court shall award court
costs and reasonable attorney's fees, including fees incurred through appeal, to
the prevailing party.
f. The conduct of the Hearing Examiner proceedings, including notice,process,and
criteria,shall be set forth in the Procurement Division's Policies and Procedures.
SECTION SEVENTEEN: Advanced Payments for Goods and Services.
Procedures for the pre-payment of goods and services with County funds including, but not
limited to, dues and membership, insurance,maintenance agreements, subscriptions,travel arrangements,
postage, and other purchases as prescribed by the Department of Financial Services through their
Administrative Rules. As provided for in F.S. § 28.235, the Clerk of the Circuit Court is authorized to
22
1 7 0
make advanced payments on behalf of the County for goods and services based on those established
procedures.
SECTION EIGHTEEN: Standardization,Cooperative Purchasing Agreements and
Governmental Contracts.
1. Where standardization is determined to be desirable by the Board of County
Commissioners or included in the Procurement Manual, the purchase of commodities may be made by
negotiation with the approval of the purchase by the Board or, if under the Formal Competitive
Threshold,with approval of the purchase by the Procurement Services Director.
2. Annually, the Board of County Commissioners will approve a list of authorized
purchasing cooperative organizations and governmental schedules and contracts. The Procurement
Services Director may approve purchases using these approved cooperative organizations, agreements
and contracts with no further action required by the Board providing that funds have been budgeted for
these specific purposes.
Additionally, the Procurement Services Director may join other public agencies in cooperative
purchasing organizations and/or agreements if is determined to be in the County's best interest,and if the
consortium agreement has not had prior Board approval. The use of any new cooperative agreement must
be approved by the Board prior to the use of the agreement.
SECTION NINETEEN: Contract Administration.
1. Contract Document: Each procurement of a contractual service or commodity shall be
evidenced by a written document containing all provisions and conditions of the procurement. Said
document shall include,but not be limited to:
a. A listing of the scope of services to be performed or commodities to be
purchased.
b. A provision specifying the criteria and the final date, or number of days, by
which such criteria must be met for completion of the work.
c. A provision specifying the terms of cancellation by the County and where
applicable,a provision specifying the terms of renewal.
d. Where applicable, a provision establishing the appropriate types and levels of
insurance to be carried by the vendor. Said provision shall be employed in a
c.)
23 k
1 7 0
manner consistent with minimum insurance standards approved by the Board of
County Commissioners.
e. A provision requiring the contractor/vendor to inform the County if he/she has
been convicted of a public entity crime subsequent to July 1, 1989.
A purchase order that embodies these provisions shall be sufficient documentation of the
procurement. Except as otherwise provided in this Procurement Ordinance, the Procurement Services
Director shall determine the circumstances under which a Board approved purchase order (and all
documents included by reference)shall serve as the contract document.
2. Contract Manager: Every procurement of services shall be administered by the
requesting Agency/Department.
3. Contracts: Notices that terminate in its entirety a Board-approved purchase or contract
must be approved by the Board of County Commissioners prior to its termination.
a. Modifications to Work Orders, Change Orders, and Amendments issued under a
purchase order or contract that exceed ten percent (10%) of the current Board.
approved aggregate amount, or twenty percent (20%) of the current Board
approved number of days must be approved by the Board.
b. Modifications to Work Orders, Change Orders, and Amendments issued under a
purchase order or contract that do not exceed ten percent (10%) of the current
Board approved aggregate amount, or twenty percent(20%)of the current Board
approved number of days will be reported on the Procurement Services
Administrative Ratification Report and presented to the Board for approval.
c. Modifications to Board approved purchases or contracts by the issuances of the
following, but not limited to, direct material purchases, notices to proceed or
noncompliance, stop work notices, authorization for the use of approved
allowances and reallocation of funds between line items, supplemental
agreements, and changes by letter may be authorized and executed by the
Procurement Services Director without further approval by the Board.
d. All material changes in scope of contracts must be approved by the Board in
advance.
24
i7d
e. Sections 3.a through 3.b shall not be applicable to term contracts, fixed-fee
contracts, or blanket purchase orders where the County desires to procure
commodities and/or services on an as needed basis without having to obligate
itself to a total contract amount. Rather, such purchases shall be based on fixed
unit prices or other predetermined pricing methods and shall be limited in
quantity by the amount of funds appropriated in the budget of the operating
Division(s). Such purchases shall be subject to all other provisions of this
Procurement Ordinance.
The Board shall have broad authority, within the limits of the law, to evaluate and approve any
recommended contract modification without requiring further competition.
4. Contract Extension: Extension(s) of a Board-approved contract for commodities or non-
construction services may be requested by the contract manager to the Procurement Services Director in
writing for a period not to exceed six(6) months (cumulatively) and shall be subject to the same terms
and conditions set forth in the contract, if the extension period is provided for in the Board approved
contract. The Procurement Services Director shall have the authority to authorize and execute all such
extensions,which must be issued prior to the expiration of the contract. Any extension(s)that exceed six
months(cumulatively)shall be approved by the Board of County Commissioners.
5. Contract Renewal: The Procurement Services Director shall authorize and execute
renewals of contracts for commodities and/or services subject to the following conditions:
a. That the Contractor has performed in a satisfactory manner and that the
Procurement Services Director has received a request to renew from the
Contractor or Project Manager verifying the Contractor's satisfactory
performance.
b. That the Board-approved contract pursuant to SECTION ELEVEN Paragraph 14,
provided for a renewal and is renewed subject to the terms and conditions set
forth in the initial contract. Cost and term modifications are addressed in the
original solicitation document and/or resultant contract.
c. That the renewal is done for a set period of time identified in the solicitation
document and/or contract,commencing at the end of the contract period.
ti
15
1 7 0
d. That a contract under the formal competitive threshold with multiple renewal
year option terms may be approved annually by the Procurement Services
Director.
Proposed renewals that fail to meet one or more of the conditions set forth herein will require the
approval of the Board of County Commissioners.
6. Contract Approval: All contracts for commodities and services exceeding SECTION
ELEVEN Paragraph. 14, Formal Competitive Threshold, shall be authorized by the Board of County
Commissioners. Once approved, subsequent purchase orders referencing those Board approved contracts
may be issued by the Procurement Services Director.
Contracts below SECTION ELEVEN Paragraph 14, Formal Competitive Threshold, shall be subject to
the review and approval by the County Attorney staff and signed by the Procurement Services Director.
Purchase orders may be issued by the Procurement Services Director.
7. Work Orders: The Procurement Services Director may execute any work order if the
work order is equal to or below such Board approval parameters for work orders as are set forth in the
Board approved term contract for services under which the work order is generated.
Work orders must be in sufficient detail to audit according to the approved contract.
8. Consent to Assignments of Contract: For all Board approved contracts, the Board of
County Commissioners shall approve all assignments of contracts requested by the predecessor
contracting party.
9. Authority Limitation and Delegation;Promulgation of Procedures:
The Procurement Services Director may delegate to one or more Procurement Services Division
employees any or all aspects of the authority vested in the Procurement Services Director.
All authority to execute documents that is vested pursuant to this Section, in the Procurement
Services Director or any other person shall be subject to the limits of any applicable federal,state or other
law.
10. Payments to Contractors,Vendors and Consultants:
Prior to the execution of a formal contract subject to this Procurement Ordinance, the
Procurement Services Director shall establish a formal payment schedule and payment terms within the
26
4Ab'b a'�e.
G
agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and
the formal solicitation documents.
In accordance with F.S. § 218.735(8),the Procurement Services Director may establish,subject to
Board approval, procedures to reduce to 5% the amount of retainage withheld from each subsequent
progress payment issued to a contractor where applicable. The Procurement Services Director may
establish, in writing, a schedule(s) to further reduce the percentage of cumulative retainage held
throughout the course of the project schedule where warranted and according to law.Recommendation to
reduce the percentage of cumulative retainage shall be subject to the following:
a. That the term "cumulative retainage" is defined to mean "the dollar total of the
funds retained from all payments issued under the contract divided by the gross
dollar total of all monthly pay requests (or the total of all payment amounts
deemed allowable by the project manager,whichever is less)".
b. That any decision to reduce retainage shall be formally communicated in a letter
to the Contractor's representative and that the letter affirmatively states that the
Contractor has performed the contract work in a satisfactory manner.
c. That the cumulative retainage not be adjusted until at least 50% of the work has
been completed and payment has been issued.
d. That the Procurement Services Director's letter expressly sets forth the
percentage of cumulative retainage to be held for the remaining pay requests.
11. The Procurement Services Director may authorize the partial release or payment of
contract retainage to the contractor prior to final completion of all project work provided that:
a. The contractor has performed in a satisfactory manner to date as verified in
writing by the Project Manager.
b. The total aggregate work under the agreement is at least 50% completed and
accepted (i.e.; payments equaling at least 50% of the contract amount less
retainage have been issued).
c. The retainage dollar amount to be released is based upon and consistent with the
prevailing percentage of cumulative retainage being held at the time that the
retainage is released.
x�.
•
27
1 7 0
SECTION TWENTY: Performance and Payment Bonds.
A contractor or vendor shall provide a surety bond from a surety company to guarantee full and
faithful performance of a contract obligation and the payment of labor and material expended pursuant to
a contract whenever, and in such amounts,as required by statute or otherwise as deemed necessary by the
Procurement Services Director. An irrevocable letter of credit from a financial institution operating
within the State of Florida (or other alternative forms of surety as permitted under Florida law) may be
sufficient in place of the performance bond if so provided for in the bid and contract documents. All such
bonds or letters of credit shall be approved as to form by the County Attorney, and held by the Clerk's
Board Minutes and Records Department.
SECTION TWENTY ONE: Unauthorized Purchases.
All purchases made shall be consistent and in compliance with the Procurement Ordinance. Any
purchase or contract made contrary to the provisions hereof and contrary to Florida law shall not be
approved and the County shall not be bound thereby.
SECTION TWENTY-TWO: Prohibition against Subdivision.
No contract or purchase shall be subdivided to avoid the requirements of this Procurement
Ordinance or of State law.
SECTION TWENTY-THREE: Protest of Bid or Proposal Award.
The purpose of this section is to accommodate legitimate protests concerning formal competitive
solicitations and recommended contract awards prior to award of a contract by the Board of County
Commissioners.
1. Any respondent to an IFB, ITN, RFP, IFQ or RPS who alleges to be aggrieved in
connection with the solicitation or award of a contract, (hereafter referred to as "the protesting party")
may protest to the Procurement Services Director, who shall serve as the sole recipient of any and all
notices of intent to protest and all formal protests.
2. With respect to a protest of the terms, conditions and specifications contained in a
solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies,
awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the
protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and
County holidays,after the first publication,whether by posting or formal advertisement of the solicitation.
•
28
1
7
The formal written protest shall be filed within five (5) days of the date the notice of intent is filed.
Formal protests of the terms,conditions and specifications shall contain all of the information required for
the Procurement Services Director, to render a decision on the formal protest and determine whether
postponement of the bid opening or proposaUresponse closing time is appropriate. The Procurement
Services Director's decision shall be considered final and conclusive unless the protesting party files an
appeal of the Procurement Services Director's decision.
3. Any actual bidder or respondent to who desires to protest a recommended contract award
shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar
days, excluding weekends and County holidays, from the date of the initial posting of the recommended
award.
4. All formal protests with respect to a recommended contract award shall be submitted in
writing to the Procurement Services Director for a decision. Said protests shall be submitted within five
(5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to
protest is received by the Procurement Services Director,and accompanied by the fee, as set forth below.
The protesting party must have standing as defined by established Florida case law to maintain a protest.
The formal protest shall contain,but not be limited to the following information:
a. Name and address of County Agency affected and the solicitation number and
title.
b. The name and address of the protesting party.
c. A statement of disputed issues of material fact. If there are no disputed material
facts,the written letter must so indicate.
d. A concise statement of the ultimate facts alleged and of any relevant rules,
regulations,statutes, and constitutional provisions entitling the protesting party to
relief.
e. The protesting party's entitled demand for the relief.
f. Such other information as the protesting party deems to be material to the issue.
The formal protest shall contain all arguments, facts or data supporting and advancing the
protestor's position. Under no circumstances shall the protestor have the right to amend, supplement or 4:
modify its formal protest after the filing thereof.Nothing herein shall preclude the County's authority to
29
171)
request additional information from the protesting party or other bidders or proposers in conjunction with
the review and rendering of decisions on the protest,including any subsequent appeal.
5. In the event of a timely protest of contract award consistent with the requirements of this
section, the Procurement Services Director shall not proceed further with the award of the contract until
all appropriate administrative remedies as delineated under this section have been exhausted or until the
Board of County Commissioners makes a determination on the record that the award of a contract without
delay is in the best interests of the County. During this process, the protesting party shall limit their
communications with the County to the Office of the County Attorney, and neither the protesting party,
their agents or their representatives shall have any private contact or discussions with individual County
Commissioners, the County Manager, other County employees, or any independent hearing officer
(where applicable) regarding the protest except such communications as may be required or permitted
during a hearing, if applicable,or a meeting of the County Commission wherein the solicitation or award
is to be considered.
6. The Procurement Services Director shall review the merits of each timely protest and in
consultation with the Contract Manager and other appropriate County staff, issue a decision stating the
reasons for the decision and the protesting party's rights of appeal under this section. Said decision shall
be in writing and mailed or otherwise furnished to the protesting party. The decision of the Procurement
Services Director shall be final and conclusive unless the protesting party delivers a subsequent written
notice of appeal to the County Manager within Three(3)calendar days, excluding weekends and County
holidays from the date of receipt of the decision.In filing a written objection to the Procurement Services
Director's decision,the protestor shall not introduce new arguments or alter in any other way their protest
submission. An appeal of the Procurement Services Director's decision shall be limited to a review of the
grounds set forth in the formal protest, and no new grounds or arguments will be introduced or
considered.
7. In the event of a subsequent appeal pursuant to subsection F, the County Manager shall
determine whether to appoint an independent Hearing Officer to review the formal protest and the
Procurement Services Director's decision. The Hearing Officer's review shall be limited to the grounds
set forth in the formal protest. The protesting party shall have the burden of proof. The Hearing Officer
shall consider the formal protest,the Procurement Services Director's decision,and supporting documents
and evidence presented at the hearing. In any hearing, irrelevant, immaterial or unduly repetitious
evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent
persons in the conduct of their affairs shall be admissible whether or not such evidence would be
30
171]
admissible in a trial in the courts of Florida. The Hearing Officer may grant the motion of any person
having standing under Florida law to intervene in the proceedings. Persons or parties shall have the right
to be represented by counsel in the proceedings, to call witnesses, and present evidence; provided,
however,that the Hearing Officer shall not have the right to compel attendance of witnesses or to permit
or compel any discovery.
The Hearing Officer will have a maximum of 60 days to schedule and conduct a hearing into the
matter and issue a recommended finding of fact and an opinion in writing to the County Manager or
designee for submission to the Board of County Commissioners. Should the Hearing Officer find in favor
of the County, the protesting party pay, in full, the costs of the Hearing Officer. If the Hearing Officer's
recommended decision is in favor of the protesting party,then the County will assume this cost.
The County Manager's discretion as to whether to appoint a Hearing Officer shall in no way
afford the protestor the right to demand such an appointment or hearing. The decision of a Hearing
Officer on a protesting party's appeal shall be submitted to the Board for its consideration as part of a final
award decision. Nothing herein shall be construed as creating a right of judicial review of the Hearing
Officer's decision, nor shall such decision be binding upon the Board. Additionally, nothing herein shall
be construed as limiting the Board's right to reject any and all bids or proposals.
8. Decisions of the Procurement Services Director and Hearing Officer (where applicable)
will be provided to the protestor prior to the award recommendation being presented to the Board of
County Commissioners. Neither the County Manager's decision nor the Hearing Officer's recommended
decision shall be construed as an award recommendation triggering additional rights of protest pursuant to
this policy. Notwithstanding anything set forth herein to the contrary, the Board of County
Commissioners shall retain the authority to make the final award decision.
9. Failure to file a formal protest within the time and manner prescribed by this policy shall
constitute a waiver of the right to protest by any protesting party as defined by subsection "A" of this
policy.
10. As a condition of filing a formal protest to the Procurement Services Director, the
protesting party shall submit a non-refundable filing fee for the purpose of defraying the costs of
administering the protest. The filing fee shall be submitted with the formal protest. Failure to pay the
filing fee shall result in the denial of the protest.The amount of the filing fee shall be as follows:
res
x
31
1 7 0
Estimated Contract Amount Filing Fee
$250,000.00 or less $500.00
$250,000.01 to$500,000.00 $1,000.00
$500,000.01 to$5 million $3,000.00
$5 million or more $5,000.00
This fee may be modified by Resolution of the Board of County Commissioners.
SECTION TWENTY-FOUR: Contract Claims.
All actual or prospective claims arising against the County from contractors,vendors or any other
party in direct privity with the County to provide goods or services shall first be directly addressed by the
parties' administrative representatives in a manner consistent with the agreement between the parties and
in accordance with the County's procedures Manual.
For any prospective or actual claims or disputes arising under any contract entered into by the
County, the Procurement Services Director must determine the facts of the dispute. All contract claims
should follow the County's Vendor Payment Dispute Resolution Process outlined in SECTION
SIXTEEN
SECTION TWENTY-FIVE: Inspection and Testing.
The Procurement Services Director shall inspect, or supervise the inspection of, or cause to be
inspected,all deliveries of commodities or services to determine their conformance with the specifications
set forth in an order or contract.
1. Inspection by Operating Department: The Procurement Services Director shall authorize
operating departments to inspect, prior to use, all deliveries made to such operating departments under
rules and regulations which the Procurement Services Director shall prescribe.
2. Testing: The Procurement Services Director shall have the authority to require chemical
and physical tests of samples submitted withbids and samples of deliveries which are necessary to
determine their quality and conformance with specifications. In the performance of such tests, the
32
5
1 7 0
Estimated Contract Amount Filing Fee
$250,000.00 or less $500.00
$250,000.01 to$500,000.00 $1,000.00
$500,000.01 to$5 million $3,000.00
$5 million or more $5,000.00
This fee may be modified by Resolution of the Board of County Commissioners.
SECTION TWENTY-FOUR: Contract Claims.
All actual or prospective claims arising against the County from contractors,vendors or any other
party in direct privity with the County to provide goods or services shall first be directly addressed by the
parties' administrative representatives in a manner consistent with the agreement between the parties and
in accordance with the County's procedures Manual.
For any prospective or actual claims or disputes arising under any contract entered into by the
County, the Procurement Services Director must determine the facts of the dispute. All contract claims
should follow the County's Vendor Payment Dispute Resolution Process outlined in SECTION
SIXTEEN
SECTION TWENTY-FIVE: Inspection and Testing.
The Procurement Services Director shall inspect, or supervise the inspection of, or cause to be
inspected,all deliveries of commodities or services to determine their conformance with the specifications
set forth in an order or contract.
1. Inspection by Operating Department: The Procurement Services Director shall authorize
operating departments to inspect, prior to use, all deliveries made to such operating departments under
rules and regulations which the Procurement Services Director shall prescribe.
2. Testing: The Procurement Services Director shall have the authority to require chemical
and physical tests of samples submitted withbids and samples of deliveries which are necessary to
determine their quality and conformance with specifications. In the performance of such tests, the
32
5
17
Procurement Services Director shall have the authority to make use of laboratory facilities of any Agency
of the County or of any contracted outside laboratory.
SECTION TWENTY-SIX: Purchasing Card Program.
The Procurement Services Director shall be responsible for the overall management and operation
of the County's purchasing card program in conformance with the Collier County Administrative
Practices and Procedures Manual. For the purpose of this Procurement Ordinance, a purchasing card is a
credit card officially assigned to specific employees under the purview of the Board of County
Commissioners' agency for the purpose of transacting small and/or strategic purchases. The Procurement
Services Director shall be authorized to assign cards to employees for these purchases. The Procurement
Services Director shall be responsible for establishing the following dollar limits for each assigned card:
1. Single Transaction Limit: Not to exceed $1,000.00 per card unless otherwise authorized
by the Procurement Services Director.
2. Monthly Spending Limit: Not to exceed$10,000.00 per card unless otherwise authorized.
by the Procurement Services Director.
3. Strategic Purchases: The Procurement Services Director may utilize (or delegate the
authority to other Agency staff to utilize)a purchasing card to place orders that exceed the limits set forth
under this section in instances where one or more of the following is true:
a. Where the purchase is to address a valid public emergency;or
b. Where the County will earn revenue through card program rebates; or
c. Where a vendor is requiring the County to order by purchasing card.
4. Sales Tax Compliance: Pursuant to F.S. § 212.08(6), County purchases transacted with
vendors within the State of Florida are exempt from the State sales and use tax.In such instances, it is the
responsibility of the cardholder to provide the vendor with the appropriate tax exemption information
when the card is presented to the vendor.In the event that the cardholder fails to provide the vendor with
the appropriate tax exemption information when the card is presented the cardholder may be responsible
for payment of the tax.
It is the position of the Board that it is not cost effective or in the public interest to require a
cardholder to seek a credit for sales tax collected when the total sale does not exceed$300. In the event
33 �t
1 7 1]
that the total sale exceeds$300,the cardholder's Director is responsible to ensure the tax is returned to the
County for the purchase.
In all such instances, the Procurement Services Director shall ensure that the purchase has been
approved subject to all other provisions of this policy. All fixed assets purchased using a purchasing card
shall be properly reported to the Fixed Assets Section of the Clerk of Courts Finance Division so that it
can be properly recorded.
SECTION TWENTY-SEVEN: Conflict of Interest.
The procurement of goods and services shall comply with all applicable state, local and federal
laws concerning ethics and conflict of interest.
SECTION TWENTY-EIGHT: Debarment and Suspension.
The County Manager may suspend and/or debar vendors, contractors, consultants and other
interested and affected persons from active participation in obtaining County contracts upon approval of
the Board. The purpose of any such action shall be to protect the County's interests and the integrity of the
County's contracting process. The suspension and debarment processes shall be considered to be separate
from and in addition to the award evaluation and vendor performance evaluation processes authorized
elsewhere in this Procurement Ordinance. _
. Definition of Terms: For the purposes of this section, the following terms have been
defined as follows:
a. Affiliate refers to associated business entities or individuals that control or could
control the contractor or are controlled by the contractor or could be controlled
by the contractor.
b. Civil Judgment refers to a judgment or finding of a civil offense by any court of
competent jurisdiction.
c. Contractor means any individual or legal entity that:
(I) Directly or indirectly(e.g.; through an affiliate), submits offers for or is
awarded, or reasonably may be expected to submit offers for or be
awarded, a County contract for construction or for procurement of
commodities and services,including professional services;or
34
17f
(2) Conducts business, or reasonably may be expected to conduct business,
with the County as an agent, surety, representative or subcontractor of
another contractor.
d. Conviction means a judgment or conviction of a criminal offense, felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a
verdict or a plea, and includes a conviction entered upon a plea of nolo
contendere.
e. Debarment means action taken by the County to exclude a contractor from
County contracting and County-approved subcontracting for a reasonable,
specified period as provided herein.
f. Preponderance of the Evidence means proof by information that, compared with
that opposing it, leads to the conclusion that the fact at issue is more probably
true than not.
g. Subcontractor: Any individual or legal entity that offers or agrees to provide
commodities or services to a party deemed to be a contractor under this section.
h. Suspension refers to action taken by the County' Manager to temporarily
disqualify a contractor from County contracting or County-approved
subcontracting pending action of the Board.
2. Suspension: The Procurement Services Director shall recommend to the County
Manager the suspension of a contractor, subcontractor or person from consideration for award of
contracts if there appears to be a reasonable basis for debarment as set forth herein. If a suspension
precedes a debarment, the suspension period shall be considered in determining the debarment period.
The suspension period shall not exceed six (6) months without the approval of the Board of County
Commissioners.
3. Debarment:
a. Causes for Debarment: The prospective causes for debarment include one or
more of the following:
35 ;
1 70
(1) Conviction for commission of a criminal offense as an incident to
obtaining or attempting to obtain a public or private contract or
subcontract,or in the performance of such contract or subcontract.
(2) Conviction under state or federal law of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property,
or any other offense indicating a lack of business integrity or business
honesty which currently, seriously and directly affects responsibility as a
contractor.
(3) Conviction under state or federal antitrust laws arising out of the
submission of bids,proposals or other competitive offers.
(4) Violation(s) of County contract(s) provisions, which is (are) deemed to
be serious and to warrant debarment, including the failure,without good
cause, to perform in accordance with the terms, conditions,
specifications,scope,schedule or any other provisions of the contract(s).
(5) Refusal to provide bonds, insurance or other required coverage and
certifications thereof within a reasonable time period.
(6) Refusal to accept a purchase order, agreement or contract, or perform
accordingly provided such order was issued timely and in conformance
with the solicitation and offer received.
(7) Presence of principals or corporate officers in the business of concern,
who were principals within another business at the time when the other
business was suspended or debarred within the last three(3)years under
the provisions of this section.
(8) Violation of the ethical standards set forth under applicable state or
county laws.
(9) Debarment of the contractor by another public agency.
(10) Submitting false invoices or invoices that mislead, misrepresent the true
costs incurred or falsely identify either a source of material or a provider
of a service.
.�\
36 `''.
1 7 0
(1 1) Any other cause deemed to be so serious and compelling as to materially
affect the qualifications or integrity of the contractor.
b. Procedure:
(1) The county department requesting the suspension or debarment action
shall submit to the Procurement Services Director a written complaint
setting forth the reason(s)for seeking debarment.
(2) The Procurement Services Director shall review the complaint, verify
whether it is compliant with the provision of this Procurement
Ordinance, direct any appropriate changes and forward the complaint to
the contractor.
(3) The contractor shall review the complaint and shall provide a written
response (with supporting documentation) to each allegation. The
response shall be provided to the Procurement Services Director within
ten (10)business days of receipt of the notice of allegations.In the event
that the contractor fails to respond to the complaint within the prescribed
time period, the complaint, as forwarded to the contractor, shall become
an effective suspension or debarment decision without further appeal.
(4) In the event that the contractor files a timely and complete response to
the complaint and the suspension or debarment action is based upon a
conviction, judgment or other event(s) where there is no significant
dispute over material facts, the Procurement Services Director shall
determine the period of debarment on the basis of the undisputed
material information set forth or referenced in the complaint, the
contractor's reply and the parameters set forth in this section. In the event
that the Contractor objects to the Procurement Services Director's
recommendation, the Contractor shall have a maximum of three (3)
business days to file an appeal of the debarment decision with the
Procurement Services Director. The appeal will be forwarded to and
considered by the County Manager,who will review the record compiled
by the initiating department and the contractor. Should the County
37
Manager overturn the Procurement Services Director's decision; the
County Manager shall formally cite the reasons for doing so.
(5) In the event that the contractor files a timely and complete reply to the
complaint and where the facts are in dispute, the Procurement Services
Director will convene a committee (hereinafter referred to as "the
committee") consisting of at least three individuals who will review the
complaint and the contractor's reply. The County Manager shall
formally appoint the committee, which will generally consist of county
employees, none of whom shall be a member of the department initiating
the complaint. At the discretion of the County Manager,a member from
private industry with a particular area of relevant expertise may be
appointed to the committee, provided that this member is not a direct or
indirect competitor of the firm in question. The Office of the County
Attorney shall appoint a representative to attend the committee's review
of the findings. The representative shall not be considered a voting
member of the committee, but shall be available to provide legal counsel
to the committee as necessary. All members appointed to serve on the
debarment committee shall disclose, to the Procurement Services
Director any actual or prospective conflicts of interest at the time of
appointment or at the time in which the member becomes aware of the
actual or prospective conflict.
(6) The Procurement Services Director shall chair the committee and serve
as the Procurement Department's representative to the committee. The
Procurement Services Director shall preside over and facilitate the
deliberations of the committee as a non-voting member and serve as the
County's liaison to the Contractor. All voting committee members are
prohibited from having any communication regarding the issue outside
the committee deliberations with any of the parties involved in the
specific suspension or debarment or their representatives until after the
committee decision has been issued or, in the event of an appeal of that
decision by the contractor,until the conclusion of the appeal process. All
committee deliberations are subject to F.S. §286.01.1.
38
Manager overturn the Procurement Services Director's decision; the
County Manager shall formally cite the reasons for doing so.
(5) In the event that the contractor files a timely and complete reply to the
complaint and where the facts are in dispute, the Procurement Services
Director will convene a committee (hereinafter referred to as "the
committee") consisting of at least three individuals who will review the
complaint and the contractor's reply. The County Manager shall
formally appoint the committee, which will generally consist of county
employees, none of whom shall be a member of the department initiating
the complaint. At the discretion of the County Manager,a member from
private industry with a particular area of relevant expertise may be
appointed to the committee, provided that this member is not a direct or
indirect competitor of the firm in question. The Office of the County
Attorney shall appoint a representative to attend the committee's review
of the findings. The representative shall not be considered a voting
member of the committee, but shall be available to provide legal counsel
to the committee as necessary. All members appointed to serve on the
debarment committee shall disclose, to the Procurement Services
Director any actual or prospective conflicts of interest at the time of
appointment or at the time in which the member becomes aware of the
actual or prospective conflict.
(6) The Procurement Services Director shall chair the committee and serve
as the Procurement Department's representative to the committee. The
Procurement Services Director shall preside over and facilitate the
deliberations of the committee as a non-voting member and serve as the
County's liaison to the Contractor. All voting committee members are
prohibited from having any communication regarding the issue outside
the committee deliberations with any of the parties involved in the
specific suspension or debarment or their representatives until after the
committee decision has been issued or, in the event of an appeal of that
decision by the contractor,until the conclusion of the appeal process. All
committee deliberations are subject to F.S. §286.01.1.
38
171 it
(7) Where the material facts are in dispute, the committee shall evaluate the
evidence,judge the credibility of witnesses and base its decision upon
the preponderance of the evidence. Should the contractor fail to appear at
the hearing,the contractor shall be presumed to be unresponsible and or
non-responsive and shall be subject to suspension or debarment. The
committee decision shall be by a majority vote of those voting members
in attendance. The committee shall be the sole trier of fact. In the event
that the committee decides to impose a debarment, the decision will
formally include,but not be strictly limited to the following information:
(i) The specific reasons for the action;
(ii) The scope of the debarment;and
(iii) The period of debarment, including the effective and expiration
dates.
The committee's decision shall be issued in writing within 20
business days of the conclusion of the hearing unless the
committee extends this period for good cause.
(8) The Procurement Services Director shall forward the committees
decision to the contractor and affiliates involved. Should the contractor
object to the committee's decision, the contractor shall have a maximum
of three (3) business days to file an appeal of the decision with the
Procurement Services Director. The appeal will be forwarded to and
considered by the County Manager,who will review the record compiled
by the initiating department, the contractor and the committee. Should
the County Manager overturn the committee's decision; the County
Manager shall formally cite the reasons for doing so.
Final recommendation for debarment shall be approved by the Board.
c. Debarment Period:
(1) The committee shall recommend the period of debarment. The
debarment period shall be commensurate with the severity of the cause(s)
and approved by the Board.
39 �"
1 70
(2) The committee (having the same or different composition) may
recommend to the Board a reduction in the debarment period upon a
written request from the contractor to do so,based on one or more of the
following reasons:
(i) Newly discovered material evidence;
(ii) A reversal of the conviction,civil judgment or other action upon
which the debarment was based;
(iii) Bona fide change in ownership or management;
(iv) Elimination of other causes for which the debarment was
imposed;or
(v) Other reasons that the committee might deem appropriate.
The contractor's request shall be submitted to the Procurement Services
Director in writing and shall be based on one or more of the
aforementioned reasons.
3. The decision of the Board regarding a reduction of the debarment period
is final and not subject to appeal.
d. The Effects of Debarment:
(1) Debarred contractors are excluded from receiving County contracts.
Departments shall not solicit offers from, award contracts to, or consent
to subcontractors with debarred contractors. Debarred contractors are
excluded from conducting business with the County as agents,
representatives,subcontractors or partners of other contractors.
(2) The Procurement Services Division shall maintain a list of firms placed
under a Suspended or Debared category and shall make that list known
as a public record.
(3) Divisions may not renew or otherwise extend the duration of current
contracts with debarred contractors in place at the time of the debarment
unless the Board determines that it is in the best interests of the County
40 c 7t
1 7 0
to allow the contractor to continue or finish the work within an
additional, limited period of time.
(4) When a debarred contractor is proposed as a subcontractor for any
subcontract subject to County approval, the department shall not consent
to subcontracts with such contractors.
(5) The County shall not be responsible for any increases in contract costs or
other expenses incurred by a contractor as a result of rejection of
proposed subcontractors, provided that the subcontractor was debarred
prior to the submission of the applicable bid or proposal offer.
e. The Scope of Debarment: Debarment applies to all officers, Directors, Managers,
principals,Procurement Services Directors,partners, qualifiers,divisions or other
organizational elements of the debarred contractor,unless the debarment decision
is limited by its terms to specific divisions, organizational elements or
commodity/services. The committee's decision includes any existing affiliates of
the contractor if they are specifically named and are given written notice of the
proposed debarment and an opportunity to respond. Future affiliates of the
contractor are subject to the pre-existing terms of the committee's decision.
SECTION TWENTY-NINE: Waiver of Ordinance.
The Board of County Commissioners shall have the authority to waive any and all Procurement
Ordinance provisions within lawful guidelines and upon formal Board action.
SECTION THIRTY: 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 the 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 THIRTY-ONE: 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 re-numbered or re-lettered
to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
41
1 7 D
SECTION THIRTY-TWO: 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 ,2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk ,CHAIRMAN
Approved as to form and legality:
Scott R.Teach
Deputy County Attorney
61401
42
1 70
Teresa L. Cannon
To: NeetVirginia
Subject: RE: Emailing - 6202.pdf
Thank you, I will send the proof as soon as I receive it.
From: NeetVirginia [mailto:VirginiaNeet@colliergov.net]
Sent:Tuesday, February 28, 2017 9:05 AM
To: Minutes and Records<MinutesandRecords@collierclerk.com>
Cc: Herrera, Sandra <sandraherrera@colliergov.net>;Teresa L. Cannon <Teresa.Cannon@collierclerk.com>
Subject: Emailing-6202.pdf
Amendment to Purchasing Ordinance—copied from today's agenda.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax(239) 252-6600
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
1 7 0
Account #027354
February 28, 2017
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
RE: Amending Ordinance 2013-69 (Purchasing Ordinance)
Dear Legals:
Please advertise the above referenced Legal Notice on Friday, March 3, 2016,
and send the Affidavit of Publication with charges involved, to this office.
Thank you.
Sincerely,
Teresa Cannon,
Deputy Clerk
P.O. #4500171993
1713
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, March 14, 2017, in the
Boardroom, Third Floor, Administration Building, Collier County
Government Center, 3299 Tamiami Trail East, 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 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 2013-69, AS AMENDED, KNOWN AS THE
COLLIER COUNTY PROCUREMENT ORDINANCE, IN ORDER TO ADD PROCUREMENT
METHODS, ESTABLISH EXEMPT PROCUREMENT CATEGORIES, AND TO UPDATE AND
CLARIFY OTHER PROVISIONS OF THE ORDINANCE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance is on file with the Clerk to the
Board and are 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 the presentation of the agenda
item(s) 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 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
to 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 are a person with a 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
1 7 13
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
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
1 713
Teresa L. Cannon
From: Teresa L. Cannon
Sent: Tuesday, February 28, 2017 9:34 AM
To: Naples Daily News Legals; Gori,Ivonne (ivonne.gori@naplesnews.com)
Subject: Amending Ord 2013-69
Attachments: Amending 2013-69 (BCC 3-14-17).doc; Amending Ord. 2013-69 (3-14-17).doc
Lega Is,
Please advertise the attached Legal Ad on Friday, March 3, 2017.Thanks
Teresa Cannon, BMR Senior Clerk
Minutes & Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon@collierclerk.com
1
1713
Teresa L. Cannon
From: Gori, Ivonne <Ivonne.Gori@naplesnews.com>
Sent: Tuesday, February 28, 2017 9:47 AM
To: Teresa L. Cannon
Subject: RE: Amending Ord 2013-69
Confirmed receipt.
From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com]
Sent:Tuesday, February 28, 2017 9:34 AM
To: NDN-Legals<legals@naplesnews.com>; Gori, Ivonne<Ivonne.Gori@naplesnews.com>
Subject:Amending Ord 2013-69
Legals,
Please advertise the attached Legal Ad on Friday, March 3, 2017.Thanks
Teresa Cannon, BMR Senior Clerk
Minutes & Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon@collierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be
used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take
any action induced by or in reliance on information contained in this message.
Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error,please notify the Clerk's Office by emailing helpdeskPcollierclerk.com quoting
the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any
onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records
request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing.
1
1713
Teresa L. Cannon
From: ivonne.gori@naplesnews.com
Sent: Tuesday, February 28, 2017 1:08 PM
To: Teresa L. Cannon
Cc: Ivonne Gori
Subject: Ad: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
Attachments: OFFICEOFTH-20-1509543-1.pdf
Attached is the document you requested. Please review and let us know if you have any questions. Thank you.
Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network
0: 239.213.6061
F: 239.263.4307
E:ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
1
> Ad Proof 1
neo ahLNrWS
Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com
Date:02/28/17 This is a proof of your ad scheduled to run on the dates indicated below
Account Number.525058(N027354) Please confirm placement prior to deadline by contacting your account
Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)262-3161.
Ad Id:1509543 P.O.No.:45-171993 Total Cost:$387.15
Contact Name:
Email:sherimalcolm@colliergov.net Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN
Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:03/03/17 Stop Date:03/03/17
Phone:(239)252-8400 Fax:(239)774-0225 Number of Times:1 Class:16180-Notice
Publications:ND-Naples Daily News,ND-Internet-naplesnews.com
I agree this ad is accurate and as ordered.
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday.March 14.2017,in the
Boardroom,Third Floor,Administration Building,Collier County
Government Center,3299 Tamiami Trail East,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 OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO.2013-69,
AS AMENDED,KNOWN AS THE COLLIER COUNTY PROCUREMENT
ORDINANCE, IN ORDER TO ADD PROCUREMENT METHODS,
ESTABLISH EXEMPT PROCUREMENT CATEGORIES, AND TO
UPDATE AND CLARIFY OTHER PROVISIONS OF THE ORDINANCE;
PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES;AND
PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance is on file with the Clerk to the
Board and are 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 administratorrlar to the presentation
of the agenda item(s)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
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 to 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 are aperson with adisability who needsany accommodation
in order to participate in thisproceeding,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
PENNY TAYLOR,CHAIRMAN
DWIGHT E.BROCK,CLERK
By:Teresa Cannon,Deputy Clerk
(SEAL)
March 3,2017 No.1509543
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat-
egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past
the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may
be pro-rated for the remaining full days for which the ad did not run.
1ETeresa L. Cannon ?
To: NeetVirginia
Subject: FW: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
Attachments: OFFICEOFTH-20-1509543-1.pdf
Please review.Thanks
Original Message
From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com)
Sent: Tuesday, February 28, 2017 1:08 PM
To: Teresa L. Cannon <Teresa.Cannon@collierclerk.com>
Cc: Ivonne Gori<ivonne.gori@naplesnews.com>
Subject: Ad: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
Attached is the document you requested. Please review and let us know if you have any questions. Thank you.
Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network
0: 239.213.6061
F: 239.263.4307
E:ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
1
1
Teresa L. Cannon
From: NeetVirginia <VirginiaNeet@colliergov.net>
Sent: Tuesday, February 28, 2017 3:44 PM
To: Teresa L. Cannon
Subject: FW: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
See note below regarding typo.
Thank you!!
Dinny
Original Message
From:TeachScott
Sent: Tuesday, February 28, 2017 3:43 PM
To: NeetVirginia
Subject: RE: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
Good to go.
Scott R.Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8400
Fax: (239) 252-6300
Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Original Message
From: NeetVirginia
Sent:Tuesday, February 28, 2017 2:33 PM
To:TeachScott
Subject: FW: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
For your approval. I checked the title against the version on the Agenda. Except for a correction to "Copies of the
proposed ordinance "are" on file . . ., it looks ok. Scheduled to run 10 days prior to the 3/14/17 hearing date.
Dinny
Original Message
From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com]
Sent:Tuesday, February 28, 2017 1:11 PM
1
1 7
D
Teresa L. Cannon
From: Teresa L. Cannon
Sent: Tuesday, February 28, 2017 3:55 PM
To: 'ivonne.gori@naplesnews.com'
Subject: RE: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
Attachments: Amending Ord. 2013-69 (3-14-17).doc
Hi Ivonne,
There is one small correction. I have attached a copy of where the correction needs to be...in the third paragraph.
Thanks
Original Message
From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com]
Sent:Tuesday, February 28, 2017 1:08 PM
To: Teresa L. Cannon <Teresa.Cannon@collierclerk.com>
Cc: Ivonne Gori<ivonne.gori@naplesnews.com>
Subject: Ad: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
Attached is the document you requested. Please review and let us know if you have any questions. Thank you.
Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network
0: 239.213.6061
F: 239.263.4307
E:ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
1
1 7 0
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, March 14, 2017, in the
Boardroom, Third Floor, Administration Building, Collier County
Government Center, 3299 Tamiami Trail East, 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 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 2013-69, AS AMENDED, KNOWN AS THE
COLLIER COUNTY PROCUREMENT ORDINANCE, IN ORDER TO ADD PROCUREMENT
METHODS, ESTABLISH EXEMPT PROCUREMENT CATEGORIES, AND TO UPDATE AND
CLARIFY OTHER PROVISIONS OF THE ORDINANCE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are 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 the presentation of the agenda
item(s) 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 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
to 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 are a person with a 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
1 7 0
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
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
170
Teresa L. Cannon
From: ivonne.gori@naplesnews.com
Sent: Tuesday, February 28, 2017 4:36 PM
To: Teresa L. Cannon
Cc: Ivonne Gori
Subject: REVISED Ad: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
Attachments: OFFICEOFTH-40-1509543-1.pdf
Attached is the document you requested. Please review and let us know if you have any questions. Thank you.
Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network
0: 239.213.6061
F: 239.263.4307
E:ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
1
17D
> Ad Proof
? apLr 'iBiIaiLij � w6
Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com
—‘11=111111111 ---- —‘11111311P
Date:02/28/17 This is a proof of your ad scheduled to run on the dates indicated below.
Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account
Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)262-3161.
Ad Id:1509543 P.O.No.:45-171993 Total Cost:$387.15
Contact Name:
Email:sherimalcolm@colliergov.net Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN
Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:03/03/17 Stop Date:03/03/17
Phone:(239)252-8400 Fax:(239)774-0225 Number of Times:1 Class:16180-Notice
Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com
I agree this ad is accurate and as ordered.
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday.March 14.2017 in the
Boardroom,Third Floor,Administration Building,Collier County
Government Center,3299 Tamiami Trail East,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 OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO.2013-69,
AS AMENDED,KNOWN AS THE COLLIER COUNTY PROCUREMENT
ORDINANCE, IN ORDER TO ADD PROCUREMENT METHODS,
ESTABLISH EXEMPT PROCUREMENT CATEGORIES, AND TO
UPDATE AND CLARIFY OTHER PROVISIONS OF THE ORDINANCE;
PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES;AND
PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to
the Board and are 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 administratornor to the presentation
of the agenda item(s)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
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 to 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 are aperson with adisability 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
PENNY TAYLOR,CHAIRMAN
DWIGHT E.BROCK,CLERK
By:Teresa Cannon,Deputy Clerk
(SEAL)
March 3,2017 No.1509543
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat-
egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past
the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may
be pro-rated for the remaining full days for which the ad did not run.
1 7
a
Teresa L. Cannon
From: NeetVirginia <VirginiaNeet@colliergov.net>
Sent: Tuesday, February 28, 2017 4:42 PM
To: Teresa L. Cannon
Subject: RE: REVISED Ad: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
Great. Thank you!
Original Message
From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com]
Sent: Tuesday, February 28, 2017 4:41 PM
To: NeetVirginia
Subject: FW: REVISED Ad: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
Revised
Original Message
From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com]
Sent:Tuesday, February 28, 2017 4:36 PM
To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com>
Cc: Ivonne Gori<ivonne.gori@naplesnews.com>
Subject: REVISED Ad: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
Attached is the document you requested. Please review and let us know if you have any questions. Thank you.
Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network
0: 239.213.6061
F: 239.263.4307
E:ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
1 70
Teresa L. Cannon
To: ivonne.gori@naplesnews.com
Subject: RE: REVISED Ad: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
Ad looks good, ok to run!
Original Message
From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com]
Sent:Tuesday, February 28, 2017 4:36 PM
To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com>
Cc: Ivonne Gori<ivonne.gori@naplesnews.com>
Subject: REVISED Ad: 1509543, NOTICE OF INTENT TO CONSIDER ORDINAN
Attached is the document you requested. Please review and let us know if you have any questions. Thank you.
Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network
0: 239.213.6061
F: 239.263.4307
E:ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
1
1 7 0
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, March 14,2017, in the
Boardroom,Third Floor,Administration Building,Collier County
Government Center,3299 Tamiami Trail East,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 OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO.2013-69,
AS AMENDED,KNOWN AS THE COLLIER COUNTY PROCUREMENT
ORDINANCE, IN ORDER TO ADD PROCUREMENT METHODS,
ESTABLISH EXEMPT PROCUREMENT CATEGORIES, AND TO
UPDATE AND CLARIFY OTHER PROVISIONS OF THE ORDINANCE;
PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to
the Board and are 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 the presentation
of the agenda item(s) 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
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 to 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 are a person with a 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
PENNY TAYLOR,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Teresa Cannon,Deputy Clerk
(SEAL)
March 3,2017 No.1509543
170
, ... ,.4r
apLrø Battu
NaplesNews.com
Published Daily
Naples,FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that
he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier Coun-
ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published
in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published
at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published
in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as
second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre-
ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid
nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Customer Ad Number Copyline P.O.#
OFFICE OF THE COUNTY ATTORNEY 1509543 NOTICE OF INTENT TO 45-171993
Pub Dates
March 3,2017
t
(Sign ure of affiant)
Sworn to and subscribed before me I •�. 'r"J►�;., IVONNE GORI
This March 10 2017 I , Notary Public-State of Florida 0
I •3k•'1 Commission 0 FF 900570 f
I a`� ' My Comm.Expires Jul 16,2019
IN_
Bonded through National Notary Assn.
(Signatur of affiant) '
22D Friday,March 3,2017 Naples Daily News R
-' Ltt cc. N Brodi N t'co Of Sale
y: having
T. c or rs / j
I 7
SELL YOURPREAAC1992 UT0 MANOR Block according
Governnnenthe omlple,County gy:Deputy C withANNEXtoIagainstcopy decedenth estate, is ale key
Winter Meet the Plat thereof as recorded Tamiami Trail East,Naples, disability who needs whom a copy of this notice is
March 201T Plat Book I, Pages(s) Florida 34112,County of Collier accommodation order required to be served must
Have your collector car 110,of the Public Records f in said Circuit, and show to participate in1ea court file their claims with this
seen by collectors from Collier County,Florida, cause,if any there be,why proceeding or other court court WITHIN THE LATER OF •
All over the country. has been filed against you and the prayers of said Complaint service,program,or activity, 3 MONTHS AFTER THE TIME +d'1 selling
CALL WAYNE(239)272-5194 you are required to serve a for the validation of the Bonds you are entitled,at no cost OF THE FIRST PUBLICATION to
copy of your written defenses, should not be granted and to you,to the provision of OF THIS NOTICE OR 30 DAYS
STEARNS MOTORS if any, to it on Thomas the Bonds,the proceedings certain assistance, Requests AFTER THE DATE OF SERVICE
MOST TRUSTED K. Rinaldi, the plaintiff's therefore,and other matters for accommodations may be OF A COPY OF THIS NOTICE ON
BUYER Since 1977. attorney, whose address is set forth in said Complaint, presented on this form,in THEM. RI �7r Car
All Vehicles wanted 4001 Tamiami Trail North, should not be validated as another written format, or All other creditors J
Rod or Jim(239)774-7360 Suite 250, Naples, Florida Prayed for in said Complaint. orally. Pease complete the of the decedent and other
34103 within thirty(30)days IT IS FURTHER attached form and return it to persons having claims or �I ,
Auto Parts&Ace of first publication in the ORset for Dthat prior to the date mrddleore cacchedulrg demands against decedent's TUTG]WMlAC71
Naples Daily News,and file the set for the hearing on said days before your scheduled estate,must file their claims
CORVETTE CAR COVER,('98- original with the clerk of this Complaint for validation,the court appearance or other with this Court WITHIN 3
'04 cone.),new,never used, court either before service Clerk of this Court shall cause court activity. Upon request MONTHS AFTER THE DATE OF
$49(new$100)239.672-2786 on the plaintiff's attorney a Copy of this Notice and Order by a qualified individual with THE FIRST PUBLICATION OF here
TRU-CENTER/BLUE OX R.V. or Immediately thereafter; to be published in a newspaper a disability, this document THIS NOTICE.
Stabilizer kit w/ADJ Bratvket otherwise a default will published and of general -11 be made available in an ALL CLAIMS NOT
&wiring housing brand 095. be entered against you for circulation in Collier County, alternate format. If you need FILED WITHIN THE TIME
(239)352.8216. the relief demanded in the being the County wherein assistance in completing this PERIODS SET FORTH IN
complaint or petition. said Complaint for validation form due to your disability, SECTION 733.702 OF THE
Dated on February 7,2017. is filed,at least once each or to request this document FLORIDA PROBATE CODE WILL Wheels/Recreation
/� DWIGHT E.BROCK week for two(2)consecutive in an alternate format,please BE FOREVER BARRED.
Announcements •N COLLIER COUNTY CIRCUIT weeks,commencing with the contact Mark Middlebrook, NOTWITHSTANDING
COURT first publication which shall Admin,Svc.Mgr. (239)252- THE TIME PERIODS SET FORTH
Clerk of the Court not be less
than twenty(20) 8800,a-mal mmrddlebrook@ ABOVE, ANY CLAIM FILED
By:/s/ TWO (2) YEARS OR MORE
AstriciaDeputy Clerk hy said hearing.lT the
ls date set for FURTNER Irue RE coEt CERTIFY p that
th0 OF DEATH IS BARRED.DECEDENT'S DATE
Pr.iyc rs Bond, Schoeneck, & King, Y
PLLC, ORDERED that by such foregoing was mailed to the The date of first
HOLY SPIRIT.You who makesAttn:Thomas K.Rinaldi,Eso publication of this Notice and following mailing list: publication of this notice is
mL see everything and who
shows me the way an reach 4001 Tamiami Trail North, Order,the State of Florida, MARINOSCI LAW GROUP,P.A. arch 3,2017.
101°10
ideal.You who give me Suite#250 and the Several taxpayers, ATTORNEY FOR PLAINTFF
mye divine gift to forgive Naples,FL 34103 property owners and citizens 100 WEST CYPRESS CREEK Attorney for Personal
and divine the wrongthat Phone:(239)659-3866 of the District,including non- ROAD.SUITE 1045 Representatives
Fax:(239)659-3812 residents owning property or FORT LAUDERDALE,FLORIDA /s/DON A.LINZER,ESQ.
is done to me,and You who February 10,17,24 and March subject to taxation therein, 33309 FL Bar No.:0284548
are in all instances of my 3,2017 No.1481796 and others having or claiming (9541644-8704 One PPG Place,Ste.1710
life with me.I,in this short any rights,title or interest in February 24 and March 3,2017 Pittsburgh,PA15222
dialogue,want to thankou 2017-CA-000212 property to be affected by the No.1490014 (412)281-2870
for everything and confirm IN THE CIRCUIT COURT OF issuance of the Bonds or to be
once more that I want never THE TWENTIETH JUDICIAL affected thereby shall be and Personal Representative:
to be separated from You CIRCUIT OF THE STATE OF are made party defendants to NOTICE OF PUBLIC SALE /s/ KENNETH E. WRIGHT, Place your
no
desire my be.Iat wanttto FLORICOUNTY.FLORIDA IN AND FOR COLLIER this Court shalldihave jurisdictioand that n Executor
HOOKEDTOWING LLC ure of q VaytHollow Road
bees t you
and My
glory. GENERAL CIVIL DIVISION of them to the same extent as Llensandtl ntentce of FtoeseII these Sewickley,PA 15143 ad online at
Amen. CASE NO:2017-CA-000212 if specifically and personally vehicles on 03/17/2017,08:00 March 3&10,2017 No.1503189
named as defendants in said
Thank you for your lolove ved ORANGE BLOSSOM GROVES Complaint and personally STE A Nam at APLES47 FL
FAC 34104E
towards me and m COMMUNITY DEVELOPMENT served with process
ones.Pray this prayer three Process In this 0203,pursuant to •subsection
consecutive days DISTRICT, a local unit of cause. 713.78 of the Florida Statutes. �mere'sn0P#080kehefe! tiS
Y special-purpose government DONE AND ORDERED
G
asking for your wish.After organized and existing under t the Courthouse Collier GETTING reserves the ightKED llto Reach the locals!
the third da the laws of the State of Florida, County,Florida,this i27dayof r Naples Daily NewsLocalfieds
will be granted no matter Plaintiff, February,2017. accept or reject any and/or
how difficult it m be.Then y all bids.
promise to
/s/Lauren r Brodie
prayer as soon as your favorCircuit Cort Lauren L.Brodie 1GNTIAC 12F258135 2002 Request for Bids Request for Bids
IsTHE STATE OF PROP RTY MarCircch &10, 07e 1HOCGC
I5 granted. 1M THE TAXPAYERS, PROPERTY Marchi 10,2017 No.1510166 1HGCG5642YA091554 2000 INVITATION TO BID
OWNERS AND CITIZENS OF BLIND AND DRAPERY CORNER HONDA The School Board of Collier Count Florida,will accept Sealed
/\ ORANGE BLOSSOM GROVES NOTICE OF INTENT March 3,2017 No.1513822 y'
0 K 0 COMMUNITY DEVELOPMENT TO REGISTER FICTITIOUS Ihesae noted ce to the Director of Purchasing until 2:00 p.m.on
Legals DISTRICT, INCLUDING NAMEhe date below for.
NON-RESIDENTS OWNING N,,nct.To Cr.CrCu:: TITLE p
PROPERTY OR SUBJECT NOTICE OF ACTION 11-2017-CP-66 87094 Sports Officials March 21K2017
TO TAXATION THEREIN,
Nand.. AND OTHERS HAVING ORIN THE CIRCUIT COURT FOR
CLAIMING ANY RIGHTS,TITLE Notice Under Fictitious Name COLLIER COUNTY,FLORIDA Scope of work and requirements i http://www.
11-2017-CP-66 OR INTEREST IN PROPERTY Law Pursuant to Section PROBATE DIVISION demandstar.com/supplier/bits/agency_inc/bid list.
865 09 TWENTIETH UDICIIALIN THE CIRCUIT ROF THE CIRCUIT S BE EOF AFFECTED BY THE NOTICE ISIOHEREBY Statutesrida GIVEN IN RE:NESTATE I OFPOANN co-66 rn/Page/7979 or calls at 239.377.00mi=10202 or 47//www.collierschools.
IN AND FOR COLLIER COUNTY, ISSUANCE OF THE BONDS that the undersigned,Dandy KEMP,Deceased.
FLORIDA PROBATE DIVISION HEREIN DESCRIBED. OR TO Lifestyle Company desiring Division Probate The School Board of Collier County,Florida
File No.11-2017-CP-66 BE AFFECTED IN ANY WAY to engage in business under g
THEREBY, u: rintr.dent f Patton
IN RE: ESTATE OF JOANN Defendants. the fictitious name Blind NOTICE TO CREDITORS Superintendent of Schools
KEMP,Deceased. and Drapery Corner located Authorized by:
t 1000 N Collier Blvd.,#7,in The administration David NaraDirector of Purchasing
NOVICE OF ADMINISTRATION NOTICE AND ORDER TO SHOW the County of Collier,in Marco of the Estate offJOANN 3N KEMP, March 2&3,2017 No.1509618
(Testate) CAUSE Island,Florida 34145,intends deceased, whose date of
TOTHESTATEOFFLORIDA,AND to register the said name with death was December 31, Noticc Nell;e
The administration THE TAXPAYERS,PROPERTYthe Division of Corporations 2016,is pending in the Circuit
of the estate of JOANN KEMP, OWNERS AND CITIZENS OF of the Florida Department of Court for Collier County, LEGAL NOTICE
deceased: is pending in ORANGE BLOSSOM GROVES State, Tallahassee, Florida. Florida,Probate Division;File
the Circuit Court for Collier COMMUNITY DEVELOPMENT Dated at Naples, Florida, Number 11-2017-CP-66; the Notice is hereby given that the NaplesggPlanning Advisory Board
CountDivision,the address of which BLIND AFebruarND 14DRAPERY CORNER 413044,Nap les,FL 341 2 The Mar March
2017e in City 0Council9Chambe s;35 E Eighth Street
te DISTRICT, INCLUDING p which P.O. Box at
is P.O.Box 413044, Naples, PROPERTY OR SUBJECT LTO March 3,2017 No.1509962 names and addresses of the South,Naples,Florida,34102 to discuss:THE CITY OF NAPLES
FL 34101. The estate is TAXATION THEREIN, AND TRAINING LEADER Personal Representatives and COMPREHENSIVEPLAN TRANSPORTATION ELEMENT
testate and the date of the OTHERS HAVING OR CLAIMING NOTICE OF INTENT the Personal representative's
decedent's Will is January ANY RIGHT, TITLE OR TO REGISTER FICTITIOUS attorney are set forth below. ALL INTERESTED PARTIES ARE INVITED TO APPEAR AND BE
10,2012,and the date of the INTEREST IN PROPERTY TO BE NAME All creditors of the HEARD.
decedent's First Codicil to the AFFECTED BY THE ISSUANCE decedent and other persons
Will is April 12,2012. The OF ORANGE BLOSSOM NOTICE OF ACTION having claims or demands Any person who decides to appeal any decision made by this
names and addresses of the GROVES COMMUNITY against decedent's estate,on Boardwith respect toaey matterconsideredatthisheannowill
personal representative and DEVELOPMENT DISTRICT Notice Under Fictitious Name whom a copy of this notice is nee eco- 1 e prate cgs an ma to ensur thq(
the personae representative's (COLLIER COUNTY,FLORIDA) Law Pursuant to Sectionrequired to be served must a verbatim record is made which ret,rd icludes the testi
attorney are set forth below. CAPITAL IMPROVEMENT 865.09, Florida Statutes ile their claims with this an,eel-encs a-on wt3,'EI, ea roto ea•.Any person
Any interested REVENUE BONDS OR TO BE NOTICE IS HEREBY GIVEN court WITHIN THE LATER OF w a•isa.i I y requiring au a ai•s an services forrth s
person on whom this notice of AFFECTED THEREBY: that the undersigned,Must 3 MONTHS AFTER THE TIME seting may call the City Clerk's office at 213-1015 rwith requests
administration is served who Have Info, Inc.,desiring to OF THE FIRST PUBLICATION at least two business days before the meeting date.
challenges the validity of the The above cause engage in business under the OF THIS NOTICE OR 30 DAYS
II and codicil,qualifications s comes to be heard upon the fictitious name of Training AFTER THE DATE OF SERVICE James Krell,Chairman
of the personal representative, Complain filed herein byLeader located at 1854 Trade OF A COPY OF THIS NOTICE ON
venue,or jurisdiction of the the Orange Blossom GroveCenter Way,Suite 201,in the THEM. NAPLES PLANNING ADVISORY BOARD
court is rquired to file an Community Development County of Collier,in Naples, All other creditors March 3,2017 No.1512924
objection with the court in District in the County of Collier, Florida 34109, intends to of the decedent and other
the manner provided in the State of Florida,seeking to register the said name with Persons having claims or Noticc Noticc
Florida Probate Rules within determine the authority the Division of Corporations demands against decedent's
the time required by law or of said District to issue its of the Florida Department of estate,must file their claims NOTICE OF INTENT TO CONSIDER ORDINANCE
those objections are forever Orange Blossom Groves State, Tallahassee, Florida. with this Court WITHIN 3
barred. Community Development Dated at Naples,Florida,Date MONTHS AFTER THE DATE OF Notice is hereby given that on Tuesday March W. 017 in the
Anyx person District Capital Improvement February 28,2017. THE FIRST PUBLICATION OF Boardroom,Third Floor,Administration budding,Collier County
enitled to exempt property Revenue Bonds(the"Bonds"), TRAINING LEADER THIS NOTICE. Government Center,3299 Tamiami Trail East,Naples,Florida,the
s required to file a petition in an aggregate amount not March 3,2017 No.1511269 ALL CLAIMS NOT Board of County Commissioners,will consider the enactment of
for determination of exempt to exceed $13,470,000, to FILED WITHIN THE TIME a County Ordinance.The meeting will commence at 9:00 A.M.
property
WITHIN
LAWTHE
OR TIME
THE determine the legality of the PERIODS SET FORTH IN The title of the proposed Ordinance is as follows:
PROVIDEDSECTION 733.702 OF THE
RIGHT TO EXEMPT PROPERTY erOcon eictionhtherewith,anA N,�rlcr O(S.,It•
FLORIDA PROBATE CODE WILL
IS DEEMED WAIVED. A the legality of the provisions, 2015-CA-1354 BE FOREVER BARRED. AN ORDINANCE OF 7HE BOARD OF COUNTY COMMISSIONERS OF
surviving spouse seeking an covenants and agreements IN THE CIRCUIT COURT OF NOTWITHSTANDING COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO.2013.69,
elective share must file an therein contained, and THE TWENTIETH JUDICIAL THE TIME PERIODS SET FORTH AS AMENDED,KNOWN AS THE COLLIER COUNTY PROCUREMENT
election to take elective share seeking a judgment of this CIRCUIT,IN AND FOR COLLIER ABOVE. ANY CLAIM FILED ORDINANCE,IN ORDER TO ADD PROCUREMENT METHODS,
WITHIN THE TIME PROVIDED Court that(a) the District COUNTY,FLORIDA GENERAL TWO (2) YEARS OR MORE ESTABLISH EXEMPT PROCUREMENT CATEGORIES, AND TO
BY LAW. has power to issue the Bonds JURISDICTION DIVISION AFTER THE DECEDENT'S DATE UPDATE AND CLARIFY OTHER PROVISIONS OF THE ORDINANCE;
and Series thereof and slot #:11-2015-CA-1354- OF DEATH IS BARRED. PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR
/s/ ELIZABETH BENTLEY, incur.1h e bonded debt as set 0001-%X THE DATE OF FIRST INCLUSION INTO THE CODE OF LAWS AND ORDINANCES;AND
Esquire forth in the Complaint;(b)the PUBLICATION OF THIS NOTICE PROVIDING AN EFFECTIVE DATE.
Attorney for the Personal IS February 24,2017.
Representative proceedings essential to the BANK OF AMERICA,N.A.;
Florida Bar No.85927 Bonds and all series thereof Plaintiff, Copies of the proposed Ordinance are on le with the Clerk eto
s
when issued pursuant venrets, s. Es/ ELIZABETH BENTLEY, the Board and arena ndefhrinsppection.All interested parties
PATRONS&KEMP,P.A. the lelwithout
ih Revenues, KYLE U HS; MI A/K/A Esquirettoare invited to attend and be heard.
ForNew Brittany Blvd. including,he 'h Assessments
KYLEGHUGHES;AL; MIROSLAVA Attorney for Personal
Fort Myers,3L)907278- the Special Ayse nt of the HUGHES,ET,L; Representative:Bar No.0 NOTE:All persons C wishing tomi1t speak r any agenda item must
Telephone(239)278-1800 Florida Bar N EMP,7
pledgedl e dion Defendants, re-then hyodeaddresr rbrtotidualpresentationspeakers PATRONS&KEMP,P.A.
principal thereof,redemption of the agenda item(s)to ben any item.
. ndiv el ion of an
/5/KENNETH E.KEMP,II thereon,
if any,and interest NOTICE OF SALE 12685 New Brittany Blvd will id limited e 3 minutes on any item. The selection of an
1P2685 Representative thereon, and the Bond Fort leMyers,2393277 individual to speak on behalf of an organization or group is
12685 New Brittany Blvd. Resolution are olid and in NOTICE accordance GIVEN Telephone:(239)278-1800 encouraged If rico sized by the Chairman,i s okes spea for
Feb Myyr2,a d3Mconformity with law:(c)upon that,in gment with the a group or organization may be allotted 10 minutes to speak on
February 24 and Marcho. 4,8811 con issuance the Bonds id dated February
of Foreclosure Personal E.KEMP,Representatives: an item.
No.1498811 Resolutioncewith hen Bonduse theFebruary 13,ai I P12 85 ttaBlv
2CIRCUIT CO Indentures the the Trust the labove-styledto
cause,et I ForNew Brittany Blvd. Personswishingagendtohave s written agraphic materiala minor m
IN THE ECOURTconstiures, the Bonds will will sell a the highest andtFortMyy R dthe eetl agendao theere pect submitsaid materiala nyc se,
THE TWENTIETH JUDICIAL tvalid and binding best bidder for cash in the February 24,and o.March1499223 9227 of 3 weeks prior to respective public hearing.In any case,
CIRCUIT IN AND FOR COLLIER obligations of the District and Lobby on the 3rd Floor of the No. written materials intended to be considered by the Board shall
CIUNTY,FLORIDAill be enforceable by their Courthouse Annex, Collier be submitted to the appropriate County staff a minimum of
Civil Action terms as established by the County,Courthouse,at 3315 16-02046-CP seven0ndays prior to the public hearing. All material used in
Case NO.2016-CA-2312 Bond Resolution and the Trust Tamiami Trail East,Naples, IN THE CIRCUIT COURT FOR presentations before the Board will become a permanent part
CAPITAL BANK CORPORATION Indenture;and(d)this Court Florida 34112,at 11:00 AM on COLLIER COUNTY,FLORIDA of the record.
F/K/A CAPITAL BANK,N.A.a grant such other relief as is March 16,2017,the following PROBATE DIVISION
national banking association, lust and appropriate. The described property: File -02046-CP Anyperson who decides to appeal a decision of the Board
Plaintiff, aforesaid Complaint having LOT S8 AD THE EAST Vs OF IN RE:ESTATE OF REITA W. ilneed a record of the proceedings pertaining thereto and
v. been presented to this Court, LOT 59,REPEAT OF BLOCK 4 GARTLEY,Deceased. therefore,may need to ensure that a verbatim record of the
NWFP HOLDINGS CORP., a and this Court being fully AND 5,NAPLES PARK UNIT 1, Division Probate proceedings is made,which record includes the testimony and
Floridacorporation; NWFP advised in the premises: ACCORDING TO THE MAP OR evidence upon which the appeal is based.
PETROLEUM CORP.,a Florida NOW,THEREFORE, PLAT THEREOF,AS RECORDED NOTICE TO CREDITORS
corporation; W:NAJEEA IT IS ORDERED IN PLAT BOOK 4,PAGE 6,OF If you are apersonwithae i disabi roceed needs any accommodation
SBA LENDING,INC.;NA ER that all taxpayers,property THE PUBLIC RECORDS OF The administration in order to participate in this oroceedingi you are entitled,at no
ULLAH; BOARD OF COUNTY owners and citizens of the COLLIER COUNTY,FLORIDA. of the estate of REITA W. cost toyou,to the provisional certain assistance.Please contact
COMMISSIONERS COLLIER District, including non- PROPERTY ADDRESS: 841 GARTLEY, deceased, whose the Collier County Facilities Management Department,located
COUNTY, FLORIDA and residents owning property or 107TH AVENUE N.NAPLES,FL date of death was May 17, at 3335 Tamiami Trail East,Suite#101,Building W.Naples,
UNKNOWN TENANTS IN subject to taxation,and others 34108.Collier 2016,is pending in the Circuit Florida 34112,(239)252-8380.Assisted listening devices for the
POSSESSION, having or claiming any rights, ANY PERSON CLAIMING AN Court for Collier County, hearing impaired are available in the County Commissioners'
Defendants. title or interest in property to INTEREST IN THE SURPLUS Florida, Probate Division, Office.
be affected by the issuance FROM THE SALE, IF ANY, the address of which 3315
NOTICE OF ACTION of the Bonds or to be affected OTHER THAN THE PEROPERTY Tamiami Trail East,Suite 102 BOARD OF COUNTY COMMISSIONERS
thereby, and the State of OWNER AS OF THE DATE OF Naples, FL 34112-5324. The COLLIER COUNTY,FLORIDA
TO:Najeeb UIWh Florida, through the State THE LIS PENDENS MUST FILE A names and addresses of the PENNY TAYLOR,CHAIRMAN 1
YOU ARE NOTIFIED Attorney of the Twentieth CLAIM WITHIN 60 DAYS AFTER Personal Representatives and
that an action to foreclose a Judicial Circuit, in and for THE SALE. the Personal representative's DWIGHT E.BROCK,CLERK
mortgageon the following Collier County,Florida,appear Dated:February 15,2017 attorney are set forth below. By:Teresa Cannon,Deputy Clerk
property in Collier County. on March 27,2017,at 1:50 p.m. CLERK:DWIGHT E.BROCK All creditors of the (SEAL)
lorida:. - before the Honorable Lauren /s/Patricia Murphy decedent and other persons March 3,2017 No.1509543
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 03/14/17
4. BCC Office Board of County
Commissioners \A 4/ At Ark
5. Minutes and Records Clerk of Court's Office —TO 311449 4.,R
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional o missing information.
Name of Primary Staff Ted Coyman Contact Information 239-252 8407
Contact/ Department
Agenda Date Item was March 14,2017y Agenda Item Number 17b
Approved by the BCC +i(3
Type of Document An Amendment adopting revisions to Ordinance Number of Original 1
Attached No.2013-69,as amended,commonly known as Documents Attached
the Collier County Procurement Ordinance
increasing efficiency in the procurement and
contracting functions.
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 03/14/2017 and all changes made during SRT
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed bythe BCC have been made,and the document is ready • the
Chairman's signature. `
v� .► aeK1
in
ORDINANCE NO.2017-08
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-69,
AS AMENDED, KNOWN AS THE COLLIER COUNTY PROCUREMENT
ORDINANCE, IN ORDER TO ADD PROCUREMENT METHODS,
ESTABLISH EXEMPT PROCUREMENT CATEGORIES, AND TO
UPDATE AND CLARIFY OTHER PROVISIONS OF THE ORDINANCE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING 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 No, 2015-37, Ordinance No. 2015-51, Ordinance No. 2016-11, and
Ordinance No. 2016-19; and
WHEREAS,the Board seeks additional revisions to Ordinance No. 2013-69,as amended,
to increase efficiency and ease of administration.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ordinance No. 2013-69, as
amended,is further amended as follows:
SECTION ONE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Procurement
Ordinance" or"Procurement Ordinance."
17 0
SECTION TWO: Purpose.
The purpose of this Procurement Ordinance is to codify and formalize Collier County's
Procurement Policy, to provide for the fair and equitable treatment of all persons involved in
public purchasing by the County, to maximize the purchasing value of public funds in
procurement, and to provide safeguards for maintaining a procurement system of quality and
integrity. Any provision of this Ordinance in conflict with statute is null and void as to the
conflict.
SECTION THREE: Applicability and Approved Thresholds.
1. This Procurement Ordinance applies to the procurement of goods and services by the
County after the effective date of this Procurement Ordinance. This Procurement Ordinance
shall apply to all expenditures of public funds by the Board of County Commissioners for public
purchasing, irrespective of the source of the funds. Nothing in this section shall prevent the
County from complying with the terms and conditions of any grant, gift or bequest that is
otherwise consistent with law.
2. Nothing contained herein shall be construed as requiring Collier County's
Constitutional Officers (Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of
Elections, and Tax Collector), Court Administration, State Attorney, Public Defender or the
Collier County Metropolitan Planning Organization non-county funds to be covered by the
provisions of this Procurement Ordinance. However, the services of the Collier County
Procurement Services Division Procurement Services Director may be made available for
consultation.
3. The Board of County Commissioners shall execute formal contracts in excess of
$50,000 having a binding effect upon the County, to include revenue generating contracts, and
hereby delegates to the County Manager or designees, the authority to approve contracts or
agreements and amendments, extensions, and renewals of such contracts or agreements,
including change orders, work orders and other ancillary documents, providing the total amount
of County expenditure for any such contract or agreement does not exceed $50,000 unless
otherwise specified by action of the Board of County Commissioners.
2
170
The$50,000 limitation set forth above shall be determined by the following:
a. the per fiscal year dollar total expenditure for term contracts,
b. the per fiscal year dollar expenditure for fixed-fee agreements,
c. the per fiscal year dollar expenditure for lease agreements,
d. the total dollar expenditure included in the contract for lump-sum or
specific project agreements.
4. Following formal action taken by the Board of County Commissioners on purchases
greater than the formal competitive threshold, the Board delegates to the County Manager or
designee the authority to carry out the administrative and ministerial actions necessary to
effectuate the Board's action, including but not limited to the subsequent issuance of Work or
Purchase Orders.
SECTION FOUR: Definitions.
Agency shall mean all departments, divisions, units and offices under the Board of County
Commissioners, including the Collier County Redevelopment Agencies, the Collier County
Airport Authority, Collier County Water Sewer District and all departments under the auspices
of the County Manager. Also included are those elected or appointed officials that agree to
utilize procurement services provided by the Collier County Board of County Commissioners.
Change Order shall mean a written order by a project manager, approved by the Procurement
Services Director and the Board of County Commissioners, directing the contractor to change a
contract's amount, requirements, or time. All changes must be within the original scope of the
contract and in accordance with the Board approved contract's changes clause or, if no such
clause is set forth within the agreement, in accordance with this Procurement Ordinance,
shall mean a provider of goods or services to the County
Consultant/Contractor/Supplier/Vendor
agency. These terms may be used interchangeably.
Continuing Contract shall mean a contract for professional services as defined under Florida
Statute 287.055.
3
17 0
County Manager shall mean the County Manager or County Administrator of Collier County, or
designee, as defined in the County Administration Law of 1974, F.S. ch. 125,pt. III.
Extension shall mean an increase in the time allowed for the contract period due to circumstances
which make performance impracticable or impossible, or which prevent a new contract from
being executed. An extension must be in writing, and may not change the contract's amount or
requirements unless provided for in the original solicitation, contract, or as otherwise stated in
this Ordinance.
Fixed Term Contract is a type of contract in which a source of supply is established for a specific
period of time for specified services or supplies; usually characterized by an estimated or definite
minimum quantity, with the possibility of additional requirements beyond the minimum, all at a
predetermined unit price.
Fixed-Fee Agreement is a contract providing for a firm price, or a price that may be adjusted
only in accordance with contract clauses providing for revisions of the contract price under stated
circumstances.
Lease Agreement is a contract outlining the terms in which one party agrees to rent property
owned by another party, which may include real estate or personal property for a specified
amount of time.
Lump Sum or Specific Project Agreement is a contract where a firm fixed total price is offered by
the vendor for the completion of a project; typically this is done through a competitive process
and where the final invoicing will require no cost breakdown.
Minority business enterprise or any other designation assigned by the Office of Supplier
Diversity shall mean a firm or individual whom satisfies the registration requirements of that
agency and/or satisfies the requirements outlined in Florida Statute Chapter 287.0943(2)(e),
Chapter 295.187,Chapter 60A-9,Florida Administrative Code.
Purchase Order shall mean a form of contract which encumbers appropriated ppriated funds and which is p
directed to a single vendor to furnish or deliver commodities or services to the County.
4
j70
Purchasing Card shall mean a credit card officially assigned to specific employees under the
purview of the Board of County Commissioners for the purpose of transacting small and/or
strategic purchases.
Responsible Bidder/Proposer shall mean a vendor who has the financial and technical capacity
to perform the requirements of the solicitation and subsequent contract.
Responsive Bidder/Proposer shall mean a vendor who has submitted a bid or proposal that fully
conforms in all material respects to the solicitation and all of its requirements, including form
and substance.
Single source refers to a procurement directed to one source because of standardization,
warranty,or other factors,even though other competitive sources may be available.
Sole source refers to a procurement where the selection of one particular supplier to the
exclusion of all others may be based on a lack of competition, proprietary technology, copyright,
warranty or a supplier's unique capability.
Work Order/Work Assignment is a contract instrument issued under the terms and conditions of
an approved continuing or fixed fee agreement, which authorizes a contractor or consultant to
perform a specific task within the broader scope of the master agreement. Nothing in the work
order shall conflict with the terms and conditions of the fixed fee contract, and all work done
must fall within the scope and term of the underlying agreement.
SECTION FIVE: Establishment of Procurement Services Division and Procurement
Services Director.
1. There is hereby established the Collier County Procurement Services Division,
which shall be a distinct administrative department under the direction of the County Manager.
a. The Procurement Services Director of the Procurement Services Division
shall have the authority to negotiate all purchases for all Agencies. Except
as required by State, Federal or Local Law. In keeping with F.S. ch. 125,
this Procurement Ordinance grants to the Procurement Services Director
only those powers and duties which are administrative and ministerial in
5
17 [
nature and does not delegate any governmental power imbued in the
Board of County Commissioners as the governing body of the County
pursuant to Fla. Const. Art. VIII, § 1(e). The Procurement Services
Director may delegate to one or more Procurement Services Division
employees any and all aspects of the authority vested in the Procurement
Services Director by the County Manager. Except as otherwise specified
by law, this Article shall apply to every procurement under the authority
of the Collier County Board of County Commissioners and to elected or
appointed officials (Clerk of the Circuit Court, County Attorney, Property
Appraiser, Sheriff, Supervisor of Elections, Tax Collector and Collier
County M.P,O.) who choose to utilize procurement services provided by
the Collier County Board of County Commissioners.
b. Notwithstanding any other provision of the Procurement Ordinance, the
Procurement Services Director is authorized to issue purchase orders at the
written request of elected or appointed officials.
c. Nothing in this article shall limit the Collier County Board of County
Commissioners' right to waive any provisions contained herein when the
Collier County Board of County Commissioners shall deem it in the best
interest of the County.
SECTION SIX: Duties of Procurement Services Division.
Within the constructs of this Ordinance, the Procurement Services Division shall be
responsible for:
1. Seeking Maximum Value: Acting to procure for the County the highest quality
commodities and contractual services at least expense to the County.
2. Encouraging competition: Endeavoring to obtain as full and open competition as
possible on all purchases, services and sales.
6
170
3. Procurement Analysis: Keeping informed of current developments in the field of
purchasing,prices, market conditions and new products, and securing for the County the benefits
of research conducted in the field of purchasing by other governmental jurisdictions, national
technical societies, trade associations having national recognition, and by private business and
organizations.
4. Procurement Manual: Preparing and recommending for adoption by the County
Manager a Procurement Manual for the implementation of this Procurement Ordinance. The
Procurement Manual shall be maintained and published on-line for the benefit of the public.
5. Division Systems, Procedures and Standards: The adoption of systems,
! procedures, forms, standards, reporting and evaluation tools related to: (i) the effective
development, negotiation and administration of County contracts, and (ii) the evaluation of
performance of contractors, suppliers and vendors doing business with Collier County.
6. Non-Contract Purchases: Reviewing non-contract purchases under$50,000.00, as
defined in SECTION THREE, to determine if an aggregated contract approach may provide
value and offer pricing advantages to the County.
7. Tax Exemption: Procuring items for the County to exercise its tax exemption
status when eligible.
8. Inquiry and Control: Full authority to:
a. Question the quality, quantity, and kinds of items requisitioned in order
that the best interests of the County are served;
b. Ensure the timely,proper and orderly acquisition of services to the various
operating divisions;
c. Ensure purchases are consistent with the Procurement Ordinance;
d. Determine if specific purchases should be approved by the Board prior to
the purchase.
7
17
e. Determine work assignment rotation schemes when multiple contracts are
awarded for the same service.
9. Records of Procurement activity shall be maintained in compliance with the
Chapter 119,Florida Statutes,"Public Records."
SECTION SEVEN: Ethical Standards.
I. Every employee, elected or appointed official of Collier County has the
responsibility to maintain the confidence of the citizens of Collier County by conducting the
procurement process in an ethical, fair and transparent manner. Collier County employees shall
act in good faith to discharge their duties and avoid either the intent or appearance of unethical
practices in procurement relationships,actions and communications.
2. Any attempt by Collier County employees, elected or appointed official of Collier
County to realize personal gain from the procurement process is a breach of public trust. All
County employees shall govern themselves in accordance with the Standards of Conduct as set
forth in applicable Collier County Government Regulations,to include the Collier County Ethics
Ordinance No. 2003-53 as amended, County Manager Administrative Procedures (CMA) Code
of Ethics, and F.S. ch. 112.
3. Collier County requires each vendor who seeks to do business with Collier
County to comply with the following ethical standards:
a. No vendor shall discuss or consult with other vendors intending to
compete for the same or similar contract for the purpose of bid rigging,
collusion or other activities that are illegal, unethical or limiting
competition.
b. No vendor shall submit false information or intentionally submit
misleading information to Collier County.
8
170
c. After the issuance of any solicitation, no current or prospective vendor or
any person acting on their behalf, shall contact, communicate with or
discuss any matter relating to the solicitation with any Collier County
employee or elected or appointed official, other than the Procurement
Services Director or his/her designees. This prohibition ends upon
execution of the final contract or upon cancellation of the solicitation.
Any current or prospective vendor that lobbies any Collier County
employee or elected or appointed official while a solicitation is open or
being recommended for award (i) may be deemed ineligible for award of
that solicitation by the Procurement Services Director, and (ii) will be
subject to Suspension and Debarment outlined in SECTION TWENTY-
EIGHT.
4. Failure to comply with this Section shall be deemed a violation of ethical
standards subject to administrative actions and may be subject to civil, and/or criminal penalties
for ethical violations as described below:
a. Employees who violate the ethics standards described in this section shall
be subject to administrative disciplinary action, following Collier County
Government Human Resources procedures and guidelines, up to and
including dismissal from Collier County Government employment.
b. Vendors who violate the ethics standards described in this Section shall be
subject to Suspension and Debarment as provided in SECTION
TWENTY-EIGHT of this Article.
5. Vendors doing business with Collier County shall comply with the provisions of
Section 287.133,Florida Statutes("Public Entity Crimes Act").
SECTION EIGHT; Exemptions to the Competitive Process.
The following categories of procurements may be eligible for exemption to the
competitive process waivers of competition based upon the determination of the County
9
170
Manager or designee Procurement Services Director that approval of such an exemption waiver
is in the best interest of the County.
1. Purchases from another government agency or from a nonprofit organization
authorized to do business in the State of Florida.
2. Dues and memberships in trade or professional organizations; registration fees for
trade or career fairs;fees and costs of job-related seminars and training.
3. Subscriptions, periodicals, newspapers, books, electronic information, media,
maps,pamphlets and similar material in printed or electronic form.
4. Advertisements.
5. Utility Services: water, sewer, electrical, gas, or other regulated utility,
communications and data transmission services subject to government rate control.
6. Educational or academic programs; educational or recreational field trip
instructors,trainers,facilitators,professional advisors and speakers.
7. Legal services including retaining services of law firms or other outside counsel
for any reason, expert witnesses, court reporter services, appraisal services, trial consultants or
similar persons or firms deemed by the Collier County Attorney as necessary to address the legal
needs of Collier County, together with document management and production, legal research,
and information technology products and services.
8. Goods or services purchased from grants,gifts,bequests or donations to the extent
of the application of this Article would conflict with the requirements, conditions, or limitations
attached to the grant, gift,bequest,or donation.
9. Products or services necessary to maintain existing warranties and licenses or to
maintain compatibility with existing Collier County systems.
10. Repairs based upon shop estimates for equipment that has been disassembled.
11. Personnel services; recruitment services.
10
1TO-
-
12. Works of Art for Public Display
13. Direct purchase orders issued when it is in the best interest of Collier County.
Collier County may make direct purchases of goods and services when the County can procure
these items at a lower cost and/or realize a tax or delivery savings.
14. Financial Instruments: professional services required for the issuance of Collier
County debt, debt service and Collier County investments related thereto, including the selection
of investment bankers for Collier County's Underwriting Pool and the selection of Collier
County's Financial Advisor.
15. Entertainment services for County-sponsored events.
16. Services for management studies, executive analysis and related matters as
directed by the County Manager.
17. Where specified by general law, ordinance or Collier County Board of County
Commissioners policies, any purchase governed by explicit provisions of general law or other
Collier County ordinance or Collier County Board of County Commissioners policies
(resolution)unless the solicitation indicates the applicability of this Article, and this Article shall
apply only to the extent set out in the solicitation.
SECTION NINE: Small Purchases(Purchases$3,000 or less).
A purchase shall not be artificially divided or split so as to qualify under this or any other
section of this Procurement Ordinance. All small purchases will be obtained by a Single Quote,
with documentation, and generally be processed using a regular purchase order, or a purchasing
card in accordance with SECTION TWENTY-SEVEN 26 of this Procurement Ordinance.
Operating Division staff should make all reasonable efforts to purchase goods and services under
Board approved contracts. In the event a contract is not utilized, staff will procure the highest
quality items or services at the least expense to the County. Only the Board's Procurement
Services staff may approve a qualification based Small Purchase.
11
17 0
SECTION TEN: Informal Competition (Purchases Exceeding $3,000 but Not
Greater Than$50,000).
A purchase shall not be artificially divided or split so as to qualify under this or any other
section of this Procurement Ordinance. Operating Division staff should make all reasonable
efforts to purchase goods and services under Board approved contracts. In the event a contract is
not available, or staff demonstrates that the price under contract exceeds the price on a non-
contract, staff will procure the highest quality items or services at the least expense to the County
by using the following informal competition process:
1. Purchases exceeding $3,000 but not greater than $50,000 may be solicited by
quotation as follows:
a. Minimum Number Quotes: Purchases in excess of$3,000 but not greater than
$50,000 shall be based on a good faith effort by either Operating Division Staff or
Procurement Staff to obtain at least three(3)documented competitive quotes.
b. Solicitation of Quotes: Quotes may be solicited in writing or electronically. Only
the Procurement Services staff may issue a qualification based solicitation. Final
recommended award of any quote will be reviewed and approved by the Procurement
Services Director.
SECTION ELEVEN: Procurement Methods.
Collier County's procurement methods may include,but are not limited to the following:
1. Informal quotes may be solicited and awarded by designated Collier County
employees as set forth in the Procurement Manual without public announcement and without
formal competition.
2. Request for Quote (RFQ) may be issued by either the Operating Division Staff or
by the Procurement Staff. Any resulting contract shall be awarded to the responsible and
responsive vendor submitting the lowest or best overall quote which meets all specifications.
12
17 0
3. Invitations to Bid(ITB) shall be issued by the Procurement Services Director with
public announcement and competition. Any resulting contract shall be awarded to the responsive
and responsible bidder submitting the lowest or best overall bid which meets all specifications.
4. Cooperative Purchasing
a. Piggybacking
The Procurement Services Director shall have the authority to procure
goods or services from vendors who have been selected, as a result of a
competitive selection process for a federal, state or municipal government,
or any other governmental agency, political subdivision, or government-
related association, provided that the originating entity utilized a
competitive process similar to Collier County's. The Procurement Services
Director shall annually bring forward to the Board of County
Commissioners a list of recommended cooperatives for Board
consideration.
b. Consolidated Joint Purchasing
The Procurement Services Director shall have the authority to join with
other government entities and consortiums in cooperative purchasing
ventures when in the best interest of Collier County.
5. Request for Proposals(RFP)shall be issued by the Procurement Services Director
with public announcement and competition. Any resulting contract shall be awarded to the
responsive and responsible proposer submitting the best proposal according to the criteria set
forth in the solicitation.
6. Request for Professional Services (RPS) shall be issued by the Procurement
Services Director to procure professional engineering, architectural, landscape architectural or
surveying and mapping services in accordance with the Consultants' Competitive Negotiation
Act(CCNA),F.S. § 287.055.
13
17 0
7. Invitation to Negotiate (ITN) shall be issued by the Procurement Services
Director with public announcement and competition. An ITN is used when it is determined
beneficial to issue a written solicitation for competitive sealed replies to select one or more
vendors with which to conduct negotiations.
8. Emergency Procurements may be used in the event of an unexpected and urgent
need where health and safety or the conservation of public resources is at risk, or during Board
absences (all efforts should be made to obtain Board approval prior to anticipated recesses),
using such competition as is practical under the circumstances, as follows:
a. Following a declaration of the existence of an emergency situation by the
County, the Collier County Board of County Commissioners or their
designee may declare the existence of an emergency procurement
condition and may suspend any or all of the provisions of this article and
authorize an emergency procurement.
b. The Collier County Manager or his/her designee, on a case by case basis
may approve an emergency purchase based upon the Procurement
Services Director's good faith review of the available sources that may
timely respond to the urgent need for goods and services and the
documentation of the emergency conditions related to that purchase. Upon
written determination and approval of the Collier County Manager, the
emergency purchase may be made. The Collier County Manager will
report to the Collier County Board of County Commissioners all such
emergency procurements at the next available Board meeting.
c. This section in no way constrains the provisions of Collier County's Civil
Emergency powers and authority pursuant to F.S. ch. 252, Emergency
Management.
9. Invitation for Qualifications (IFQ) shall be issued by the Procurement Services
Director when it is in Collier County's best interest to limit participation in the solicitation
14
1 7 0
process to those bidders,proposers or offerors who demonstrate a capability to provide the goods
and services required by the Collier County or when qualifications are the only criteria.
10. Sole Source Procurement is a selection of one particular supplier to the exclusion
of all others. This decision may be based on lack of competition, proprietary technology,
copyright,warranty or a supplier's unique capability.
11. Single Sourcing is a procurement decision whereby purchases are directed to one
source because of standardization, warranty, or other factors, even though other competitive
sources may be available.
12. Reverse Auctions shall be issued by the Procurement Services Director when it is
deemed to be the most efficient means of obtaining the best price through open competition.
13. Requests for Information (RFI) shall be issued by the Procurement Services
Director when it is in Collier County's best interest to request information from potential vendors
prior to the issuance of a planned solicitation.
14. It is the intent of the Board of County Commissioners to establish an amount of
fifty thousand dollars ($50,000.00)as the County's threshold for formal competitive solicitations
to include IFB, RFP, RPS, ITN, IFQ, and Reverse Auctions administered under the supervision
of the Procurement Services Director. Award of any resulting agreements or contracts shall be
made by the Board except where otherwise provided for in this Procurement Ordinance or unless
an exception is granted by the Board.
15. Use of Past Performance Data: In order to promote the quality delivery of
commodities and services, County departments shall record and consider the past performance of
vendors in the award of contracts exceeding the competitive threshold. This objective shall be
accomplished as follows:
a. The Procurement Services Division shall be responsible for each of the
following:
15
17 0
(1) Developing, implementing and maintaining administrative
procedures, instructions and technologies necessary to collect past
vendor performance data.
(2) Ensuring that relevant past performance data is properly gathered
and considered prior to award of subsequent contracts.
b. Operating departments shall be responsible for each of the following:
(1) Conducting periodic performance evaluations of vendors under
contract with the County pursuant to the procedures established in
SECTION 11.
(2) Considering the past performance of vendors during the evaluation
of bids and proposals pursuant to the procedures established in
SECTION 11, subsection 15,a.(2).
SECTION TWELVE: RESERVED RIGHTS.
1. Reserved Rights:
Collier County reserves the right in any solicitation to accept or reject any or all bids,
proposals or offers; to waive minor irregularities and technicalities; or to request resubmission.
Also, Collier County reserves the right to accept all or any part of any bid, proposal,or offer,and
to increase or decrease quantities to meet additional or reduced requirements of Collier County.
Notwithstanding any other provisions of this Article, if none or only one responsive and
responsible bid or proposal is received following any solicitation, the County Manager, or
designee, reserves the right to reject all bids, proposals or offers and to negotiate with any
responsible providers to secure the best terms and conditions in the sole interest of the County
unless otherwise provided by law.
2. Rejection of Bids and Negotiation:
a. The Procurement Services Director shall have authority to review all
submittals in response to a County solicitation and to review these
submittals for responsiveness, responsibility, price and other factors in
16
17 D
making a determination for Recommendation of Award. The Procurement
Services Director may reject any submittal and cancel any solicitation at
anytime prior to a contract being signed. The Board of County
Commissioners shall have the authority to reject any and all bids at any
time.
b. If the lowest, responsive bid exceeds the budgeted amount and, if the
purchase is not funded in whole or in part with interagency grant dollars,
the Procurement Services Director may negotiate changes with the
apparent lowest responsible and responsive bidder that will bring prices
into budgeted limits subject to the final approval and acceptance of the
Board. If the budgeted amount includes grant funds, the Procurement
Services Director shall be authorized to conduct such negotiations
provided said actions are not prohibited by law or the grant conditions.
All Notices of Recommended Award will be generated and posted by the Procurement
Services Director prior to presentation of any contract for signature by the Board of County
Commissioners.
SECTION THIRTEEN: Unsolicited Proposals.
1. The Board incorporates by reference F.S. § 255.065, 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 F.S. §255.065 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.
17
17 0
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 F.S. §255.065.
SECTION FOURTEEN: Small and Disadvantaged Minority and Women Business
Enterprises.
1. Policy Statement: Collier County stands committed to providing equal
opportunities to small businesses and disadvantaged business enterprises (DBE), minority
business enterprises (MBEs) and women business enterprises (WBEs) as well as to all vendors,
consultants,contractors and subcontractors who seek to do business with the County.
Pursuant to this policy, Collier County encourages its vendors, consultants, contractors and
subcontractors to provide qualified small businesses and DBE's with an equal opportunity to
participate in the formal competitive processes for the procurement of commodities and services
by the County.
The Policy is not intended to require or to allow partiality toward or discrimination against any
small business or DBE, MBE, WBE, or any other vendor, consultant, contractor or subcontractor
on the basis of gender, race or national origin, or other such factors, but rather to create an
opportunity for small businesses and DBEs, MBEs, WBEs, and all qualified vendors,
consultants, contractors and subcontractors to participate in the County's formal competitive
processes. Nothing in this Policy shall be construed to provide for or require any preference or
set-aside based on gender,race,national origin or any other such factor.
2. Implementing Measures: In an effort to implement this policy, the County may
undertake the following measures:
a. Designate the Procurement Services Director to administer this policy.
b. Utilize outreach programs to identify, register and educate small
businesses and DBEs, MBEs and WBEs to participate in the
procurement/contract process which may include:
18
17 0
(1) Attending trade fairs which include representatives from these
enterprises.
(2) Attending meetings and social events wherein these enterprises are
present.
(3) Utilizing publications aimed at reaching these enterprises.
(4) Utilizing Purchasing Directories and other reference sources that
list these enterprises.
(5) Publicizing this Policy to encourage these enterprises to participate
in the County's procurement process.
(6) Other actions designed to identify opportunities for these
enterprises who seek to provide commodities and services to the
County.
c. Maintain a list of these enterprises.
d. Disseminate information regarding competitive opportunities with the
County in order to allow qualified small businesses and DBEs, MBEs and
WBEs to participate in the County's procurement process.
3. Conformity with Applicable Law: The provisions of this section shall be
construed in conformity with applicable state and federal law. To the extent that state law
conflicts with federal law,federal law shall supersede such state law.
SECTION FIFTEEN: Procedure to Provide Preference to Local Businesses in
County Contracts.
Except where otherwise provided by federal or state law or other funding source
restrictions or as otherwise set forth in this Procurement Ordinance, purchases of commodities
and services shall give preference to local businesses in the following manner:
1. "Local Business" defined. Local business means the vendor has a current
Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to
19
17 0
bid or proposal submission to do business within Collier County, and that identifies the business
with a permanent physical business address located within the limits of Collier County from
which the vendor's staff operates and performs business in an area zoned for the conduct of such
business.A Post Office Box or a facility that receives mail,or a non-permanent structure such as
a construction trailer, storage shed, or other non-permanent structure shall not be used for the
purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and well-being
of Collier County in a verifiable and measurable way. This may include, but not be limited to,
the retention and expansion of employment opportunities, support and increase to the County's
tax base, and residency of employees and principals of the business within Collier County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting
their bid or proposal to be eligible for consideration as a "local business" under this section. A
vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted
to the County will lose the privilege to claim Local Preference status for a period of up to one
year.
2. Preference in purchase of commodities and services by means of competitive bid,
request for proposals, qualifications or other submittals and competitive negotiation and
selection. Under any such applicable solicitation, bidders/proposers desiring to receive local
preference will be invited and required to affirmatively state and provide documentation as set
forth in the solicitation in support of their status as a local business. Any bidder/proposer who
fails to submit sufficient documentation with their bid/proposal offer shall not be granted local
preference consideration for the purposes of that specific contract award. Except where federal or
state law, or any other funding source, mandates to the contrary, Collier County and its agencies
and instrumentalities,will give preference to local businesses in the following manner:
a. Competitive bid (local price match option). Each formal competitive bid
solicitation shall clearly identify how the price order of the bids received
will be evaluated and determined. When a responsible and responsive,
non-local business submits the lowest price bid, and the bid submitted by
one or more responsible and responsive local businesses is within ten
percent of the price submitted by the non-local business, then the local
20
171]
business with the apparent lowest bid offer (i.e., the lowest local bidder)
shall have the opportunity to submit an offer to match the price(s),less one
(1) dollar, offered by the overall lowest, responsible and responsive
bidder. In such instances, staff shall first verify if the lowest non-local
bidder and the lowest local bidder are in fact responsible and responsive
bidders. Next, the Procurement Services Division shall determine if the
lowest local bidder meets the requirements of F.S. § 287.087 (Preferences
to businesses with drug-free workplace programs). If the lowest local
bidder meets the requirements of F.S. §287.087,the Procurement Services
Division shall invite the lowest local bidder to submit a matching offer,
less one (1) dollar, within five (5) business days thereafter. If the lowest
local bidder submits an offer that fully matches the lowest bid, less one (1).
dollar, from the lowest non-local bidder tendered previously, then award
shall be made to the local bidder. If the lowest local bidder declines or is
unable to match the lowest non-local bid price(s), then award will be made
to the lowest overall responsible and responsive bidder. If the lowest local
bidder does not meet the requirement of F.S. § 287.087, and the lowest
non-local bidder does, award will be made to the bidder that meets the
requirements of the reference state law.
b. Request for proposals, qualifications or other submittals and competitive
negotiation and selection. For all purchases of commodities and services
procured through the Competitive Proposals or Competitive Selection and
Negotiation methods not otherwise exempt from this local preference
section, the RFP solicitation shall include a weighted criterion for local
preference that equals 10 percent of the total points in the evaluation
criteria published in the solicitation. Purchases of professional services as
defined and subject to F.S. § 287.055 and audit and accounting services
subject to F.S. § 11.45shall not be subject to this local preference section.
c. Should a tie bid occur between a non-local bidder and a local bidder, the
County shall award the contract to the local bidder. Should a tie occur
21
17 0
between two local bidders, the County will "flip a coin" between the two
lowest bidders. The coin toss winner will be awarded the contract upon
approval by the Board of County Commissioners.
3. Waiver of the application of local preference. The application of Local
Preference to a particular purchase or contract may be waived upon approval of the Board of
County Commissioners, or as identified where exempt from competitive process in SECTION
EIGHT.
4. Comparison of qualifications. The preferences established herein in no way
prohibit the right of the Board of County Commissioners to compare quality of materials
proposed for purchase and compare qualifications, character, responsibility and fitness of all
persons, firms or corporations submitting bids or proposals. Further, the preferences established
herein in no way prohibit the right of the County Commission from giving any other preference
permitted by law instead of the preferences granted herein.
5. Reciprocity. In the event Lee County,or any other Florida county or municipality
("local government") deemed appropriate by the Collier County Board of Commissioners,
extends preferences to local businesses, Collier County may enter into an interlocal agreement
with such local government wherein the preferences of this section may be extended and made
available to vendors that have a valid occupational license issued by that specific local
government to do business in that local government that authorizes the vendor to provide the
commodities and services to be purchased, and a physical business address located within the
limits of that local government. Post Office Boxes are not verifiable and shall not be used for the
purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and well-being
of the said local government whichever is applicable, in a verifiable and measurable way. This
may include, but not be limited to,the retention and expansion of employment opportunities, the
support and increase to that local government's tax base, and residency of employees and
principals of the business located within the limits of that local government. Vendors shall affirm
in writing their compliance with the foregoing at the time of submitting their bid or proposal to
be eligible for consideration as a"local business" under this section. In no event shall the amount
22
17 0
of the preference accorded other local government firms exceed the amount of preference that
such local government extends to Collier County firms competing for its contracts.
6. Purview and administration of this Local Preference Policy. This policy shall
apply to all departments and units under the direct purview of the Board of County
Commissioners. For purchases of$50,000.00 or Iess, the Procurement Services Division shall
systematically encourage departments to include local vendors when soliciting quotations in
accordance with this policy.
7. This Policy shall not be utilized with respect to any competitive solicitation for
construction services in which 50 percent or more of the cost will be paid from state-
appropriated funds which have been appropriated at the time of the competitive solicitation.
SECTION SIXTEEN: Payment of Invoices.
1. Agencies under the purview of the Board of County Commissioners shall be in
compliance with F.S. § 218.70, otherwise known as the "Local Government Prompt Payment
Act." Pursuant to this,the requirements of this section shall apply to the following transactions:
a. The purchase of commodities and services;
b. The purchase or lease of personal property;
c. The lease of real property.
2. The County Manager shall establish and maintain procedures that authorize minor
payment variances between the purchase order and invoice where warranted. The authority to
pay such variances shall not exceed 5%of the purchase order amount or$500,whichever is less.
3. The County Manager shall establish and maintain a process to address freight and
delivery charges not in compliance with FOB destination terms contained in the County General
Terms and Conditions.
4. It shall be the responsibility of the County Manager, in consultation with the
Clerk's Finance Director and operating Divisions,to establish,procedures for the timely payment
23
170
of all transactions as defined herein. Such procedures shall include, but are not limited to the
following:
a. Formally defining the County's requirements for the content and
submission of a proper invoice, codifying the County's payment
requirements and notifying each vendor of their availability.
b. Steps required for the receipt of all invoices and the prompt return of
improper invoices.
c. Steps required for the resolution of payment disputes between the County
and a vendor.
5. Vendor Payment Dispute Resolution Process. The purpose of this section is to
establish a procedure whereby payment disputes with vendors who provide goods and services to
the County are resolved in a timely manner and in keeping with the Local Government Prompt
Payment Act.
a. Definitions. The definitions set forth in the Local Government Prompt
Payment Act(F.S. § 218.72,2016)are hereby incorporated by reference.
b. If an improper payment request or invoice is submitted by a vendor, the
County shall, within 10 days after the improper payment request or
invoice is received, notify the vendor, in writing, that the payment request
or invoice is improper and indicate what corrective action on the part of
the vendor is needed to make the payment request or invoice proper.
c. If the parties are unable to reach resolution on the payment dispute, the
County Manager shall appoint a Hearing Examiner, to whom the matter
will be referred to. The Hearing Examiner shall have the sole and full
authority to thereafter resolve the dispute. The proceedings before the
Hearing Examiner to resolve the dispute shall commence within 45 days
after the date the payment request or improper invoice was received by the
County and shall be concluded with final written decision by the Hearing
Examiner within 60 days after the date the payment request or improper
24
170
invoice was received by the County. These proceedings are not subject to
F.S. ch. 120, and do not constitute an administrative hearing. Rather,these
proceedings are intended to be quasi-judicial, open to the public, with the
written decision of the Hearing Examiner being final, subject only to
certiorari review. If the dispute is resolved in favor of the County, interest
charges shall begin to accrue 15 days after the Hearing Examiner's final
decision. If the dispute is resolved in favor of the Vendor, interest begins
to accrue as of the original date the payment became due.
d. If the County does not timely commence this dispute resolution process
within the time required,a contractor may give written notice to the County
of the failure to timely commence this dispute resolution procedure. If the
County fails to commence this dispute resolution procedure within four
business days after such notice, any amounts resolved in the contractor's
favor shall bear mandatory interest, as set forth in F.S. ch. 218, from the
date the payment request or invoice containing the disputed amounts was
submitted to the County. If the dispute resolution procedure is not
commenced within 4 business days after the notice, the objection to the
payment request or invoice shall be deemed waived. The waiver of an
objection pursuant to this paragraph does not relieve a contractor of its
contractual obligations.
e. In an action to recover amounts due under this part, the court shall award
court costs and reasonable attorney's fees, including fees incurred through
appeal,to the prevailing party.
f. The conduct of the Hearing Examiner proceedings, including notice,
process, and criteria, shall be set forth in the Procurement Division's
Policies and Procedures.
SECTION SEVENTEEN: Advanced Payments for Goods and Services.
Procedures for the pre-payment of goods and services with County funds including, but
not limited to, dues and membership, insurance, maintenance agreements, subscriptions, travel
25
170
arrangements, postage, and other purchases as prescribed by the Department of Financial
Services through their Administrative Rules. As provided for in F.S. § 28.235, the Clerk of the
Circuit Court is authorized to make advanced payments on behalf of the County for goods and
services based on those established procedures.
SECTION EIGHTEEN: Standardization, Cooperative Purchasing
Agreements and Governmental Contracts.
1. Where standardization is determined to be desirable by the Board of County
Commissioners or included in the Procurement Manual, the purchase of commodities may be
made by negotiation with the approval of the purchase by the Board if under the Formal
Competitive Threshold,with approval of the purchase by the Procurement Services Director.
2. Annually, the Board of County Commissioners will approve a list of authorized
purchasing cooperative organizations and governmental schedules and contracts. The
Procurement Services Director may approve purchases using these approved cooperative
organizations, agreements and contracts with no further action required by the Board providing
that funds have been budgeted for these specific purposes.
Additionally, the Procurement Services Director may join other public agencies in
cooperative purchasing organizations and/or agreements if is determined to be in the County's
best interest, and if the consortium agreement has not had prior Board approval. The use of any
new cooperative agreement must be approved by the Board prior to the use of the agreement.
SECTION NINETEEN: Contract Administration.
1. Contract Document: Every procurement of contractual services or commodities
shall be evidenced by a written document containing all provisions and conditions of the
procurement. Said document shall include,but not be limited to:
a. A listing of the scope of services to be performed or commodities to be
purchased.
b. A provision specifying the criteria and the final date, or number of days,
by which such criteria must be met for completion of the work.
26
170
c. A provision specifying the terms of cancellation by the County and where
applicable,a provision specifying the terms of renewal.
d. Where applicable, a provision establishing the appropriate types and levels
of insurance to be carried by the vendor. Said provision shall be employed
in a manner consistent with minimum insurance standards approved by the
Board of County Commissioners.
e. A provision requiring the contractor/vendor to inform the County if he/she
has been convicted of a public entity crime subsequent to July 1, 1989.
A purchase order that embodies these provisions shall be sufficient documentation of the
procurement. Except as otherwise provided in this Procurement Ordinance, the Procurement
Services Director shall determine the circumstances under which a Board approved purchase
order(and all documents included by reference) shall serve as the contract document.
2. Contract Manager: Every procurement of services shall be administered by the.
requesting Agency/Department.
3. Contracts: Notices that terminate in its entirety a Board-approved purchase or
contract must be approved by the Board of County Commissioners prior to its termination.
a. Modifications to Work Orders, Change Orders, and Amendments issued
under a purchase order or contract that exceed ten percent (10%) of the
current Board approved aggregate amount, or twenty percent(20%)of the
current Board approved number of days must be approved by the Board.
b. Modifications to Work Orders, Change Orders, and Amendments issued
under a purchase order or contract that do not exceed ten percent(10%) of
the current Board approved aggregate amount, or twenty percent (20%) of
the current Board approved number of days will be reported on the
Procurement Services Administrative Ratification Report and presented to
the Board for approval.
27
171)
c. Modifications to Board approved purchases or contracts by the issuances
of the following, but not limited to, direct material purchases, notices to
proceed or noncompliance, stop work notices, authorization for the use of
approved allowances and reallocation of funds between line items,
supplemental agreements, and changes by letter may be authorized and
executed by the Procurement Services Director without further approval
by the Board.
d. All material changes in scope of contracts must be approved by the Board
in advance.
e. Sections 3.a through 3.b shall not be applicable to term contracts, fixed-fee
contracts, or blanket purchase orders where the County desires to procure
commodities and/or services on an as needed basis without having to
obligate itself to a total contract amount. Rather, such purchases shall be
based on fixed unit prices or other predetermined pricing methods and
shall be limited in quantity by the amount of funds appropriated in the
budget of the operating Division(s). Such purchases shall be subject to all
other provisions of this Procurement Ordinance.
The Board shall have broad authority, within the limits of the law, to evaluate and
approve any recommended contract modification without requiring further competition.
4. Contract Extension: Extension(s) of a Board-approved contract for commodities
or non-construction services may be requested by the contract manager to the Procurement
Services Director in writing for a period not to exceed six(6)months (cumulatively) and shall be
subject to the same terms and conditions set forth in the contract, if the extension period is
provided for in the Board approved contract. The Procurement Services Director shall have the
authority to authorize and execute all such extensions, which must be issued prior to the
expiration of the contract. Any extension(s) that exceed six months (cumulatively) shall be
approved by the Board of County Commissioners.
5. Contract Renewal: The Procurement Services Director shall authorize and execute
renewals of contracts for commodities and/or services subject to the following conditions:
28
171)11—
a.
That the Contractor has performed in a satisfactory manner and that the
Procurement Services Director has received a request to renew from the
Contractor or Project Manager verifying the Contractor's satisfactory
performance.
b. That the Board-approved contract pursuant to SECTION ELEVEN
Paragraph 14 provided for a renewal and is renewed subject to the terms
and conditions set forth in the initial contract. Cost and term modifications
are addressed in the original solicitation document and/or resultant
contract.
c. That the renewal is done for a set period of time identified in the
solicitation document and/or contract, commencing at the end of the
contract period.
d. That a contract under the formal competitive threshold with multiple
renewal year option terms may be approved annually by the Procurement
Services Director.
Proposed renewals that fail to meet one or more of the conditions set forth herein will
require the approval of the Board of County Commissioners.
6. Contract Approval: All contracts for commodities and services exceeding
SECTION ELEVEN Paragraph 14, Formal Competitive Threshold, shall be authorized by the
Board of County Commissioners. Once approved, subsequent purchase orders referencing those
Board approved contracts may be issued by the Procurement Services Director.
Contracts below SECTION ELEVEN Paragraph 14, Formal Competitive Threshold, shall be
subject to the review and approval by the County Attorney staff and signed by the Procurement
Services Director.Purchase orders may be issued by the Procurement Services Director.
7. Work Orders: The Procurement Services Director may execute any work order if
the work order is equal to or below such Board approval parameters for work orders as are set
forth in the Board approved term contract for services under which the work order is generated.
29
1�
_ _ _ _ a
Work orders must be in sufficient detail to audit according to the approved contract.
8. Consent to Assignments of Contract: For all Board approved contracts, the Board
of County Commissioners shall approve all assignments of contracts requested by the
predecessor contracting party.
9. Authority Limitation and Delegation;Promulgation of Procedures:
The Procurement Services Director may delegate to one or more Procurement Services
Division employees any or all aspects of the authority vested in the Procurement Services
Director.
All authority to execute documents that is vested in the Procurement Services Director or
any other person shall be subject to the limits of any applicable federal, state or other law.
10. Payments to Contractors,Vendors and Consultants:
Prior to the execution of a formal contract subject to this Procurement Ordinance, the
Procurement Services Director shall establish a formal payment schedule and payment terms
within the agreement. Such terms and conditions shall be consistent with the requirements of all
applicable laws and the formal solicitation documents.
In accordance with F.S. § 218.735(8), the Procurement Services Director may establish,
subject to Board approval, procedures to reduce to 5% the amount of retainage withheld from
each subsequent progress payment issued to a contractor where applicable. The Procurement
Services Director may establish, in writing, a schedule(s) to further reduce the percentage of
cumulative retainage held throughout the course of the project schedule where warranted and
accordingto law. Recommendation to reduce the
percentage of cumulative retainage shall be
subject to the following:
a. That the term "cumulative retainage" is defined to mean "the dollar total of
the funds retained from all payments issued under the contract divided by
the gross dollar total of all monthly pay requests (or the total of all
payment amounts deemed allowable by the project manager, whichever is
less)".
30
17 0
b. That any decision to reduce retainage shall be formally communicated in a
letter to the Contractor's representative and that the letter affirmatively
states that the Contractor has performed the contract work in a satisfactory
manner.
c. That the cumulative retainage not be adjusted until at least 50% of the
work has been completed and payment has been issued.
d. That the Procurement Services Director's letter expressly sets forth the
percentage of cumulative retainage to be held for the remaining pay
requests.
11. The Procurement Services Director may authorize the partial release or payment
of contract retainage to the contractor prior to final completion of all project work provided that:
a. The contractor has performed in a satisfactory manner to date as verified
in writing by the Project Manager.
b. The total aggregate work under the agreement is at least 50% completed
and accepted (i.e.; payments equaling at least 50% of the contract amount
less retainage have been issued).
c. The retainage dollar amount to be released is based upon and consistent
with the prevailing percentage of cumulative retainage being held at the
time that the retainage is released.
SECTION TWENTY: Performance and Payment Bonds.
A contractor or vendor shall provide a surety bond from a surety company to guarantee
full and faithful performance of a contract obligation and the payment of labor and material
expended pursuant to a contract whenever, and in such amounts, as required by statute or
otherwise as deemed necessary by the Procurement Services Director. An irrevocable letter of
credit from a financial institution operating within the State of Florida(or other alternative forms
of surety as permitted under Florida law) may be sufficient in place of the performance bond if
so provided for in the bid and contract documents. All such bonds or letters of credit shall be
31
17 0 .
approved as to form by the County Attorney, and held by the Clerk's Board Minutes and Records
Department.
SECTION TWENTY ONE: Unauthorized Purchases.
All purchases made shall be consistent and in compliance with the Procurement
Ordinance. Any purchase or contract made contrary to the provisions hereof and contrary to
Florida law shall not be approved and the County shall not be bound thereby.
SECTION TWENTY-TWO: Prohibition against Subdivision.
No contract or purchase shall be subdivided to avoid the requirements of this
Procurement Ordinance or of State law.
SECTION TWENTY-THREE: Protest of Bid or Proposal Award.
The purpose of this section is to accommodate legitimate protests concerning formal
competitive solicitations and recommended contract awards prior to award of a contract by the
Board of County Commissioners.
1. Any respondent to an IFB, ITN, RFP, IFQ or RPS who alleges to be aggrieved in
connection with the solicitation or award of a contract, (hereafter referred to as "the protesting
party") may protest to the Procurement Services Director, who shall serve as the sole recipient of
any and all notices of intent to protest and all formal protests.
2. With respect to a protest of the terms, conditions and specifications contained in a
solicitation, including any provisions governing the methods for evaluation of bids, proposals or
replies, awarding contracts, reserving rights for further negotiation or modifying or amending
any contract, the protesting party shall file a notice of intent to protest within three (3) days,
excluding weekends and County holidays, after the first publication, whether by posting or
formal advertisement of the solicitation. The formal written protest shall be filed within five (5)
days of the date the notice of intent is filed. Formal protests of the terms, conditions and
specifications shall contain all of the information required for the Procurement Services Director;
to render a decision on the formal protest and determine whether postponement of the bid
opening or proposal/response closing time is appropriate. The Procurement Services Director's
32
17 0
decision shall be considered final and conclusive unless the protesting party files an appeal of the
Procurement Services Director's decision.
3. Any actual bidder or respondent to who desires to protest a recommended contract
award shall submit a notice of intent to protest to the Procurement Services Director within three
(3) calendar days, excluding weekends and County holidays, from the date of the initial posting
of the recommended award.
4. All formal protests with respect to a recommended contract award shall be
submitted in writing to the Procurement Services Director for a decision. Said protests shall be
submitted within five (5)calendar days,excluding weekends and County holidays,from the date
that the notice of intent to protest is received by the Procurement Services Director, and
accompanied by the fee, as set forth below. The protesting party must have standing as defined
by established Florida case law to maintain a protest.
The formal protest shall contain,but not be limited to the following information:
a. Name and address of County Agency affected and the solicitation number
and title.
b. The name and address of the protesting party.
c. A statement of disputed issues of material fact. If there are no disputed
material facts,the written letter must so indicate.
d. A concise statement of the ultimate facts alleged and of any relevant rules,
regulations, statutes, and constitutional provisions entitling the protesting
party to relief.
e. The protesting party's entitled demand for the relief.
f. Such other information as the protesting party deems to be material to the
issue.
The formal protest shall contain all arguments, facts or data supporting and advancing the
protestor's position. Under no circumstances shall the protestor have the right to amend,
33
17 D
supplement or modify its formal protest after the filing thereof.Nothing herein shall preclude the
County's authority to request additional information from the protesting party or other bidders or
proposers in conjunction with the review and rendering of decisions on the protest,including any
subsequent appeal.
5. In the event of a timely protest of contract award consistent with the requirements
of this section, the Procurement Services Director shall not proceed further with the award of the
contract until all appropriate administrative remedies as delineated under this section have been
exhausted or until the Board of County Commissioners makes a determination on the record that
the award of a contract without delay is in the best interests of the County. During this process,
the protesting party shall limit their communications with the County to the Office of the County
Attorney, and neither the protesting party, their agents or their representatives shall have any
private contact or discussions with individual County Commissioners, the County Manager,
other County employees, or any independent hearing officer (where applicable) regarding the
protest except such communications as may be required or permitted during a hearing, if
applicable, or a meeting of the County Commission wherein the solicitation or award is to be
considered.
6. The Procurement Services Director shall review the merits of each timely protest
and in consultation with the Contract Manager and other appropriate County staff, issue a
decision stating the reasons for the decision and the protesting party's rights of appeal under this
section. Said decision shall be in writing and mailed or otherwise furnished to the protesting
party. The decision of the Procurement Services Director shall be final and conclusive unless the
protesting party delivers a subsequent written notice of appeal to the County Manager within
three (3)calendar days, excluding weekends and County holidays from the date of receipt of the
decision. In filing a written objection to the Procurement Services Director's decision, the
protestor shall not introduce new arguments or alter in any other way their protest submission.
An appeal of the Procurement Services Director's decision shall be limited to a review of the
grounds set forth in the formal protest, and no new grounds or arguments will be introduced or
considered.
7. In the event of a subsequent appeal pursuant to subsection F,the County Manager
shall determine whether to appoint an independent Hearing Officer to review the formal protest
34
1 7 0
and the Procurement Services Director's decision. The Hearing Officer's review shall be limited
to the grounds set forth in the formal protest. The protesting party shall have the burden of proof.
The Hearing Officer shall consider the formal protest, the Procurement Services Director's
decision, and supporting documents and evidence presented at the hearing. In any hearing,
irrelevant, immaterial or unduly repetitious evidence shall be excluded. All other evidence of a
type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be
admissible whether or not such evidence would be admissible in a trial in the courts of Florida.
The Hearing Officer may grant the motion of any person having standing under Florida law to
intervene in the proceedings. Persons or parties shall have the right to be represented by counsel
in the proceedings, to call witnesses, and present evidence; provided, however, that the Hearing
Officer shall not have the right to compel attendance of witnesses or to permit or compel any
discovery.
The Hearing Officer will have a maximum of 60 days to schedule and conduct a hearing
into the matter and issue a recommended finding of fact and an opinion in writing to the County
Manager or designee for submission to the Board of County Commissioners. Should the Hearing
Officer find in favor of the County, the protesting party pay, in full, the costs of the Hearing
Officer. If the Hearing Officer's recommended decision is in favor of the protesting party, then
the County will assume this cost.
The County Manager's discretion as to whether to appoint a Hearing Officer shall in no
way afford the protestor the right to demand such an appointment or hearing. The decision of a
Hearing Officer on a protesting party's appeal shall be submitted to the Board for its
consideration as part of a final award decision. Nothing herein shall be construed as creating a
right of judicial review of the Hearing Officer's decision,nor shall such decision be binding upon
the Board. Additionally, nothing herein shall be construed as limiting the Board's right to reject
any and all bids or proposals.
8. Decisions of the Procurement Services Director and Hearing Officer (where
applicable) will be provided to the protestor prior to the award recommendation being presented
to the Board of County Commissioners. Neither the County Manager's decision nor the Hearing
Officer's recommended decision shall be construed as an award recommendation triggering
additional rights of protest pursuant to this policy. Notwithstanding anything set forth herein to
35
17 0
the contrary, the Board of County Commissioners shall retain the authority to make the final
award decision.
9. Failure to file a formal protest within the time and manner prescribed by this
policy shall constitute a waiver of the right to protest by any protesting party as defined by
subsection"A" of this policy.
10. As a condition of filing a formal protest to the Procurement Services Director the
protesting party shall submit a non-refundable filing fee for the purpose of defraying the costs of
administering the protest. The filing fee shall be submitted with the formal protest. Failure to pay
the filing fee shall result in the denial of the protest. The amount of the filing fee shall be as
follows:
Estimated Contract Amount Filing Fee
$250,000.00 or less $500.00
$250,000.01 to $500,000.00 $1,000.00
$500,000.01 to$5 million $3,000.00
$5 million or more $5,000.00
This fee may be modified by Resolution of the Board of County Commissioners.
SECTION TWENTY-FOUR: Contract Claims.
All actual or prospective claims arising against the County from contractors, vendors or
any other party in direct privity with the County to provide goods or services shall first be
directly addressed by the parties' administrative representatives in a manner consistent with the
agreement between the parties and in accordance with the County's procedures Manual.
For any prospective or actual claims or disputes arising under any contract entered into
by the County, the Procurement Services Director must determine the facts of the dispute. All
36
170 p
contract claims should follow the County's Vendor Payment Dispute Resolution Process
outlined in SECTION SIXTEEN.
SECTION TWENTY-FIVE: Inspection and Testing.
The Procurement Services Director shall inspect, or supervise the inspection of, or cause
to be inspected, all deliveries of commodities or services to determine their conformance with
the specifications set forth in an order or contract.
1. Inspection by Operating Department: The Procurement Services Director shall
authorize operating departments to inspect, prior to use, all deliveries made to such operating
departments under rules and regulations which the Procurement Services Director shall
prescribe.
2. Testing: The Procurement Services Director shall have the authority to require
chemical and physical tests of samples submitted with bids and samples of deliveries which are
necessary to determine their quality and conformance with specifications. In the performance of
such tests, the Procurement Services Director shall have the authority to make use of laboratory
facilities of any Agency of the County or of any contracted outside laboratory.
SECTION TWENTY-SIX: Purchasing Card Program.
The Procurement Services Director shall be responsible for the overall management and
operation of the County's purchasing card program in conformance with the Collier County
Administrative Practices and Procedures Manual. For the purpose of this Procurement
Ordinance, a purchasing card is a credit card officially assigned to specific employees under the
purview of the Board of County Commissioners' agency for the purpose of transacting small
and/or strategic purchases. The Procurement Services Director shall be authorized to assign
cards to employees for these purchases. The Procurement Services Director shall be responsible
for establishing the following dollar limits for each assigned card:
1. Single Transaction Limit: Not to exceed $1,000.00 per card unless otherwise
authorized by the Procurement Services Director.
37
170
2. Monthly Spending Limit: Not to exceed $10,000.00 per card unless otherwise
authorized by the Procurement Services Director.
3. Strategic Purchases: The Procurement Services Director may utilize (or delegate
the authority to other Agency staff to utilize) a purchasing card to place orders that exceed the
limits set forth under this section in instances where one or more of the following is true:
a. Where the purchase is to address a valid public emergency; or
b. Where the County will earn revenue through card program rebates; or
c. Where a vendor is requiring the County to order by purchasing card.
4. Sales Tax Compliance: Pursuant to F.S. § 212.08(6), County purchases transacted
with vendors within the State of Florida are exempt from the State sales and use tax. In such
instances, it is the responsibility of the cardholder to provide the vendor with the appropriate tax
exemption information when the card is presented to the vendor. In the event that the cardholder
fails to provide the vendor with the appropriate tax exemption information when the card is
presented the cardholder may be responsible for payment of the tax.
It is the position of the Board that it is not cost effective or in the public interest to require
a cardholder to seek a credit for sales tax collected when the total sale does not exceed $300. In
the event that the total sale exceeds $300, the cardholder's Director is responsible to ensure the
tax is returned to the County for the purchase.
In all such instances, the Procurement Services Director shall ensure that the purchase has
been approved subject to all other provisions of this policy. All fixed assets purchased using a
purchasing card shall be properly reported to the Fixed Assets Section of the Clerk of Courts
Finance Division so that it can be properly recorded.
SECTION TWENTY-SEVEN: Conflict of Interest.
The procurement of goods and shall comply with all applicable state, local and federal
laws concerning ethics and conflict of interest.
SECTION TWENTY-EIGHT: Debarment and Suspension.
38
17 0
The County Manager may suspend and/or debar vendors, contractors, consultants and
other interested and affected persons from active participation in obtaining County contracts
upon approval of the Board. The purpose of any such action shall be to protect the County's
interests and the integrity of the County's contracting process. The suspension and debarment
processes shall be considered to be separate from and in addition to the award evaluation and
vendor performance evaluation processes authorized elsewhere in this Procurement Ordinance.
1. Definition of Terms: For the purposes of this section, the following terms have
been defined as follows:
a. Affiliate refers to associated business entities or individuals that control or
could control the contractor or are controlled by the contractor or could be
controlled by the contractor.
b. Civil Judgment refers to a judgment or finding of a civil offense by any
court of competent jurisdiction.
c. Contractor means any individual or legal entity that:
(1) Directly or indirectly (e.g.; through an affiliate), submits offers for
or is awarded, or reasonably may be expected to submit offers for
or be awarded, a County contract for construction or for
procurement of commodities and services, including professional
services;or
(2) Conducts business, or reasonably may be expected to conduct
business, with the County as an agent, surety, representative or
subcontractor of another contractor.
d. Conviction means a judgment or conviction of a criminal offense, felony
or misdemeanor, by any court of competent jurisdiction, whether entered
upon a verdict or a plea, and includes a conviction entered upon a plea of
nolo contendere.
39
170
e. Debarment means action taken by the County to exclude a contractor from
County contracting and County-approved subcontracting for a reasonable,
specified period as provided herein.
f. Preponderance of the Evidence means proof by information that,
compared with that opposing it, leads to the conclusion that the fact at
issue is more probably true than not.
g. Subcontractor: Any individual or legal entity that offers or agrees to
provide commodities or services to a party deemed to be a contractor
under this section.
h. Suspension refers to action taken by the County Manager to temporarily
disqualify a contractor from County contracting or County-approved
1
subcontracting pending action of the Board.
2. Suspension: The Procurement Services Director shall recommend to the County
Manager the suspension of a contractor, subcontractor or person from consideration for award of
contracts if there appears to be a reasonable basis for debarment as set forth herein. If a
suspension precedes a debarment, the suspension period shall be considered in determining the
debarment period. The suspension period shall not exceed ;twee six (6) months without the
approval of the Board of County Commissioners.
3. Debarment:
a. Causes for Debarment: The prospective causes for debarment include one
or more of the following:
(1) Conviction for commission of a criminal offense as an incident to
obtaining or attempting to obtain a public or private contract or
subcontract,or in the performance of such contract or subcontract.
(2) Conviction under state or federal law of embezzlement, theft,
forgery, bribery, falsification or destruction of records, receiving
stolen property, or any other offense indicating a lack of business
40
171)
integrity or business honesty which currently, seriously and
directly affects responsibility as a contractor.
(3) Conviction under state or federal antitrust laws arising out of the
submission of bids,proposals or other competitive offers.
(4) Violation(s) of County contract(s) provisions, which is (are)
deemed to be serious and to warrant debarment, including the
failure, without good cause, to perform in accordance with the
terms, conditions, specifications, scope, schedule or any other
provisions of the contract(s).
(5) Refusal to provide bonds,insurance or other required coverage and
certifications thereof within a reasonable time period.
(6) Refusal to accept a purchase order, agreement or contract, or
perform accordingly provided such order was issued timely and in
conformance with the solicitation and offer received.
(7) Presence of principals or corporate officers in the business of
concern, who were principals within another business at the time
when the other business was suspended or debarred within the last
three(3)years under the provisions of this section.
(8) Violation of the ethical standards set forth under applicable state or
county laws.
(9) Debarment of the contractor by another public agency.
41
170
(10) Submitting false invoices or invoices that mislead, misrepresent
the true costs incurred or falsely identify either a source of material
or a provider of a service.
(11) Any other cause deemed to be so serious and compelling as to
materially affect the qualifications or integrity of the contractor.
b. Procedure:
(1) The county department requesting the suspension or debarment
action shall submit to the Procurement Services Director a written
complaint setting forth the reason(s)for seeking debarment.
(2) The Procurement Services Director shall review the complaint,
verifywhether it is compliant with the provision of this
p �
Procurement Ordinance, direct any appropriate changes and
forward the complaint to the contractor.
(3) The contractor shall review the complaint and shall provide a
written response (with supporting documentation) to each
allegation. The response shall be provided to the Procurement
Services Director within ten (10) business days of receipt of the
notice of allegations. In the event that the contractor fails to
respond to the complaint within the prescribed time period, the
complaint, as forwarded to the contractor, shall become an
effective suspension or debarment decision without further appeal.
(4) In the event that the contractor files a timely and complete
response to the complaint and the suspension or debarment action
is based upon a conviction,judgment or other event(s) where there
42
170
is no significant dispute over material facts, the Procurement
Services Director shall determine the period of debarment on the
basis of the undisputed material information set forth or referenced
in the complaint,the contractor's reply and the parameters set forth
in this section. In the event that the Contractor objects to the
Procurement Services Director's recommendation, the Contractor
shall have a maximum of three (3) business days to file an appeal
of the debarment decision with the Procurement Services Director.
The appeal will be forwarded to and considered by the County
Manager, who will review the record compiled by the initiating
department and the contractor. Should the County Manager
overturn the Procurement Services Director's decision; the County
Manager shall formally cite the reasons for doing so.
(5) In the event that the contractor files a timely and complete reply to
the complaint and where the facts are in dispute, the Procurement
Services Director will convene a committee (hereinafter referred to
as "the committee") consisting of at least three individuals who
will review the complaint and the contractor's reply. The County
Manager shall formally appoint the committee, which will
generally consist of county employees, none of whom shall be a
member of the department initiating the complaint. At the
discretion of the County Manager, a member from private industry
with a particular area of relevant expertise may be appointed to the
committee, provided that this member is not a direct or indirect
competitor of the firm in question. The Office of the County
Attorney shall appoint a representative to attend the committee's
review of the findings. The representative shall not be considered
a voting member of the committee, but shall be available to
provide legal counsel to the committee as necessary. All members
appointed to serve on the debarment committee shall disclose, to
43
17 0
the Procurement Services Director any actual or prospective
conflicts of interest at the time of appointment or at the time in
which the member becomes aware of the actual or prospective
conflict.
(6) The Procurement Services Director shall chair the committee and
serve as the Procurement Department's representative to the
committee. The Procurement Services Director shall preside over
and facilitate the deliberations of the committee as a non-voting
member and serve as the County's liaison to the Contractor. All
voting committee members are prohibited from having any
communication regarding the issue outside the committee
deliberations with any of the parties involved in the specific
•
suspension or debarment or their representatives until after the
committee decision has been issued or, in the event of an appeal of
that decision by the contractor, until the conclusion of the appeal
process. All committee deliberations are subject to F.S. § 286.011.
(7) Where the material facts are in dispute, the committee shall
•
evaluate the evidence,judge the credibility of witnesses and base
its decision upon the preponderance of the evidence. Should the
contractor fail to appear at the hearing, the contractor shall be
presumed to be unresponsible and or non-responsive and shall be
subject to suspension or debarment. The committee decision shall
be by a majority vote of those voting members in attendance. The
committee shall be the sole trier of fact. In the event that the
committee decides to impose a debarment, the decision will
formally include, but not be strictly limited to the following
information:
(i) The specific reasons for the action;
44
17C
(ii) The scope of the debarment; and
(iii) The period of debarment, including the effective and
expiration dates.
The committee's decision shall be issued in writing within
20 business days of the conclusion of the hearing unless the
committee extends this period for good cause.
(8) The Procurement Services Director shall forward the committee's
decision to the contractor and affiliates involved. Should the
contractor object to the committee's decision, the contractor shall
have a maximum of three (3)business days to file an appeal of the
decision with the Procurement Services Director. The appeal will
be forwarded to and considered by the County Manager, who will
review the record compiled by the initiating department, the
contractor and the committee. Should the County Manager
overturn the committee's decision; the County Manager shall
formally cite the reasons for doing so.
Final recommendation for debarment shall be approved by the
Board.
c. Debarment Period:
(1) The committee shall recommend the period of debarment. The
debarment period shall be commensurate with the severity of the
cause(s)and approved by the Board.
45
17 0
(2) The committee (having the same or different composition) may
recommend to the Board a reduction in the debarment period upon
a written request from the contractor to do so, based on one or
more of the following reasons:
• (i) Newly discovered material evidence;
(ii) A reversal of the conviction, civil judgment or other action
upon which the debarment was based;
(iii) Bona fide change in ownership or management;
(iv) Elimination of other causes for which the debarment was
imposed;or
(v) Other reasons that the committee might deem appropriate.
The contractor's request shall be submitted to the Procurement
Services Director in writing and shall be based on one or more of
the aforementioned reasons.
3. The decision of the Board regarding a reduction of the debarment
period is final and not subject to appeal.
d. The Effects of Debarment:
(1) Debarred contractors are excluded from receiving County
contracts. Departments shall not solicit offers from, award
contracts to, or consent to subcontractors with debarred
contractors. Debarred contractors are excluded from conducting
46
170
business with the County as agents, representatives, subcontractors
or partners of other contractors.
(2) The Procurement Services Division-shall maintain a list of firms
places under a Suspended or Debared category and shall make that
list known as a public record.
(3) Divisions may not renew or otherwise extend the duration of
current contracts with debarred contractors in place at the time of
the debarment unless the Board determines that it is in the best
interests of the County to allow the contractor to continue or finish
the work within an additional,limited period of time.
(4) When a debarred contractor is proposed as a subcontractor for any
subcontract subject to County approval, the department shall not
consent to subcontracts with such contractors.
(5) The County shall not be responsible for any increases in contract
costs or other expenses incurred by a contractor as a result of
rejection of proposed subcontractors, provided that the
subcontractor was debarred prior to the submission of the
applicable bid or proposal offer.
e. The Scope of Debarment: Debarment applies to all officers, Directors,
Managers, principals, Procurement Services Directors, partners, qualifiers,
divisions or other organizational elements of the debarred contractor,
unless the debarment decision is limited by its terms to specific divisions,
organizational elements or commodity/services. The committee's decision
includes any existing affiliates of the contractor if they are specifically
named and are given written notice of the proposed debarment and an
47
17C1El-
opportunity to respond. Future affiliates of the contractor are subject to the
pre-existing terms of the committee's decision.
SECTION TWENTY-NINE: Waiver of Ordinance.
The Board of County Commissioners shall have the authority to waive any and all
Procurement Ordinance provisions within lawful guidelines and upon formal Board action.
SECTION THIRTY: 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 the 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 THIRTY-ONE: 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 THIRTY-TWO: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
48
17 0
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this 14th day of March , 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA
By: 411 . By
Attest as to Chairman's'
eputy Cler PENNY TA , C
signature only. i
A•.rove. as too • d legality:
I�;
IsmiL
Scott R. e. h
Deputy County Attorney
This ordinance filed with tn,
Secretary of 5 te's Office the
5 ioyof _LI.tI
and acknowledgement of that
filing received this day
of irc
By- A .
c .
49
4 170
if,_ *it
it, ,-,:e:44-1
,,t, 10
„$ lug
FLORIDA DEPARTMENT Of STATE
d
RICK SCOTT KEN DETZNER
Governor Secretary of State
March 15, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2017-08,which was filed in this office on March 15,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us