Agenda 04/28/2015 Item #12A 4/28/2015 12.A.
EXECUTIVE SUMMARY
Recommendation pursuant to Collier County Resolution No. 95-632 that the Board of
County Commissioners authorizes the Office of the County Attorney to select and retain
outside counsel to represent County Manager Leo E. Ochs, Jr., as well as Procurement
Services Director, Joanne Markiewicz, who are being sued by Clerk of Courts Dwight E.
Brock in the case styled Dwight E. Brock v. Leo E. Ochs, Jr. as Manager/Administrator of
Collier County and Joanne Markiewicz, as Purchasing and General Services Division
Director, Case No. 11-2015-CA-000595-0001-XX, in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, and Waive the Purchasing Policy to the
Extent it May Apply to the Selection of Outside Counsel and/or Otherwise Exempt the
Selection of Outside Counsel From Competition Pursuant to Purchasing Ordinance Section
Eleven Procurement of Professional Services, B5, and to direct the County Attorney to take
action to intervene in this litigation on behalf of the Board of County Commissioners.
OBJECTIVE: To get direction from the Board in responding to a complaint filed by the Clerk
of Courts against individual County employees acting in their official capacity.
CONSIDERATIONS: Collier County Resolution No. 95-632 sets forth the Board's policy with
regard to providing a defense and paying legal expenses of County Commissioners, employees
and advisory board members who are sued individually in lawsuits. A copy of both the
Complaint and Resolution No. 95-632 are attached. Leo E. Ochs, Jr. and Joanne Markiewicz are
named as defendants in the Complaint.
General Overview
The Complaint is the culmination of a longstanding dispute between the Clerk and the Board of
County Commissioners with respect to the County's purchasing practices. Many of these issues
were resolved by the Board's adoption of Ordinance No. 2013-69, which established a new
Purchasing Ordinance, and which was the result of a cooperative effort by the Clerk and County
Staff. What was left to resolve were purchases under $50,000, which were to be processed in
accordance with the Purchasing Manual. It had been agreed that until a new Purchasing Manual
was adopted by the Board, that the parties would continue with the current Purchasing Policy
adopted by the Board through Resolution 2009-030. The parties were unable to reach agreement
on a question to present to the Attorney General, and ongoing discussions with respect to this
matter have apparently reached a stalemate.
The contract at issue involves online training services for staff, with first year costs at
$32,905.20. The Purchasing Policy Resolution No. 2009-030 provides that such contracts can
be awarded by the Purchasing Director as follows:
IV. INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT
NOT GREATER THAN$50,000)
A. All purchases exceeding $3,000 but not more than $50,000 shall be awarded by the
Purchasing Director to the qualified and responsive vendor submitting the lowest or
best overall quote which meets all specifications, unless the requirement for
competition is waived by the Purchasing Director in accordance with Section 4.B.
All such purchases may be solicited and awarded without formal public
announcement and without formal competition.
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4/28/2015 12.A.
1. Minimum Number Quotes: Open market purchases or sales in excess of$3,000
but less than or equal to the formal competitive threshold shall be based on a
good faith effort by the Purchasing Department or the using agency to obtain at
least three (3) competitive quotes (including all "no quote" responses). Award
shall be made to the lowest, qualified and responsive quote in accordance with
the standards set forth in this Policy.
2. Solicitation of Quotes: The Director may solicit quotes orally, written, or
electronically for open market pricing or sale, using available bidders' and
supplier lists. The Director shall determine in which instances quotations shall
be solicited in writing. Further the Director shall determine which agency (e.g.;
Purchasing or the using agency) shall obtain the quotations. All quotes in excess
of ten thousand dollars $1 0,000 shall be tendered or confirmed in writing or
electronically submitted by the vendor prior to purchase.
3. Public Record: The Director shall keep a record of all open market quotes
submitted and such records shall be open to public inspection after award has
been made.
The question is whether the Board wishes to continue its current policy direction. If the Board
wishes to review and approve this type of agreement, then the Purchasing Policy needs to be
changed. If the Board wishes to continue its current policy direction, then it must defend its
Policy.
The Particulars of the Complaint
The Complaint sets forth an extensive factual background. The Complaint alleges that the
Procurement Department issued solicitation ITB 14-6265 Online Safety Training Program on or
about July 2, 2014 and awarded the work to Skillsoft Corp. The Complaint further alleges that
the County Manager and Director Markiewicz have unlawfully entered into a contract with
Skillsoft for $32,905.20, without the review and approval of the Board and without the Board
making a determination of the existence of a valid public purpose. The Clerk believes that the
Agreement is null and void from its inception, and that it would be unlawful to pay the
December 19, 2014 Skillsoft Invoice. The Complaint provides: "In performing his constitutional
and statutory roles and responsibilities, including, but not limited to review the December 19,
2014 Skillsoft Invoice and Skillsoft Contract documents and making a determination as to the
legality of the expenditure, including but not limited to the legality or validity of the Skillsoft
Contract, the CLERK, in exercising his discretionary authority as to the legality of the
expenditure has determined that:
A. the Board did not approve the Skillsoft Bid.
B. the Board did not award any contract under ITB 14-6265 to Skillsoft.
C. the Board did not approve the Skillsoft Contract.
D. the Board did not execute or sign the Skillsoft Contract.
E. the execution of the Skillsoft Contract by MARKIEWICZ was unlawful and ultra
vires.
F. the Skillsoft Contract is void ab initio,from its inception.
G. it would be unlawful to pay the Skillsoft December 19, 2014 Invoice."
The CLERK is seeking judgment against the Defendants and the entry of an order:
A. Affirming the discretionary authority of the CLERK to make the determination as
to the legality of the expenditure of COLLIER COUNTY funds, public funds.
[15-0595-CA/1173607/1]
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4/28/2015 12.A.
B. Affirming the determination made by the CLERK that the Skillsoft Contract is not
a valid contract and is null and void.
C. Declaring that the Skillsoft Contract is not a valid contract and is null and void.
D. Declaring that the CLERK has no duty or obligation to disburse COLLIER
COUNTY or public funds to Skillsoft under the Skillsoft Contract or the
December 19, 2014 Skillsoft Invoice.
E. Granting such other and further relief as the court deems proper.
In Count II of the Complaint, the CLERK is seeking Injunctive Relief as to Section
125.74(1)(m), Fla. Stat., to enjoin the County Manager and Director Markiewicz from "engaging
in activities beyond those authorized in Section 125.74(1)(m), Fla. Stat.," which provides the
County Manager/Administrator may have the following specific powers and duties: "Negotiate
leases, contracts, and other agreements, including consultant services, for the county, subject to
approval of the board, and make recommendations concerning the nature and location of county
improvements." The CLERK seeks an injunction preventing the County Manager and Director
Markiewicz and those employees who report to them from "signing, executing or entering into
any contract or agreement or consummating any transaction on behalf of the COLLIER
COUNTY or the BOARD, without the express approval of the BOARD as to each such contract
or agreement." (Complaint para. 45).
Direction Sought
The County Attorney and County Manager seek direction from the Board as to whether the
Board wishes to continue the policy that is being challenged by the Clerk. If the answer to this
question is no, then the Purchasing Policy will need to be changed, and the suit presumably
would be quickly disposed of.
If the Board wishes to continue this policy, the County Attorney and County Manager seek the
following direction:
1. Direction as to providing a legal defense for the Defendants Ochs and Markiewicz
who were sued in their official capacity for work performed in the course and scope of their
employment. Resolution No. 95-632, Section 2(a), provides: "Legal representation shall be
provided in civil actions and in civil rights lawsuits only if the litigation involving the County
person to be represented arises out of or in connection with the performance of official duties and
while said County person was serving a valid public purpose." Under this policy, the Board
"has the discretion to determine whether to directly represent such individual through the County
Attorney's Office or to select counsel to represent said County person..."
2. Whether the Board wishes to direct the County Attorney to take action to intervene in
this litigation on behalf of the Board of County Commissioners, as it is the Board's Policy that is
being challenged, and the Board is not currently a named Defendant.
The Defendants County Manager and Director Markiewicz followed the Purchasing Ordinance
and Resolution No. 09-30 in the procurement of the contract at issue. This policy is substantially
similar to that of many other counties and local governments in Florida, and this suit raises issues
that could have state-wide implications. Accordingly, should the Board decide to intervene in
the litigation and/or provide a legal defense for the named Defendants, the County Attorney will
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seek to retain the law firm of Nabors Giblin which specializes in local government issues, and
may seek assistance from the Florida Association of Counties.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: This fiscal impact will depend on Board direction. Board direction to
amend the Purchasing Policy will result in an increase in administrative costs that are difficult to
measure. Board direction to intervene in the litigation will result in not insubstantial costs. It is
the intent of the County Attorney not to engage in any meaningful pre-trial discovery but to treat
this as a declaratory type action, which would hopefully keep costs low. Should the Board
appoint separate counsel for the County Manager and/or the Purchasing Director, that counsel
may take a different course of action, and the Clerk's approach to this case may also impact the
costs in defending this action.
RECOMMENDATION: That pursuant to Collier County Resolution No. 95-632 that the
Board of County Commissioners authorizes the Office of the County Attorney to select and
retain outside counsel to represent County Manager Leo E. Ochs, Jr., as well as Procurement
Services Director, Joanne Markiewicz, who are being sued by Clerk of Courts Dwight E. Brock
in the case styled Dwight E. Brock v. Leo E. Ochs, Jr. as Manager/Administrator of Collier
County and Joanne Markiewicz, as Purchasing and General Services Division Director, Case
No. l 1-2015-CA-000595-0001-XX, in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida, and Waive the Purchasing Policy to the Extent it May Apply to the
Selection of Outside Counsel and/or Otherwise Exempt the Selection of Outside Counsel From
Competition Pursuant to Purchasing Ordinance Section Eleven Procurement of Professional
Services, B5, and to direct the County Attorney to take action to intervene in this litigation on
behalf of the Board of County Commissioners.
Prepared by: Jeffrey A. Klatzkow, County Attorney and Leo E. Ochs, County Manager
[15-0595-CA/1173607/1)
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4/28/2015 12.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.12.A.
Item Summary: Recommendation pursuant to Collier County Resolution No. 95-632 that
the Board of County Commissioners authorizes the Office of the County Attorney to select and
retain outside counsel to represent County Manager Leo E. Ochs,Jr., as well as Procurement
Services Director,Joanne Markiewicz, who are being sued by Clerk of Courts Dwight E. Brock in
the case styled Dwight E. Brock v. Leo E. Ochs,Jr. as Manager/Administrator of Collier County
and Joanne Markiewicz, as Purchasing and General Services Division Director, Case No. 11-
2015-CA-000595-0001-XX, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, and Waive the Purchasing Policy to the Extent it May Apply to the Selection of
Outside Counsel and/or Otherwise Exempt the Selection of Outside Counsel From Competition
Pursuant to Purchasing Ordinance Section Eleven Procurement of Professional Services, B5, and
to direct the County Attorney to take action to intervene in this litigation on behalf of the Board
of County Commissioners.
Meeting Date: 4/28/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
4/22/2015 3:42:22 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
4/22/2015 3:42:23 PM
Approved By
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 4/22/2015 4:56:07 PM
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4/28/2015 12.A.
Population Signature Delegated
Signature Delegated Dollar
(Bureau of Dollar Threshold by Contract Approval
Threshold by Purchasing Charter
Index County Economic and County Manager/ Req'd by BCC(above
Director(or other Board County
Business Research Adminstrator or dollar amount)
Director)
2014) Designee
1 ALACHUA 248,002 $25,000 $25,000-$50,000 $50,000 y
2 BAKER 26,881 N/A $10,000 $10,000 N
3 BAY 169,866 $50,000(purchasing $100,000(county $100,000 N
director approval level; manager approval level;
reports are not taken to the reports are not taken to
Board) the Board)
4 BRADFORD 27,217 N/A $25,000 $25,000 N
5 BREVARD 548,424 25,000 $100,000 $100,000 y
6 BROWARD 1,784,715 $250,000 N/A $250,000 y
7 CALHOUN 14,621 $10,000 $10,000 N
8 CHARLOTTE 163,679 $50,000 $125,000 $125,000 y
9 CITRUS 140,519 Below$10,000 Department N/A $25,000 N
Directors make decisions
(can sign contracts with
final review by Finance
before executing P0;Above
$10,000-$25,000(can sign
contracts with final review
by Finance before executing
PO(Purchasing within the
Office Management and
Budget)
10 CLAY 192,843 $5,000 $5,000-$25,000 $25,000 y
11 COLLIER 333,663 50,000 N/A $50,000 N
12 COLUMBIA 67,489 $20,000 $25,000 $25,000 y
13 DE SOTO 34,367 $2,500 $2,500-$25,000 $25,000 N
14 DIXIE 16,263 N
15 DUVAL 876,075 $30,000 $30,000 y
16 ESCAMBIA 301,120 $50,000(up to this amount; N/A $50,000 N
the board has approved the
purchasing director signing
per their code;report never
sees or approves contracts
after approval)
17 FLAGLER 97,843 $10,000 $10,000-$25,000 $25,000 N
18 FRANKLIN 11,562 N/A N/A $10,000 N
19 GADSDEN 47,588 $25,000 N
20 GILCHRIST 16,880 N/A $5,000 $5,000 N
21 GLADES 12,658 N/A $2,500 $2,500 N
22 GULF 16,106 $25,000 $25,000 N
23 HAMILTON 14,507 N/A $500 $500 N
24 HARDEE 27,682 $5,000-$25,000 515,000-525,000 $25,000 N
25 HENDRY 37,808 N/A $10,000 $10,000 N
26 HERNANDO 173,808 $35,000 Up to(State N/A $35,000 N
Statute Category Two;no
report to Board)
27 HIGHLANDS 99,092 N/A $25,000 $25,000 N
28 HILLSBOROUGH 1,276,410 N/A $100,000 $100,000 y
29 HOLMES 20,022 No Purchasing Department $500 $500 N
Packet Page -213-
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Population .. Delegated
Signature Delegated Doar
(Bureau of Dollar Threshold by Contract Approval
Threshold by Purchasing Charter
Index County Economic and County Manager/ Req'd by BCC(above
Director(or other Board County
Business Research Adminstrator or dollar amount)
Director)
2014) Designee
30 INDIAN RIVER 139,586 $25,000(She can issue up to$50,000(He can $50,000 N
standard purchase order issue standard purchase
terms and conditions and order terms and
no report to the board;she conditions and no report
cannot sign a contract to the board;he cannot
unless approved by Board) sign a contract unless
approved by Board)
31 JACKSON 50,166 N/A $5,000 $5,000 N
32 JEFFERSON 14,554 N/A $5,000-$10,000 $10,000 N
33 LAFAYETTE 8,618 N/A $5,000 $5,000 N
34 LAKE 303,317 $25,000 delegated from $25,000 delegated from $25,000 N
Board to County Manager Board to County Manager
to Purchasing Manager (with no additional Board
(with no additional Board Approval)
Approval)
35 LEE 643,367 $50,000 $50,000-$100,000 $100,000 y
36 LEON 278,377 $5,000-$50,000 $50,000-$100,000 $250,000 y
37 LEVY 40,304 $25,000 N/A $25,000 N
38 LIBERTY 8,483 No Purchasing Department $1,000 $1,000 N
39 MADISON 19,395 No Purchasing Department $5,000 $5,000 N
40 MANATEE 333,880 $1,000,000(signs contracts N/A $1,000,000 N
up to this amount without
Board approval)
41 MARION 335,008 N/A $50,000 $50,000 N
42 MARTIN 148,077 Up to 50,000 signature $50,000 and over with $200,000 N
authority with no other exceptional limits below
review by Finance and no without going to the
report to the Board(some Board or through Finance
exception by County (CCNA Contracts greater
Attorney when she is than$200K are approved
uncertain) by Board and signed by
County Administrator;
Construction greater than
$1M approved by Board
and signed by County
Administrator)
43 MIAMI DADE 2,582,375 $500,000 N/A $500,000 y
44 MONROE 73,560 $10,000 $10,000-$50,000 $50,000 N
45 NASSAU 74,661 $50,000 $50,000 N
Packet Page-214-
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Population Signature Delegated
Signature Delegated Dollar
(Bureau of Dollar Threshold by Contract Approval
Threshold by Purchasing ,
Index County Economic and County Manager/ Reqd by BCC(above
Director(or other Board County
Business Research Adminstrator or dollar amount)
Director)
2014) Designee
46 OKALOOSA 188,349 $25,000(purchasing $50,000 $50,000 N
director approval level;
reports are not taken but
Finance plays a role in
approving purchase order
for valid purpose and GL
accounts)
47 OKEECHOBEE 39,762 $10,000 $10,000 $10,000 N
48 ORANGE 1,202,978 $10,000-$50,000 N/A $50,000 y
49 OSCEOLA 288,361 $100,000 N/A $100,000 y
50 PALM BEACH 1,345,652 $200,000 N/A $200,000 y
51 PASCO 473,566 $15,000(Can issue $15,000-$25,000 $25,000 N
standard purchase orders
up to the amount;but all
contracts must be approved
by the Board prior to
execution)
52 PINELLAS 926,610 $100,000 $100,000-$250,000 $250,000 y
53 POLK 613,950 $50,000 N/A $50,000 y
54 PUTNAM 72,605 N
55 SAINT JOHNS 201,541 $100,000(purchasing $$100,000 $100,000 N
director approval level;
reports are not taken to the
Board)
56 SAINT LUCIE 281,151 $4,999(Purchasing Director $50,000 or less Above$50,000 N
has authority to sign after
CAO review with no further
board action;
$15,000 individual
Department Director has
authority to sign after CAO
review with no further
board action)
57 SANTA ROSA 157,317 $10,000 $10,000 N
58 SARASOTA 385,292 $100,000 N/A $100,000 y
59 SEMINOLE 431,074 $50,000 $100,000 $100,000 y
60 SUMTER 105,104 $10,000 $10,000-$25,000 $25,000 N
61 SUWANNEE 43,873 No Purchasing Department $3,500 $3,500 N
62 TAYLOR 23,018 N/A $25,000 $25,000 N
63 UNION 15,483 No Purchasing Department $2,000 $2,000 N
64 VOLUSIA 498,978 $25,000 $25,000-$50,000 $50,000 y
65 WAKULLA 30,869 $5,000 $5,000-$10,000 $10,000 y
66 WALTON 57,779 $15,000 $15,000-$25,000 $25,000 N
67 WASHINGTON 24,793 N/A $10,000 $25,000 N
Packet Page-215-
4/28/2015 12.A.
Collier County
Annual Average 2 - FY14)
Purchases ley(FY1 Dollars
Non Contract Purchases
$6.04M
2%
(0-3K)
Purchasing Card Purchases
$2.4M
1%
Non Contract Purchases u` :
a � 4 y r
` v q',4,''.''''.:(3K-SOK)
� �'$96M ,ya� i�4% +41: : ' ub? t'� L4 —� A � `�. i � '.�d`t 4" b t,,,-1,-,..,,,,---,-,, �F � �,a7 ,p �
�G^ ,x fit � :k'`
Corcs
BCC ntract Approved Puhase
237.2M
93% �
Collier County
Annual (FY12 - FY14)
Purchase Average Transactions Contract Transactions
BCC Approved
3,101
18%
Non Contract Transactions
�� (3K-50K)
a f r z 1,590 9%
,., >s is -
m
Purchasing Card Non Contract Transactions
Transactions (0-3K)
10,788 2,114
61% 12%
Packet Page-216-
4/28/2015 12.A.
Bay County
Sec. 2-115. Small procurements.
Any procurements of less than $50,000.00 may be made on the open market without formal
bidding. Such procurement, when practicable, shall utilize informal competitive procurement
procedures, utilizing a competitive oral or written request for quotations for goods and services.
Awards shall be made to the offeror providing the most value to the county. Procurements shall not
be artificially divided so as to constitute a procurement of less than $50,000.00.
The following are the guidelines to be used for formal and informal quoting:
(1) Zero dollars to, but not exceeding, $10,000.00. No quotes are required for purchases of
$1,000.00 or below. Two telephone quotes (if available) are required for purchases over
$1,000.00 and up to $10,000.00. Division manager/superintendent approval required.
(2) Over$10,000.00 but not exceeding$20,000.00. Two telephone quotes (if available) are
required. Department director approval needed.
(3) Over$20,000.00 but not exceeding$50,000.00. Two written quotes (if available) are
required. Purchasing director approval needed.
(4) Over $50,000.00 but not exceeding$75,000.00. Competitive formal bidding procedures
apply. Assistant county manager approval needed.
(5) Over $75,000.00 but not exceeding$100,000.00. Competitive formal bidding procedures
apply. County manager approval needed. In the case of legal expenditures, county
attorney approval needed. Professional legal services are not subject to competitive
bidding requirements as well as exemptions to CCNA.The requesting department/division
shall pay particular attention to contracts/services agreements which have the potential
to exceed the $100,000.00 limit over the life of the contract.
(6) Over $100,000.00. Competitive formal bidding procedures required and the board of
county commissioners must award bid at regular scheduled county commission meeting
or not accept any bids and re-bid.
(7) Exception. To the extent that cumulative purchases of goods or services for the solid
waste disposal and recovery system do not exceed the total yearly budget approved by
the board of county commissioners under the operation and maintenance agreement for
the solid waste and disposal recovery system for such purchases in such budgetary year,
authorization to purchase in excess of$100,000.00 is granted to the county manager
upon the determination of the utility director or the purchasing director.
(Ord. No. 07-52, § 15, 11-6-07; Ord. No. 08-26, § 3, 5-27-08; Ord. No. 13-08, §2(Exh. 1),3-5-13)
Packet Page -217-
4/28/2015 12.A.
ORDINANCE NO.: 13-08
AN ORDINANCE OF THE, BOARD OF COUNTY
COMMISSIONERS OF BAY COUNTY, FLORIDA, PROVIDING
FOR AMENDMENTS TO THE BAY COUNTY PROCUREMENT
CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL; PROVIDING FOR INCLUSION IN CODE;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the Board of County Commissioners of Bay County,
Florida:
SECTION 1. PURPOSE. The purpose of this ordinance is to amend Chapter 2,
Article III, Division 3,Procurement Code, of the Bay County Code.
SECTION 2. AMENDMENT. CHAPTER 2, ARTICLE III, Division 3,
Procurement Code of the Bay County Code is amended as set forth on attached
Exhibit 1 with underlined text as additions and strikethrough text as deletions.
SECTION 3. SEVERABILITY. If any section, subsection, clause, phrase, or
provision of this Ordinance is held invalid or unconstitutional, such invalidity or
unconstitutionality shall not be construed as to render invalid or unconstitutional
the remaining provisions of this Ordinance.
SECTION 4. REPEAL. All ordinances or parts of ordinances in conflict with
this Ordinance are to the extent of such conflict hereby repealed.
SECTION 5. INCLUSION IN CODE. This Ordinance shall become and be made
a part of the Code of Bay County, Florida. Sections of this Ordinance may be
renumbered or re-lettered and the word "ordinance" may be changed to
"section", "article" or other appropriate designation.
SECTION 6. EFFECTIVE DATE. A certified copy of this Ordinance as enacted
shall be filed by the Clerk of the Board with the office of the Secretary of State of
the State of Florida within ten (10) days after enactment and this Ordinance shall
take effect immediately in accordance with Section 125.66 (2), Florida Statutes.
1
Packet Page -218-
4/28/2015 12.A.
114)
DULY ADOPTED in regular session this day of March, 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
BAY CO "•! LORIDA
- VpTY C� ,- ,,
0. i ,
o • A
E L.
-'
Bill Kinsaul,Clerk . GV .;' ^,47 ., . Gainer,Chairman m 1 ot - .44,>,. ...,%.4.,
Approved as to fore
a. '; �i A ; .74 • . ,
• niY .
4S
Office of County Attorne v 4//tjm o �
2
Packet Page -219-
4/28/2015 12.A.
EXHIBIT 1 TO ORDINANCE
DIVISION 3. - PROCUREMENT CODE
Sec.2-101.-Short title.
Sec.2-102.-Purpose.
Sec.2-103.-Definitions.
Sec.2-104.-Applicability.
Sec.2-105.-Exemptions.
Sec.2-106.-Central procurement system.
Sec.2-107.- Procurement of goods or services.
Sec.2-108.-Conflict of interest.
Sec.2-109. Purchasing card.
Sec.2-110.-Authority of county manager or his or her designee.
Sec.2-111.-Delegation of authority.
Sec. 2-112.-Procurement manual.
Sec.2-113.-Competitive sealed bid process.
Sec.2-114.- Protested solicitations and awards.
Sec.2-115.-Small procurements.
Sec.2-116.-Procurement under federal or state procedures.
Sec.2-117.-Suspension and debarment.
Sec.2-118.-Miscellaneous provisions.
Sec.2-119.-Change orders.
Sec.2-120.-Direct purchases.
Sec.2-121.-County employees.
Secs.2-122.-—Design-build Contracts 2 130. Reserved.
Secs.2-123–2-130.-Reserved
Sec. 2-101. -Short title.
This division shall be known and may be cited as the "Bay County Procurement Code."
(Ord. No. 07-52, § 1, 11-6-07)
Sec. 2-102. - Purpose.
The purpose and intent of this division is:
(1) To clarify the law governing the county's procurement system.
(2) To ensure the fair, equitable, and uniform treatment of all persons who deal with the
procurement system of this county.
(3) To foster effective broad based competition within the free enterprise system in procurement
activities.
(4) To establish a purchasing department under the management supervision of the county
manager. The county manager may delegate such authority as he/she deems applicable, to the
purchasing director, or others to facilitate the day-to-day operations of the purchasing department.
(Ord. No. 07-52, § 2, 11-6-07)
Sec. 2-103. - Definitions.
Addendum. Additional directions or modifications during the county procurement process to a
solicitation which is issued as a separate advisory document after issuance of such solicitation by the
purchasing director or their designee.
Page 1 of 18
Packet Page -220-
4/28/2015 12.A.
EXHIBIT 1 TO ORDINANCE
Administration. Consists of the county manager and the deputyassistant county managers who are
appointed by the board of county commissioners and shall serve as the administrative head of the
county and shall be responsible for the administration of all departments of the county government
which the board of county commissioners has authority to control pursuant to the general laws of
Florida, or other applicable legislation.
Amendment. The method of changing the terms, conditions, or requirements of a contract or agreement
beyond what is specifically provided for in that contract or agreement. All amendments shall be
approved with equal dignity and formality as the original contract signed by the individuals holding the
positions of the original signatories; provided however, that any amendment which causes a contract
expenditure to exceed original amount, shall be approved by the board of county commissioners.
Capital improvement project. Any public improvement which the county undertakes including the
construction or reconstruction in whole or in part of any building, road, highway, street improvements,
plant, structure, or facility necessary in carrying out the functions of the county government.
Change order. A written order amending a purchase order to correct errors, omissions, or
discrepancies in it, to cover acceptable cost over-runs and freight costs, to incorporate requirements to
expand or reduce the scope of goods or services ordered, or to direct other changes in the contract
execution to meet unforeseen field, emergency, climatic, regulatory, or market conditions.
Competitive bidding. Two or more bids or proposals submitted for the same item or services by
responsible bidders.
Construction Management at Risk. A form of contracting with a licensed Florida general contractor who
provides construction .management services for a project throughout the preconstruction and
construction phases. These services may include preparation and coordination of bid packages,
scheduling, cost control, value engineering, evaluation, other preconstruction services and construction
administration.
. Consultant's Competitive Negotiation ACT(CCNA). The official name for F.S. § 287.055, relating to the
procurement of architectural, engineering, landscape architecture, and registered land surveying
services. These services shall be procured by letters of interest and qualifications, and competitive
selection and negotiation.
Contract. A deliberate verbal or written agreement between two or more competent parties to perform
or not perform a specific act or acts. Any type of agreement regardless of what it is called for the
procurement or disposal of supplies, services or construction.
Contractor. Any person or firm having a contract with the county.
Cooperative purchasing. A procurement conducted by or on behalf of more than one public
procurement unit.
Debarment. The exclusion for cause of a vendor or contractor from bidding and/or doing business with
the county.
Emergency purchases. Those procurements which shall be exempted from the mandatory bid
requirements of this article in the event of a state of emergency, because the circumstances of the
delay incident in complying with such requirements would be detrimental to the health, safety and
welfare of the citizens of the county; such emergencies shall include, but are not limited to, war,
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declared or undeclared; insurrection; hurricane; flood; tornadoes or any other form of disaster or
unforeseen circumstances threatening destruction of life or damage to property. This exemption shall
be in effect through any such circumstances, including the clean up and repair of property following
such an event.
Employee. An individual of a governmental body of the county government under the control of the
board of county commissioners who is drawing a salary or wages from the board.
Fixed assets. Assets of a long-term character, which are intended to continue to be held or used
generally for more than one fiscal year, such as land, buildings, improvements other than buildings,
machinery and equipment.
General Services. Support services performed by an independent contractor requiring specialized
knowledge, experience, or expertise that includes, but is not limited to, pest control, ianitorial, laundry,
catering, security, lawn maintenance and maintenance of equipment.
Goods. Includes, but is not limited to, supplies, equipment, materials and printed matter that is
available for competitive pricing.
Inventory. A detailed list showing quantities, descriptions and values of property and, frequently, units
of measure and unit prices.
Invitation to bid. The solicitation document used for competitive sealed bidding for the purchase of
goods and/or services; all documents, whether attached or incorporated by reference, utilized for
soliciting bids.
Local government. Any county or municipality.
Open purchase order. A purchase order whereby a vendor provides to the county supplies, services, or
construction work on demand or on a prescribed schedule which shall not exceed a period of 12
consecutive months. An open purchase order may be used as a release and encumbrance document
to authorize the county to order on an as-needed basis a pre-determined amount of supplies, services,
or construction work from an open end contract.
Posting. The act whereby the county places on a bulletin board, in a designated location, a listing which
indicates the vendor or vendors that county staff is recommending receive the award of an invitation for
bid or request for proposal. It is also public notice of any official action by the county in matters relating
to this article, including suspension or debarment.
Procurement. Buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services or
construction. It also includes all functions that pertain to the obtaining of any supply, services, or
construction, including description of requirements, selection and solicitation of sources, preparation
and award of contract, and all phases of contract administration.
Professional services. Any narrow discipline wherein a known practitioner has through education and
experience developed expert advisory and programming skills as a vocation; any service performed
primarily by vocational personnel which requires the analysis or certification of a professional before the
services are acceptable to the user of the service; or any other advisory, study, or programming activity
where the purchasing manager determines that the level of skills and/or creativity or the potential or
known practitioner warrant procurement in lieu of competitive bid or quotation process.
Proposal. An executed formal document submitted to the county stating the goods and/or services
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offered to satisfy the need as requested in the request for proposal.
Purchase order. A document which authorizes the delivery of specific merchandise or the rendering of
certain services and the making of a charge for them.
Purchasing card. A card issued to designated county employees with the authorization of the
department head and the purchasing director or their designee, which authorizes the user to purchase
specific goods or services as set forth in the policies and procedures for the purchasing card.
Purchasing director. The person holding the position as head of the purchasing department.
Quotation. Any oral or written informal offer by a vendor to the county to furnish specific goods and/or
services at a stated price.
Request for information. A formal written request, or an informal written, oral, or electronic media,
request, or a combination of formal and informal requests, for soliciting information to obtain
recommendations from suppliers for a procurement that cannot be described in sufficient detail to
prepare a solicitation.
Request for proposal(RFP). A solicitation of the responses for good and/or service for which the scope
of work, specifications or contractual terms and conditions cannot reasonably be closely defined.
Evaluation of a proposal is based on prior established criteria which may include but may or may not be
totally limited to price.
Request for qualifications (RFQ). A solicitation of responses from vendors whereby vendors are invited
to submit a summary of their particular qualifications and to state their interest in performing a specific
job or service for the county. From such submissions, the county selection committee determines which
of such vendors shall be short-listed, interviewed, and recommended to the board of county
commissioners for permission to negotiate for scope of work and fees.
Responsible bidder. An individual or business which has submitted a bid, offer, proposal, quotation, or
response which, as determined by the county, has the capability in all respects to perform fully the
contract requirements and the experience, integrity, reliability and capacity, facilities, equipment and
credit which give reasonable assurance of good faith and performance. The county may also consider
and give weight to the bidder's previous conduct and performance under previous contracts with the
county and other agencies (including but not limited to delinquency), and determine the quality of the
bidder's previous work. County staff may, after bid opening, request additional information from the
bidder concerning his ability to perform; and the bidder may voluntarily, after opening, provide
additional or corrective information concerning his responsibility as bidder.
Responsive bidder. An individual or business which had submitted a bid, offer, proposal, quotation or
response which, as determined by the county, conforms in all material respects to the solicitation which
may include but is not limited to pricing, surety, insurance, specifications of the goods or services
requested or any other matter unequivocally stated in the invitation for bids as a determinant of
responsiveness. A lack of conformity in these matters which is nonsubstantive in nature may be
considered a technicality or irregularity which may be waived by the county; provided, however, that
failure of a bidder or proposer to certify the firm has a drug free workplace in accordance with F.S. §
287.087, shall result in rejection of the bid or proposal as nonresponsive.
Responsive bid. A bid or proposal which conforms in all material respects to the invitation to bid or
request for proposals.
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Selection committee. The committee approved by the county manager to review offers and responses
to requests for proposals (RFP) and requests for qualifications (RFQ) in accordance with the policies
and procedures of the purchasing department, and when required, in accordance with the State of
Florida Competitive Consultants Negotiation Act (CCNA).
Sole source. The only existing source of the only items which meets the needs of the using department
as determined by a reasonably thorough analysis of the marketplace.
The county. Bay County, a political subdivision of the State of Florida, or any of its authorized
representatives pursuant to ordinance, resolution, or administrative code.
(Ord. No. 07-52, § 3, 11-6-07)
Sec. 2-104. -Applicability.
This division shall apply to every procurement except as otherwise stated herein, of the Bay County
Board of County Commissioners or any governmental body, unit or department under the control or
supervision of said board acting in any capacity, irrespective of the source of funds involved.
(Ord. No. 07-52, § 4, 11-6-07)
Sec. 2-105. - Exemptions.
This division shall not apply to:
(1) Procurement contracts between the board of county commissioners and non-profit
organizations, other governments, or other public entities.
(2) Procurement of dues and memberships in trade or professional organizations; subscription
for periodicals; advertisements; real property; books (maps, pamphlets and similar material);
works of art for public display; pharmaceutical products; medically related professional services;
real estate broker; room or board for social service clients; funeral related services; water, sewer,
electrical, cable television, or other utility services; payroll, personnel, full or part-time, whether in
the classified service or not; medical services for indigents qualified by .the department of
community services; and performances, shows or other cultural events.
(3) Procurements made from petty cash accounts.
(4) Any procurement under State of Florida or General Services Administration (GSA)
purchasing agreements and contracts. Procurement may also be through contracts competitively
awarded by counties or municipalities within the state if the vendors agree to provide Bay County
the same goods or services, under the same conditions, terms and prices.
(5) Procurements of goods and services as part of the process of apprehending persons
suspected of violating the law.
(6) Books, periodicals and other published materials not available by competitive pricing.
(7) Services of attorneys and other legally related services, rather, contracts for attorney
services and other legal services shall be secured by negotiation of the county attorney as
approved by the board of county commissioners, or by the county attorney within established
spending limits.-
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(8) Appraisers, and expert witnesses for condemnation matters, and similar services. Contracts
for these services shall be negotiated by the county attorney.
(9) All heavy equipment repairs. The Department/Division shall review the quotations and the
recommendation for award.
(10) Service/Maintenance Contracts: Continuing service and/or maintenance contracts that are
initially awarded by the Board as part of a product acquisition/installation to a vendor who is the
manufacturer, developer, or who is the authorized service agent thereof and for which funds are
annually appropriated in the budget are exempt from further competitive requirements of the
Procurement Manual. Examples are software/hardware maintenance, building systems
maintenance, security systems, etc.
(11) All purchases of used equipment having a value of$25,000 or less. All purchases of used
equipment having a value greater than $25,000 and less than $100,000 should be supported by
an equipment appraisal.
(12) Software. Upgrades, software modification services by the copyright holder, and related
software enhancements to installed software purchased through competitive means are exempt.
The purchase of new software packages or systems shall follow the thresholds and procedures of
the Procurement Manual to ensure competitive selection.
(13) Corporate and media sponsorship agreements.
(14) Health services involving examination, diagnosis, treatment, prevention. medical
consultation. or administration. Including, but not limited to, substance abuse and mental health
services, involving examination, diagnosis, treatment, prevention, or medical consultation, when
such services are offered to eligible individuals participating in a specific program that qualifies
multiple providers and uses a standard payment methodology. Reimbursement of administrative
costs for providers of services purchased in this manner shall also be exempt. For purposes of this
sub-subparagraph, "providers" means health professionals, health facilities, or organizations that
deliver or arrange for the delivery of health services.
(15) Training and educational courses, contracts between the County and governmental entities
or nonprofit corporations, memberships, publications, meeting rooms, and hotels.
(16) Lectures by individuals.
(17) Continuing education events or programs.
(18) Travel arrangements and expenses.
(19) Purchases of goods or services for the improvements, maintenance and operations of the
solid waste disposal and recovery system consistent with Bay County Solid Waste Disposal and
Resource Recovery Act of 1983 not to exceed total yearly approved budget.
(20) Petroleum products (fuel and oil).
(21) Procurement of banking services for any bond or loan issuance, refund, or other related
activities.
(Ord. No. 07-52, § 5, 11-6-07)
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Sec. 2-106. - Central procurement system.
(a) There is hereby established a central procurement system which consists of a purchasing
department supervised by a purchasing director and specified staff members of the department and
deemed appropriate and budgeted for by the county manager and approved by the board of county
commissioners. All procurements for goods and services for the county, except those goods and
services excluded from the application of this division, shall be effected through the central
procurement system.
(b) The county is authorized to procure goods and services of every description and nature necessary
to the operation of county government under this division.
(Ord. No. 07-52, § 6, 11-6-07)
Sec. 2-107. - Procurement of goods or services.
No procurement of goods or services of $25,000.00 50,000 or more shall be made unless upon
competitive sealed bids received in the manner hereinafter prescribed, except in at least one of the
following circumstances:
(1) When it is determined in accordance with procedures adopted by the county manager and
set out in the Bay County Procurement Manual that the use of competitive sealed bidding is either
not practicable or not advantageous to the county, a contract may be entered into by any of the
following:
a. Competitive sealed proposals;
b. Consultant's Competitive Negotiation Act (CCNA);
c. Request for qualification;
d. Request for proposal;
e. Sole source procurement.
f. Design-build services contract in accordance with the CCNA and after coordination with
the County Manager: or
g. Request for Qualification for construction management at risk services.
(2) The county manager or his designee shall have the authority, subject to the approval of the
board of county commissioners, to cooperate with other federal, state and local governments or
federal, state or local public entities in the development and use of mutually cooperative
purchasing contracts. Such contracts, irrespective of the sponsoring entity, as they pertain to the
county, shall be awarded by the board of county commissioners.
(3) The county manager or his designee shall have the authority, subject to the approval of the
board of county commissioners, to utilize contracts of other federal, state or local governments or
other public entities to procure goods and services, if the vending contractor extends the terms
and conditions of the contract to the county, and the contract has been awarded through
procedures substantially equivalent to the requirements of this division_, provided that
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•
purchases as contained in this division.
(4) Non-competitive negotiations may be used as a procurement method for purchases of
supplies or services available from only one source; or sole brand or when it is determined by the
department director of the using department or the purchasing director that competitive bidding is
not feasible or not advantageous to the county. Sole source purchasing of goods and services
requires a written finding that only one qualified source is available; and also requires a written
statement that a search for an alternative source has been made; and a justification of why the
only source is acceptable to fit the needs of the using department.
(5) Where the county manager or his/her designee finds it to be in the best interest of the county,
it may declare the existence of an emergency procurement condition, and, based thereon,
suspend any or all of the provisions of this division and authorize an emergency procurement;
provided that such emergency procurement shall be made with such competition as is practicable
under the circumstance. When an emergency procurement is authorized, the factual basis for the
emergency and for the selection of the particular contractor shall be documented in an agenda
item and approved by the board of county commissioners at a regularly scheduled meeting within
a reasonable time.
(6) In the procurement of professional, architectural, engineering, landscape architectural or land
surveying services, the county shall comply with the provisions of section 287.055, Consultants
Competitive Negotiation Act (CCNA) of the Florida Statutes, as may be amended from time to
time, and the Bay County Procurement Manual.
(7) Competitive proposals shall be solicited through a request for proposals.
(8) Adequate public notice of the procurement procedure shall be given in the same manner as
provided for in the competitive sealed bid process.
(9) The procurement procedures shall state the relative importance of price and other evaluation
criteria.
(10) A•pre-submittal meeting may be held where the procurement procedure shall be publicly
discussed with all attending respondents. Discussion shall include questions from respondents on
any issues considered germane to the requirements or project. The date and time of the pre-
submittal meeting shall be included in the advertised notice of the procurement procedure.
(11) Award shall be made to the responsible offeror whose proposal is determined in writing to be
most advantageous to the county taking into consideration price and the evaluation criteria set
forth in the procurement procedure. A summary of the basis on which the award is to be made
shall be included in the official contract file and presented to the board of county commissioners.
(12) Any certified public accountant for auditing services required by F.S. § 11.45, as may be
amended from time to time, shall be selected in accordance with the provisions of that statute. Any
selection of a certified public accountant for any other purpose shall be done by any procedure
designed to select the best firm at the least cost to the county.
or similar state contract when it is in the best interest of the county.
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(1-1) When procurement of repairs, services, or equipment are requested for continuance of
essential operations or are necessary to maintain public health and safety, such situation shall be
deemed a valid emergency and such procurements may be approved by the county manager. A
- --- -- --— e -- - • - - -e __ _ -- ---- - _ . When such an emergencv
procurement is made, the factual basis for the emergency and for the selection of the provider
shall be documented in an agenda item and approved by the board of county commissioners at a
regularly scheduled meeting within a reasonable time.
Disposal and Resource Recovery Act of 1983 are exempt from formal sealed bidding
requirements.
(Ord. No. 07-52, § 7, 11-6-07; Ord. No. 08-26, § 2, 5-27-08)
Sec. 2-108. - Conflict of interest.
In addition to,the prohibitions set out in Chapter 112, part III Florida Statutes, neither the county
manager, the purchasing director nor any member of his/her staff shall be financially interested or have
any personal beneficial interest, directly or indirectly, in any purchase or contract of any supplies,
materials, equipment, or services used by or furnished for the county. Tthe county manager, the
purchasing director and every member of his staff are prohibited from accepting or receiving from any
person, firm or corporation to which any purchase or contract may be awarded any money, rebate, gift
or anything of value or any promise, obligation or contract for future reward of compensation.
(Ord. No. 07-52, § 8, 11-6-07)
Sec. 2-109. - Purchasing card.
The purpose of the purchasing card program is to:
(1) Provide an efficient method of purchasing and paying for goods and services not exceeding
the limit of the card.
(2) Ensure purchasing card purchases are in accordance with the County's Code, policies and
procedures.
(3) Ensure that the county bears no legal liability from inappropriate use of purchasing cards.
(4) Provide for disciplinary action if the purchasing cards are misused.
The policies and procedures as detailed in the procurement manual are minimum standards for
departments. Departments may establish additional controls if necessary with approval of county
administration.
(Ord. No. 07-52, § 9, 11-6-07)
Sec. 2-110. -Authority of county manager or his or her designee.
Unless otherwise provided for in this division, the procurement of all goods and services shall be under
the supervision and management of the county manager or his or her designee. It shall be the duty,
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responsibility, and authority of the county manager or his or her designee to:
(1) Supervise the procurement of all goods and services except as otherwise provided for
herein, required by the board of county commissioners and departments and agencies divisions
under its control, and for which payment is made from funds of the county.
(2) In conjunction with using departments and divisionsagenscies, prepare and enforce standard
specifications which shall apply to all goods and services purchased for the use of the county.
(3) Maintain current files, or contract with a qualified agency for maintenance of current files, for
sources of supply for goods and services required by the county.
(4) Perform other related duties as may be assigned by the board of county commissioners.
(5) Sign, duly issued purchase orders or assign said responsibility to a designee.
(6) Take all reasonable steps to insure that the specifications for an item to be procured are
developed to permit competition among businesses whenever practicable.
(7) Oversee the procedures for the disposal of county property which becomes surplus to the
county's needs.
(8) Maintain a system of accountability and numbering of all contracts for purchase of goods and
services under the jurisdiction of the board of county commissioners whether exempt from the
procurement system or not.
(9) --2----- -- - -_ :- Reject all bids as may be in the best interest of the county where
competitive sealed bids have been required for the procurement of goods and services and such
rejection of bids is approved by the board of county commissioners.
(10) Extend the durationRecommend and execute renewals of existing contracts that contain
provisions authorizing the term of the contract to be extended, which would not increase the total
cost of the contract by the addition of the applicable procurement limit established for the county
manager, provided all decisions not to extend the term of contracts shall be made by the board.
(Ord. No. 07-52, § 10, 11-6-07; Ord. No. 11-01, § 1, 1-4-11)
Sec. 2-111. - Delegation of authority.
Subject to the approval of the county manager, the purchasing director may delegate in writing, his or
her authority in whole or in part to designees within his or her department or other county departments.
(Ord. No. 07-52, § 11, 11-6-07)
Sec. 2-112. - Procurement manual.
(a) After adoption of this division, the purchasing director shall prepare the Bay County Procurement
Manual ("Procurement Manual") which shall be administratively adopted and which may be
administratively changed as circumstances require, in order to implement this division.
(b) The guidelines for the procurement of goods and services contained in the procurement manual
shall be consistent with the procedures established under this division. Such guidelines may establish
the designation of the responsibility of administration of contracts, pre-qualification of bidders, bidding
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procedures, administration of bid procedures and conferences, bid opening procedures, procedures for
the correction or withdrawal of bid, procedures for sealed proposal solicitation, proposal procedures,
contract award procedures, protest procedures, administration of contract awards, small procurement
procedures, contract execution procedures, bonding requirements, insurance requirements, purchase
order procedures, payment procedures, and such other matters as may be required to establish a
sound procedure for the procurement of goods and services under this division and applicable Florida
law.
(c) The procedure for the recording and accounting of inventory and disposal of tangible personal
property shall be addressed in and governed by the Fixed Asset Manual.
(Ord. No. 07-52, § 12, 11-6-07)
Sec. 2-113. -Competitive sealed bid process.
(a) All procurements requiring the receipt of competitive bids under this ordinance shall be upon
invitation for bids. Invitations for bids shall be issued and shall include procurement specifications, bid
evaluation criteria, and all principal terms and conditions applicable to the procurement. The bid
evaluation criteria that will affect the bid price and/or be considered in evaluation for the award shall
generally be objectively measurable. Such evaluation may include, but is not limited to, conformance to
specifications, discounts, transportation costs, and total or life cycle costs. No criteria may be used in
the bid evaluation that are not set forth in the bid package document or any subsequent addendum.
(b) Notices inviting sealed competitive bids shall be published at least once in a newspaper of general
circulation in the county, and in the form of electronic notification through a third party notification
vendor. Electronic notification is based on the recipient's specific request and application to the county's
approved notification vendor. There shall be an interval of at least five calendar days between the date
of the public notice and the bid opening. The notice shall include the procurement description, and
place where bid documents containing procurement specifications are available, and specify the date,
time and location at which bids will be opened.
(c) Bids must be received not later than the call for any such bid, at a formal bid opening, to be
considered for award. Bids shall be opened publicly in the presence of the county manager or his or her
designee, and other interested parties at the time and place designated in the public notice referred to
in subsection 2-114(b) hereof. The amount of each bid, together with the name of each bidder, shall be
read aloud and maintained in the purchasing department's bid file, which shall be open to public
inspection upon recommendation of award from the user department to the purchasing department.
The receipt, opening, and award of bids, shall be in accordance with the Procurement Manual, pursuant
to section 2-112 of this division.
(d) Information in a bid which concerns the responsibility of the bidder shall not necessarily be
considered conclusive at the time of the bid opening, except when the invitation for bids unequivocally
states that the bid shall not be considered responsive unless the particular information is provided by a
vendor in his bid proposal. When such information has not been so declared as a determinant of
responsiveness of the bid, the county manager or his or her designee may, within reason after bid
opening, request additional information of the bidder concerning his responsibility to perform.
(e) To maintain the integrity of the competitive sealed bid process, to assure fairness, and to avoid
delays or poor contract performance, the following provisions shall govern the correction of information
submitted in a bid when that information is a determinant of the responsiveness of the bid:
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(1) No bidder shall be permitted to correct a bid mistake after bid opening that would cause such
bidder to have the low bid, except for the correction of errors in extension of unit prices in the bids
(multiplication, division, addition, or subtraction). In such cases, the unit price bid shall not be
changed.
(2) Notwithstanding the foregoing, the board of county commissioners reserves the right to
cancel any awards or contracts based on bid mistakes, after a written determination of the mistake
by the county manager or his or her designee.
(f) A bidder may withdraw his bid at any time prior to the bid opening date and time set forth in the
public notice referred to in subsection (b) hereof. Bids may not be withdrawn after said time except
when the request for withdrawal has been submitted in writing to the county manager or his or her
designee, said request clearly states the reasons for withdrawal, and the county manager or his
designee approves the withdrawal.
(g) Contracts resulting from the competitive sealed bid process shall be awarded with reasonable
promptness by the board of county commissioners by written notice to the lowest responsible and
responsive bidder, unless the basis of award in a bid document has explicitly established other criteria.
In the award process, the board of county commissioners reserves the right to reject any and all bids
for any reason including, but not limited to, non-responsiveness of bid(s), unavailability of adequate
funding, unreasonable price in bid(s), non-responsibility of bidder(s), or a change in the requirements
since the issuance of an invitation for bid, or where the board of county commissioners determines the
public interest requires such rejection.
(h) In cases of tie bids (monetary as well as all award criteria identified) of two or more responsible
and responsive bidders subject to such award, the award shall be - -e- - -- =- -- - e--.-=-
- - - T..-
made
based on a lot drawn by the county manager or his or her designee before at least three witnesses.
(i) In the event all bids for a construction project exceed available budgeted funds, the board of
county commissioners may authorize negotiation of the bid price with the lowest responsive and
responsible bidder in order to bring the bid within the amount of available funds, or reject all bids and
authorize re-advertisement, as the board deems appropriate.
(j) In the event the lowest responsible and responsive bidder defaults on the contract awarded
through the competitive sealed bid process, the board of county commissioners may award the contract
to the next lowest responsible and responsive bidder. When awarding a contract to the next lowest
bidder due to default of the lowest bidder, the board of county commissioners shall reserve the right to
seize the bid bond of the lowest bidder for failure to faithfully perform under the terms of the bid
specifications.
(k) When bonding is required, bonding requirements shall be stated in the bid documents. For
construction projects which are estimated at $200,000.00 or above, a bid bond in the amount of five
percent shall be required of the vendor. Upon award of a bid for construction projects that are
$200,000.00 or above, a performance and payment bond, in an amount equal to the total bid price will
be required of the vendor. This requirement shall not preclude a user department from requesting
bonds for projects under$200,000.00.
(I) When only one bid is received under competitive bidding, or the purchase is deemed to be
proprietary, negotiation is permitted in order to obtain a fair and reasonable price, or if the low
responsive bid is considered by the purchasing director to be high, they shall have the authority to
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negotiate a lower price with the low responsive bidder.
(Ord. No. 07-52, § 13, 11-6-07)
Sec. 2-114. - Protested solicitations and awards.
After posting of recommendation of award on the purchasing department public bulletin board, any
actual or prospective bidder or proposer who is aggrieved in connection with the pending award or
other element of the process leading to the award of a contract, may protest to the purchasing director
or his or her designee.
(a) A notice of protest must be submitted within three business days after posting of the
recommendation of award at the location where bids or proposals are submitted. The protest must be in
writing, via e-mail, letter or FAX and must identify the protester and the solicitation and shall include a
factual summary of the basis of the protest. Such protest is considered filed when it is received by the
purchasing department.
(b) A formal written protest shall be filed within ten business days after the date of the notice of
protest. A formal written protest is considered filed with the county when it is delivered to and received
by the purchasing department.
(c) The formal written protest shall: identify the protester and the solicitation involved; a concise and
clear statement of the grounds on which the protest is based; refer to the Florida Statutes, laws,
ordinances, or other legal authorities which the protester deems applicable to such grounds; and,
specifically request the relief to which the protester deems themselves entitled by application of such
authorities to such grounds.
(d) Any person who files a formal written protest shall post a protest bond with the county's
purchasing director at the time of filing the formal written protest. This bond shall be in cash or by a
U.S. postal service money order or a certified cashier's check, payable to the board of county
commissioners, Bay County, in an amount equal to one percent of the county's estimate of the total
volume of the contract amount or $5,000.00, whichever is greater. The county shall inform the
protesting party as to the amount required for the bond within 72 hours, excluding Saturdays, Sundays
and county holidays after the filing of the notice of protest by the protester. If the person protesting the
award prevails, the bond shall be returned to the protester. However, if after completion of a formal
written protest process, the county denies the protest, the bond shall be forfeited, and the county and
other bidders/proposers who incurred expenses or losses due to the protest shall be entitled to recover
the reasonable costs and charges as determined and incurred by them. The balance of the bond will be
returned to the protester.
(e) Stay of procurement during protest proceedings. Notwithstanding anything contained herein to the
contrary, in the event of a timely protest, the purchasing director shall stay the award of the contract
unless the county manager, with the advice of the county attorney and after consultation with using
department, determines that delaying the award of the contract will adversely impact substantial
interests of the county.
(f) Settlement and resolution. The purchasing director shall have the authority upon receiving the
formal written protest to attempt to resolve the protest in a manner that addresses the interests of all
parties.
(g) The purchasing director shall, within 14 business days of the filing of the formal protest, attempt to
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resolve the protest prior to any proceedings arising from the protest situation.
(h) If the protest is not resolved by mutual agreement, the purchasing director shall issue a decision in
writing of the merits of the protest to include rationale for the reasons for the decision and inform the
protester of its right to appeal to the county manager.
(i) The protester may appeal the purchasing director's decision, in writing, to the county manager no
later than five business days after the receipt of the purchasing director's decision.
(j) When an appeal is received, the county will send a letter to the protester and all other bidders or
proposers informing them that they may submit written arguments and documentary evidence on the
protest. A copy of the protest will be attached to the letter. The county manager, with inputs from the
county attorney, and the director of the using department(s), will evaluate the protest and the evidence.
(k) Within seven business days of the receipt of the appeal, the county manager shall render a
decision in writing and provide it to the protester.
(I) The decision of the county manager will be final and may not be appealed to the Bay County
Board of County Commissioners.
(m) Nothing in these solicitation protest procedures limits the rights of an unsuccessful bidder or
proposer to assert its claims in an appropriate court.
(Ord. No. 07-52, § 14, 11-6-07)
Sec. 2-115. -Small procurements.
Any procurements of less than $2550,000.00 may be made on the open market without formal bidding.
Such procurement, when practicable, shall utilize informal competitive procurement procedures,
utilizing a competitive oral or written request for quotations for goods and services. Awards shall be
made to the offeror providing the most value to the county. Procurements shall not be artificially divided
so as to constitute a procurement of less than $2550,000.00.
The following are the guidelines to be used for formal and informal quoting:
(1) Zero dollars to, but not exceeding $510,000. No quotes are required for purchases of $1,000
or below. Two telephone quotes (if available) are required for purchases over $1,000 and up to
$510,000. Division manager/superintendent approval required.
(2) Over$510,000 but not exceeding $420,000. Two telephone quotes (if available) are required.
Department director approval needed.
(3) Over $ 20,000 but not exceeding $250,000. Two written quotes (if available) are required.
Purchasing director approval needed.
(4) Over $250,000 but not exceeding $275,000. Two written quotes (if available) are required.
Competitive formal bidding procedures apply. DeputyAssistant county manager approval needed.
(5) Over $2575,000 but not exceeding $5100,000. Competitive formal bidding procedures apply.
County manager approval needed. In the case of legal expenditures, county attorney approval
needed. Professional legal services are not subject to competitive bidding requirements as well as
exemptions to CCNA. The requesting department/division shall pay particular attention to
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contracts/services agreements which have the potential to exceed the $60,000100.000 limit over
the life of the contract.
(6) Over $6100,000. Competitive formal bidding procedures required and the board of county
commissioners must award bid at regular scheduled county commission meeting or not accept
any bids and re-bid.
(7) Exception. To the extent that cumulative purchases of goods or services for the solid waste
disposal and recovery system do not exceed the total yearly budget approved by the board of
county commissioners under the operation and maintenance agreement for the solid waste and
disposal recovery system for such purchases in such budgetary year, authorization to purchase in
excess of $6100,000.00 is granted to the county manager upon the determination of the utility
director or the purchasing director.
(Ord. No. 07-52, § 15, 11-6-07; Ord. No. 08-26, § 3, 5-27-08)
Sec. 2-116. - Procurement under federal or state procedures.
When a procurement involves the expenditure of federal or state assistance or contract funds, federal
or state laws and regulations which are mandatory and applicable shall be complied with, the provisions
of this division notwithstanding. The county manager or his designee shall include contract provisions
giving the contractor notice of these requirements and, where appropriate, include in those contract
provisions the requirements that the contractor give a similar notice to all his subcontractors.
(Ord. No. 07-52, § 16, 11-6-07)
Sec. 2-117. - Suspension and debarment.
(a) Suspension. After consultation with the county attorney, the purchasing director is authorized to
suspend a vendor from consideration for award of contracts if there is probable cause to believe that
the vendor has engaged in any activity which might lead to debarment pursuant to subsection (c)
below. The suspension shall be for a period not to exceed three months, and the purchasing director
shall immediately inform the board at the next available regular session and provide notice to the
affected vendor.
(b) Debarment. After reasonable notice and an opportunity for the suspended vendor to be heard, the
board shall either debar such vendor or terminate the suspension. The debarment should be for a
period of not more than three years.
(c) Grounds for debarment include:
(1) Entry of a plea of guilty, or no contest, or nolo contendre to or conviction of a criminal offense
as an incident to obtaining or attempting to obtain public or private contract or subcontract, or in
the performance of such contract or subcontract or;
(2) Entry of a plea of guilty, no contest, or nolo contendere to or conviction under state or federal
statutes 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 or;
(3) Entry of a plea of guilty, no contest, or nolo contendere to or conviction under state or federal
antitrust statutes arising out of the submission of bids or proposals or;
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(4) Violation of contract provisions, as set forth below, the character which is regarded by the
board to be so serious as to justify debarment action:
a. Deliberate failure without good cause to perform in accordance with the specifications or
within the time limit provided in the contract; or
b. A past record of failure to perform or of unsatisfactory performance in accordance with
the terms of one or more contracts;
(5) Having been adjudicated guilty of any violation of the Bay County Building Department
Licensing Division or the State of Florida Construction Industry Licensing Board within the past 12-
month period prior to the time of bid submittal or;
(6) Having been adjudicated guilty by the Bay County Code Enforcement Board or the
Department of Environmental Protection of any violation of an environmental ordinance within the
past six-month period at the time of bid submittal; and
(7) Any other cause the board of county commissioners determines to be so serious and
compelling as to affect responsibility as a county vendor, including debarment by another
governmental entity.
(d) Notice of decision. The county manager or board chairman shall issue a written notice to the
vendor of the decision to debar or suspend. The final decision shall state the reasons for the action
taken and inform the debarred or suspended person involved of his/her rights concerning judicial review
by certiorari appeal to the Fourteenth Judicial Circuit Court. The written decision shall be mailed or
otherwise furnished immediately to the debarred or suspended vendor.
(Ord. No. 07-52, § 17, 11-6-07)
Sec. 2-118. - Miscellaneous provisions.
(a) In all cases of procurement brought before the board of county commissioners, whether by bids,
sealed proposals, competitive negotiations or otherwise, the board of county commissioners reserves
the right to reject any and all bids, sealed proposals or negotiations, and cancel the procurement as
they may deem in the best interest of the county.
(b) In all procurements or procurement contracts, including those to be executed by the chairman of
the board of county commissioners, such contracts shall include a provision that payments by the
county shall be made under the county's established procedure for payment following receipt of invoice
and otherwise provided by Florida law..
(c) In all procurements in which there is a requirement for insurance and/or surety bond, the vendor
shall provide such insurance requirements and bond requirements in the form and in the amount
acceptable to the county, prior to the effective date of the procurement contract, or sooner if so stated
in the bid specifications. All insurance and surety requirements shall be approved by the county's risk
management department.
(Ord. No. 07-52, § 18, 11-6-07)
Sec. 2-119. -Change orders.
If it is found that a change order is required to correct errors, omissions, or discrepancies, or to direct
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other changes to meet unforeseen field, emergency, climatic, regulatory, or market conditions, the
following shall apply:
Change orders to purchase orders equal tear'exceeding$2550 000.00.
(1) Any change orders to purchase orders where the total cost will be greater than $2550,000.00
and do not contain any contingency amount, must be submitted to the purchasing department in
writing on the county change order form. A written change order must be submitted to the
purchasing department if an addition or deletion to the contract price is requested, or if there is a
change in the scope of services or number of contract days for completion. The change order
must be executed by the authorized departmental representative, county's project manager or
county engineer or their designee (if applicable), the finance department, and the purchasing
department. The purchasing department will place the requested change order on the agenda for
the next available regularly scheduled board meeting.
a. For building construction projects; if the change order is an increase or exceeds a
cumulative total of ten percent of the contract price or a cumulative cost exceeding
$100,000.00, or there is a change in the scope of services, the board of county
commissioners must approve and the chairman must execute the change order. The
purchasing department will place the request for change order on their agenda for approval
at the next available regularly scheduled board meeting.
b. For road construction projects a contingency allowance of five percent shall apply to
increases.
Change orders for road projects that extend beyond these contingencies must be approved
by the board and executed by the chairman. The purchasing department will place the
request for change order on their agenda for approval at the next available regularly
scheduled board meeting.
(2) All change orders must be in writing and include the additional scope of work, the amount of
the change order, any additional days added to the contract and the new total of the contract.
(3) If direct purchasing is being utilized in connection to a construction project, a deduct change
order to the contractor in the amount of the direct purchase, shall be made in writing.
(4) If the project is unable to proceed without the approval of a change order, the county
manager has the authority to approve the change order and bring it before the board at the next
regularly scheduled meeting with documented explanation of the condition.
Change orders to purchase orders equal to or less than$50,00024,999.99.
(1) Submit to the purchasing department, the changes requested to the original purchase order
in writing indicating a change order request prior to executing the change.
(2) The initiating department completes the requisition with all applicable information and the
department director or authorized representative approves and forwards through the normal
requisition hierarchy as required.
(Ord. No. 07-52, § 19, 11-6-07)
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Sec. 2-120. - Direct purchases.
The county may elect to purchase materials and equipment included in any contractor's bid for a
portion of the work directly from the supplier of such materials or equipment in order to achieve sales
tax savings. Such materials and equipment are referred to herein as "direct purchase materials." The
contractor shall submit to owner the county a list, of materials and equipment appropriate for
consideration by owner as direct purchase materials.
If owner the county -elects to purchase any direct purchase materials, the contractor shall promptly
furnish to ownerthe county, at least seven days prior to the date such direct purchase materials must be
ordered, a written cost estimate to purchase the approved direct purchase materials.
Upon ownerthe county's receipt of the estimate and supporting materials, owner the county will review
the same and, if approved, issue a certificate of entitlement to the contractor along with a purchase
order directly to the supplier of the applicable direct purchase material, with delivery F.O.B. project site.
(Ord. No. 07-52, § 20, 11-6-07)
Sec. 2-121. -County employees.
The procurement system shall not be utilized by county employees to purchase goods or services for
personal use.
(Ord. No. 07-52, § 20, 11-6-07)
Sec. 2-122. - Design-build Contracts.
The County Manager may determine that entering into a design-build contract is in the best interest of
the County. In making such decision, the County Manager will consider the following factors:
(1) The potential for cost savings and/or cost reduction.
(2) The need or potential for reducing the time to complete the project.
(3) The need or potential for enhancing revenue production by expediting completion, activation
and operational use of the project.
(4) The need or potential to expedite the completion, activation and operation of the protect due
to public service considerations or user division operational needs and requirements.
(5) The potential for collaboration to develop designs and construction methodology that could
provide a protect with enhanced qualities of aesthetics, innovative use of materials, economy of
construction, operational efficiency. and/or functional effectiveness.
(6) The need or potential for protecting, preserving and enhancing the health, safety and welfare
of the public.
Secs. 2-1232-2-130. - Reserved.
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C 0 ti
44*
112:,
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11\-? R
BAY COUNTY
BOARD OF COUNTY
COMMISSIONERS
PROCUREMENT MANUAL
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Table of Contents
PURPOSE 3
APPLICATION 3
DEFINITIONS 2
CODE OF ETHICS AND CONDUCT 6
DUTIES AND RESPONSIBILITIES 8
VENDOR POLICIES 10
PURCHASING AUTHORITY 12
CONTRACT AWARD AND SIGNATURE AUTHORITY 12
PURCHASING CATEGORIES; REQUIREMENTS 13
PURCHASING QUOTES 14
COMPETITIVE BIDDING 14
PROFESSIONAL ARCHITECTURAL, ENGINEERING, LANDSCAPE
ARCHITECTURAL, AND LAND SURVEYING SERVICES (CCNA) 16
DESIGN-BUILD CONTRACTS 19
PIGGYBACK 20
SOLE SOURCE/NON-COMPETITIVE NEGOTIATIONS 20
EMERGENCY PURCHASES 21
RENEWAL AND EXTENSION 21
TIE BIDS 21
BID PROTEST PROCEDURES 22
PURCHASING CARD 24
PURCHASE ORDER PROCESS 27
EXCEPTIONS AND EXCLUSIONS FOR ISSUING PURCHASE ORDERS 28
LEASES, CONTRACT AND AGREEMENTS 29
WRITING SPECIFICATIONS — INVITATION TO BID 30
INSURANCE REQUIREMENTS 34
AUDITING COMPLIANCE 35
FLORIDA PROMPT PAYMENT ACT 35
TAX EXEMPT STATUS GRANTED TO CONTRACTOR 35
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BOARD OF COUNTY COMMISSIONERS PROCUREMENT MANUAL
Effective Date: November 2, 2004
Revised: March 6, 2007, March 22, 2007, November 6, 2007, June 16, 2009, December 15,
2009, March 5, 2013
PURPOSE
The Board of County Commissioners has identified the Purchasing Department as the agency
responsible for coordinating the County's central procurement system. The central procurement
system promotes efficiency, economy, and fair and open competition in an effort to reduce the
appearance and opportunity for favoritism or impropriety, and to inspire public confidence that
Purchase Orders and Contracts are awarded equitably and economically. It is essential for
effective and ethical procurement that there be a system of uniform procedures, utilized by all
personnel, that establishes basic guidelines and procedures which regulate procurement
activities, contract management, and the resulting distribution of funds. The foremost objective of
the Purchasing Department is to abide by, uphold, and adhere to the Procurement Code and
Procurement Manual to guard against the misuse or misinterpretation of those rules and
regulations.
This manual provides guidelines to Bay County Departments and Divisions for following the
Procurement Code and the Procurement Manual.
Administrative changes or processing procedure portions of this manual may be amended when
required by changes in law or minor procedural changes, i.e. flow of documents, internal
department procedures, etc. with the review and concurrence of the Purchasing Director, County
Manager and the County Attorney.
APPLICATION
1. Contracts: These guidelines apply to contracts/agreements solicited or entered into after
the effective date of this manual or subsequent amendments or revision.
2. Activities: These guidelines apply to the purchase/procurement of all materials, supplies,
services, construction and equipment except as specifically exempted herein.
3. Exemptions. The following exemptions do not preclude the County from utilizing
competitive procurement practices where possible. The following types of purchase
activities shall be exempt from the purchasing guidelines:
A. Procurement contracts between the board of county commissioners and non-profit
organizations, other governments, or other public entities.
B. Procurement of dues and memberships in trade or professional organizations;
subscription for periodicals; advertisements; real property; books (maps, pamphlets
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and similar material); works of art for public display; pharmaceutical products;
medically related professional services; real estate broker; room or board for social
service clients; funeral related services; water, sewer, electrical, cable television, or
other utility services; payroll, personnel, full or part-time, whether in the classified
service or not; medical services for indigents qualified by the department of
community services; and performances, shows or other cultural events.
C. Procurements made from petty cash accounts.
D. Any procurement under State of Florida purchasing agreements and contracts.
Procurement may also be through contracts competitively awarded by counties or
municipalities within the state if the vendors agree to provide Bay County the same
goods or services, under the same conditions, terms and prices.
E. Procurements of goods and services as part of the process of apprehending
persons suspected of violating the law.
F. Books, periodicals and other published materials not available by competitive
pricing.
G. Services of attorneys and other legally related services, rather, contracts for
attorney services and other legal services shall be secured by negotiation of the
county attorney as approved by the board of county commissioners, or by the
county attorney within established spending limits.
H. Appraisers, and expert witnesses for condemnation matters, and similar services.
Contracts for these services shall be negotiated by the county attorney.
All heavy equipment repairs. The Department/Division shall review the quotations
and the recommendation for award.
J. Service/Maintenance Contracts: Continuing service and/or maintenance contracts
that are initially awarded by the Board as part of a product acquisition/installation to
a vendor who is the manufacturer, developer, or who is the authorized service agent
thereof and for which funds are annually appropriated in the budget are exempt
from further competitive requirements of this policy. Examples are
software/hardware maintenance, building systems maintenance, security systems,
etc.
K. All purchases of used equipment having a value of $25,000 or less. All purchases
of used equipment having a value greater than $25,000 and less than $100,000
should be supported by an equipment appraisal.
L. Software. Upgrades, software modification services by the copyright holder, and
related software enhancements to installed software purchased through competitive
means are exempt. The purchase of new software packages or systems shall follow
the thresholds and procedures of the policy to ensure competitive selection.
M. Corporate and media sponsorship agreements.
N. Health services involving examination, diagnosis, treatment, prevention, medical
consultation, or administration. Including, but not limited to, substance abuse and
mental health services, involving examination, diagnosis, treatment, prevention, or
medical consultation, when such services are offered to eligible individuals
participating in a specific program that qualifies multiple providers and uses a
standard payment methodology. Reimbursement of administrative costs for
providers of services purchased in this manner shall also be exempt. For purposes
of this sub-subparagraph, "providers" means health professionals, health facilities,
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or organizations that deliver or arrange for the delivery of health services.
0. Training and educational courses, contracts between the County and governmental
entities or nonprofit corporations, memberships, publications, meeting rooms, and
hotels.
P. Lectures by individuals.
Q. Continuing education events or programs.
R. Travel arrangements and expenses.
S. Purchases of goods or services for the improvements, maintenance and operations
of the solid waste disposal and recovery system consistent with Bay County Solid
Waste Disposal and Resource Recovery Act of 1983 not to exceed total yearly
approved budget.
T. Petroleum products (fuel and oil).
U. Procurement of banking services for any bond or loan issuance, refund, or other
related activities.
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DEFINITIONS
AGREEMENT see Contract.
BOARD shall mean the Board of County Commissioners, Bay County, Florida.
CHANGE ORDER means a written order amending the scope of, or correcting errors,
omissions, or discrepancies in a contract or purchase order.
COMPETITIVE SEALED see Competitive Sealed Proposal.
BID
COMPETITIVE SEALED refers to the receipt of two or more sealed bids or proposals
PROPOSAL submitted by responsive and qualified bidders or offerors.
CONTRACT means a mutually binding legal relationship obligating the seller to
furnish the supplies or services (including construction) and the buyer
to pay for them. It includes all types of commitments that obligate the
County to an expenditure of appropriated funds and that, except as
otherwise authorized, are in writing. In addition to bilateral
instruments, contracts include (but are not limited to) awards and
notices of awards; job orders or task letters issued under basic
ordering agreements; letter contracts; Purchase Orders, under which
the contract becomes effective by written acceptance or performance;
and bilateral contract modifications. The words "Contract" and
"Agreement" may be used interchangeably.
CONTRACTOR means a person who contracts to sell commodities or contractual
services to an agency.
CONTRACTUAL means the rendering by a contractor of its time and effort
SERVICES rather than the furnishing of specific commodities. The term applies
only to those services rendered by individuals and firms who are
independent contractors, and such services may include, but are not
limited to, evaluations; consultations; maintenance; accounting;
security; management systems; management consulting; educational
training programs; research and development studies or reports on
the findings of consultants engaged thereunder; and professional,
technical, and social services. "Contractual service" does not include
any contract for the furnishing of labor or materials
for the construction, renovation, repair, modification, or demolition of
any facility, building, portion of building, utility, park, parking lot, or
structure or other improvement to real property entered into pursuant
to Chapter 255 of the Florida Statutes and rules adopted thereunder.
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DESIGN-BUILD The requirement for which a single contract with a Design-Build firm
is entered into for the design and construction of a Capital
Improvement construction project." Further, providing one single
administrative entity (a firm as defined herein) responsible for design
and construction under one contract where architectural and
engineering services are performed by a registered architect or
professional engineer and where construction services are
performed by a certified or registered contractor.
DESIGN-BUILD A single contract with a design-build firm for the design and
CONTRACT construction of a public construction project.
DESIGN-BUILD FIRM A partnership, joint venture, corporation or other legal entity which:
Is certified under Florida State Statute 489.119 to engage in
contracting through a certified or registered general contractor or a
certified or registered building contractor as a qualifying agent, or is
certified under Florida State Statute 471.023 to practice or to offer to
practice engineering, or is certified under Florida State Statute
481.219 to practice or offer to practice architecture; or certified
under Florida State Statute 481.319 to practice or offer to practice
landscape architecture; or
Has among the principal parties to the legal entity a principal party
which is certified under Florida State Statute 489.119 to engage in
contracting through a certified or registered general contractor or a
certified or registered building contractor as a. qualifying agent; or
among the parties to the legal entity a principal party which is certified
under Florida State Statute 471.023 to practice or to offer to practice
engineering, or is certified under Florida State Statute 481.219 to
practice or to offer to practice architecture; or certified under Florida
State Statute 481.319 to practice or offer to practice landscape
architecture.
EXTENSION means an increase in the time allowed for the contract period due to
circumstances which, without fault of either party, make performance
impracticable or impossible, or which prevent a new contract from
being executed, with or without a proportional increase in the total
dollar amount, with any increase to be based on the method and rate
previously established in the contract.
INVITATION TO BID means a written solicitation for competitive sealed bids with the title,
date, and hour of the public bid opening designated and specifically
defining the commodity, group of commodities, or services for which
bids are sought. It includes instructions prescribing all conditions for
bidding and shall be distributed to all prospective bidders
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simultaneously. The invitation to bid is used when the agency is
capable of specifically defining the scope of work for which a
contractual service is required or when the agency is capable of
establishing precise specifications defining the actual commodity or
group of commodities required.
MAY denotes the permissive. However, the words "no person may..."
means that no person is required, authorized, or permitted to do the
act described.
INVOICE shall mean a formal billing submitted by a vendor showing the amount
due and terms of payment for materials and/or services rendered.
Invoices must be itemized in sufficient detail to permit proper audit by
the auditing body or department.
PROPOSAL shall mean a written notice by a vendor setting forth the terms under
which he will furnish supplies or services.
PUBLIC EMERGENCY shall mean the need for the procurement of goods or services arising
out of an accident or other unforeseen occurrence or condition
whereby circumstances affecting public buildings, public property or
the life, health, safety or property of inhabitants of a political
subdivision are involved.
PURCHASE ORDER shall mean a formal notice to a vendor to furnish the supplies or
services described in detail thereon.
PURCHASING shall mean the act of obtaining supplies, equipment or services
necessary to carry out a particular function.
PURCHASING shall mean the person responsible for the organization's
DIRECTOR procurement program. The Purchasing Director is given the
responsibility and authority to act for the County in certain areas.
QUALIFIED BIDDER see Responsible Bidder.
RENEWAL means contracting with the same contractor for an additional contract
period after the initial contract period, only if pursuant to contract
terms specifically providing for such renewal.
REQUEST FOR means a written solicitation for competitive sealed proposals with
PROPOSALS the title, date and hour of the public opening designated. The request
for proposals is used when the agency is incapable of specifically
defining the scope of work for which the commodity, group of
commodities, or contractual service is required and when the agency
is requesting that a qualified vendor propose a commodity, group of
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commodities, or contractual service to meet the specifications of the
solicitation document. A request for proposals includes, but is not
limited to, general information, applicable laws and rules, functional or
general specifications, statement of work, proposal instructions, and
evaluation criteria. Requests for proposals shall state the relative
importance of price and any other evaluation criteria.
REQUESTING shall mean the department originating the purchase.
DEPARTMENT
REQUISITION shall mean a written request to the Purchasing Department for one or
more items or services necessary to carry on or improve a particular
function.
RESPONSIBLE BIDDER means a person who has the capability in all respects to perform fully
the contract requirements and has the integrity and reliability that will
assure good faith performance.
RESPONSIVE BID see Responsive Proposal.
RESPONSIVE BIDDER means a person who has submitted a bid or proposal, which
conforms in all material respects to the invitation to bid or request for
proposal.
RESPONSIVE means a bid or proposal submitted by a responsive and responsible
PROPOSAL or qualified, bidder which conforms in all material respects to the
invitation to bid or request for proposals.
SHALL denotes the imperative.
SOLE SOURCE shall mean the only source of service or product relative to kind and
availability.
SPECIFICATIONS shall mean a written description of needed supplies, equipment or
services setting forth in a clear and concise manner the
characteristics of the items and/or services to be purchased and the
circumstances under which the purchase will be made.
SUSPENSE FILE shall mean a storage file used to hold outstanding Purchase Orders or
incomplete Purchase Orders, with reference to delivery or invoicing.
TASK ORDER means an order for services placed against an established contract.
VENDOR shall mean a supplier of goods or services.
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CODE OF ETHICS AND CONDUCT
All employees are required to maintain high standards of ethics and conduct. Purchasing officials
shall strive to maintain complete independence and impartiality in dealings with vendors to
preserve the integrity of the competitive process and to ensure there is public confidence that
Purchase Orders and contracts are awarded equitably and economically.
Each employee involved in purchasing shall read and follow the requirements of Chapter 112,
Part III, Florida Statutes that includes the sections below.
SOLICITATION OR ACCEPTANCE OF GIFTS [F.S 112.313(2)]. No public officer, employee of
an agency, local government attorney, or candidate for nomination or election shall solicit or
accept anything of value to the recipient, including a gift, loan, reward, promise of future
employment, favor, or service, based upon any understanding that the vote, official action, or
judgment of the public officer, employee, local government attorney, or candidate would be
influenced thereby.
DOING BUSINESS WITH ONE'S AGENCY [FS 112.313(3)]. No employee of an agency acting
in his or her official capacity as a purchasing agent, or public officer acting in his or her official
capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for
his or her own agency from any business entity of which the officer or employee or the officer's or
employee's spouse or child is an officer, partner, director, or proprietor or in which such officer or
employee or the officer's or employee's spouse or child, or any combination of them, has a
material interest. Nor shall a public officer or employee, acting in a private capacity, rent, lease, or
sell any realty, goods, or services to the officer's or employee's own agency, if he or she is a state
officer or employee, or to any political subdivision or any agency thereof, if he or she is serving as
an officer or employee of that political subdivision. The foregoing shall not apply to district offices
maintained by legislators when such offices are located in the legislator's place of business or
when such offices are on property wholly or partially owned by the legislator. This subsection shall
not affect or be construed to prohibit contracts entered into prior to:
(a) October 1, 1975.
(b) Qualification for elective office.
(c) Appointment to public office.
(d) Beginning public employment.
UNAUTHORIZED COMPENSATION [F.S 112.313(4)]. No public officer, employee of an agency,
or local government attorney or his or her spouse or minor child shall, at any time, accept any
compensation, payment, or thing of value when such public officer, employee, or local
government attorney knows, or, with the exercise of reasonable care, should know, that it was
given to influence a vote or other action in which the officer, employee, or local government
attorney was expected to participate in his or her official capacity.
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CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP[F.S 112.313(7)] (a) No
public officer or employee of an agency shall have or hold any employment or contractual
relationship with any business entity or any agency which is subject to the regulation of, or is doing
business with, an agency of which he or she is an officer or employee, excluding those
organizations and their officers who, when acting in their official capacity, enter into or negotiate a
collective bargaining contract with the state or any municipality, county, or other political
subdivision of the state; nor shall an officer or employee of an agency have or hold any
employment or contractual relationship that will create a continuing or frequently recurring conflict
between his or her private interests and the performance of his or her public duties or that would
impede the full and faithful discharge of his or her public duties.
1. When the agency referred to is that certain kind of special tax district created by
general or special law and is limited specifically to constructing, maintaining,
managing, and financing improvements in the land area over which the agency has
jurisdiction, or when the agency has been organized pursuant to chapter 298, then
employment with, or entering into a contractual relationship with, such business
entity by a public officer or employee of such agency shall not be prohibited by this
subsection or be deemed a conflict per se. However, conduct by such officer or
employee that is prohibited by, or otherwise frustrates the intent of, this section shall
be deemed a conflict of interest in violation of the standards of conduct set forth by
this section.
2. When the agency referred to is a legislative body and the regulatory power over the
business entity resides in another agency, or when the regulatory power which the
legislative body exercises over the business entity or agency is strictly through the
enactment of laws or ordinances, then employment or a contractual relationship with
such business entity by a public officer or employee of a legislative body shall not be
prohibited by this subsection or be deemed a conflict.
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DUTIES AND RESPONSIBILITIES
BUDGET OFFICE
The Budget Office shall confirm that sufficient funding is available for purchases made by the
County.
PURCHASING DEPARTMENT
1. The Purchasing Director shall be responsible for developing and administering the
purchasing program for those departments in County government under the direct control
of the County Manager and the Board of County Commissioners.
2. The Purchasing Department shall cooperate with County Departments and Divisions in
procurement of supplies and equipment and shall maintain adequate records necessary
to create an audit trail for purchasing transactions.
3. The Purchasing Director is the sole authority responsible for issuing and setting spending
limits on Credit Cards issued to County Employees, in accordance with provisions
established by the VISA Purchasing Card Agreement.
4. The Purchasing Department will assist the requesting Department/Division in soliciting
quotes where formal bidding is not required.
5. The Purchasing Department has the sole authority for issuing Purchase Orders.
Purchase Orders will be required for all purchases over $1000 unless the procurement
of goods or services is governed by a written contract, in an emergency situation or when
an invoice is available. Purchase Requisitions or Credit Cards will be used for purchases
up to $1000.
6. The Purchasing Department shall issue a Purchase Order number to the selected vendor.
7. The Purchasing Department shall maintain a detailed database of all County contracts,
leases, and agreements.
8. The Purchasing Department in cooperation with the Clerk's Finance Office will strive to
take advantage of discounts offered by vendors for early and prompt payments of
invoices.
9. The Purchasing Department shall maintain all original bid documents. Copies of the
original bid documents will be provided to the applicable Department/Division upon
completion of the bid award and contract execution. Original bid documents shall not be
attached as exhibits to subsequent or resulting contracts, leases or agreements.
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REQUESTING DEPT/DIVISION
1. The Requesting Department is the department originating the purchase.
2. Departments and Divisions are responsible for following the Procurement Code and the
Procurement Manual. Department Directors may establish internal operating procedures
to fully implement the Procurement Code and Procurement Manual so long as such
procedures are consistent with the Procurement Code and Procurement Manual.
3. Departments and Divisions will use the forms supplied by the Purchasing Department for
procuring services, equipment and supplies.
4. Department Directors are responsible for ensuring that sufficient budget funds are
available for all expenditures made by Purchase Requisition, Purchase Order, and Credit
Card Purchasing.
5. Departments shall monitor the credit card purchases of their employees.
6. Departments/Divisions shall formulate specifications or the scope of work, including any
pre-qualification requirements, for competitive bids or requests for proposals or
qualifications.
7. Department/Divisions will verify, when a low bidder proposes an equal to that specified,
that the equal is in fact a comparable item and will provide documentation of such to the
Purchasing Department.
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VENDOR POLICIES
1. Full and Open Competition
It is the intent of the Board to provide all vendors, with the exception of those on the State
Department of Management Services Convicted Vendor List, with a fair and impartial
opportunity in which to compete for the County's business.
2. Public Entity Crime: Denial and Revocation of Rights
In accordance with F.S. 287.133, any entity listed on the State Department of Management
Services Convicted Vendor List shall be denied the right to conduct business or render any
type of service for any County Department or Division to the extent required by the
debarment, suspension, or other determination of ineligibility by the State.
3. Authorization to Suspend Vendor(s)
A vendor may be temporarily or permanently suspended from doing business with the
County, with notification made to the Clerk's Finance Office, without notice for reasons that
include, but are not limited to:
A. Being listed on the Public Entity Crime List as defined by s. 287.133.
B. Failure to comply with s.119, Public Records.
C. Failure to comply with terms or conditions of a County contract, lease or
agreement.
D. Failure to pay sub-contractor(s).
E. Delinquent County Tax Assessment(s).
F. Non-compliance with the County's Drug-Free Workplace Policy.
G. Intentionally or negligently employing aliens not authorized to work in the United
States.
4. Reinstatement
Vendors that have been suspended from doing business with the County may be
reinstated upon written request; however, debarred or suspended firms shall not be
reinstated during the period of a debarment or suspension.
5. Litigation and Arbitration
The County Staff shall not issue any Purchase Orders or contracts to any vendors currently
involved in litigation or arbitration with Bay County until such time as a satisfactory
resolution is reached with such vendors; however, the Board may, in its sole discretion,
award Purchase Orders or contracts to such vendors.
6. Dispute Resolution
In the event a dispute occurs between a vendor and a Department/Division, and the
employee responsible for the contract cannot resolve the dispute, the following
procedures shall apply:
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A. The vendor shall submit a written statement via certified mail no later than 45 days
from the time when the invoice was submitted to the County specifying the nature of
the dispute regarding payment of the invoice.
B. Within five days of the receipt of the written statement submitted by the vendor, the
appropriate Department Manager shall investigate the dispute and submit a
decision to the County Manager's Office.
C. Within five days of the receipt of the written decision, the County Manager will
review the dispute and make a final decision on the matter. The Purchasing Director
will notify the vendor in writing, via certified mail and within five days of the date of
the final decision.
These procedures do not change the method of a bid protest as set forth in section 2-114 of the
Procurement Code.
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PURCHASING AUTHORITY
Purchasing authority identifies who must approve the purchase of goods and services up to a
dollar threshold amount and when a purchase must be brought before the Board of County
Commissioners for approval and award.
Division Manager/Superintendent/ Not to Exceed $10,000
Buyer(Purchasing Department)
Department Director Not to Exceed $20,000
Purchasing Director Not to Exceed $50,000
Assistant County Manager Not to Exceed $75,000
County Attorney Not to Exceed $100,000
County Manager Not to Exceed $100,000
Board of County Commissioners Over$100,000
Each individual representing a level of purchasing authority must have on file with the Purchasing
Department and the Clerk's Finance office a completed signature authorization form.
CONTRACT AWARD AND SIGNATURE AUTHORITY
Purchasing Director Agreements up to $50,000
Assistant County Manager Agreements up to $75,000
County Manager Agreements up to $100,000
Board of County Commissioners Agreements over$100,000
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PURCHASING CATEGORIES; REQUIREMENTS
The following categories establish requirements for purchases by amount. Each order must be
signed by the appropriate approval authority. All orders for services must comply with Risk
Management requirements.
Orders up to $1000 No quotes are required. Best practices
should be used to ensure a competitive price.
Orders over $1000 not exceeding $10,000 Three telephone quotes are required. The
requesting Department/Division will use the
telephone quote form provided by the
Purchasing Department
Orders over $10,000 not exceeding $50,000 Three written quotes from separate vendors
required
Orders over $50,000 Competitive Bidding Procedures required
Exceptions:
In an emergency as determined by the County Manager and Chairman, authorization to
contract in excess of $100,000 is granted to the County Manager along with the Chairman with
the provision that it will be brought to the attention of the Board of County Commissioners at
their next regularly scheduled meeting for "after-the-fact" approval. The County Manager
along with the Chairman may also elect to call a special meeting of the Board of County
Commissioners.
Items approved by the Board as a budget line item do not require approval if purchased from a
State Term Contract or other authorized cooperative agreement that has been competitively
procured.
To the extent that cumulative purchases of goods or services for the solid waste disposal and
recovery system do not exceed the total yearly budget approved by the board of county
commissioners under the operation and maintenance agreement for the solid waste and
disposal recovery system for such purchases in such budgetary year, authorization to
purchase in excess of $100,000.00 is granted to the county manager upon the determination
of the utility director or the purchasing director.
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PURCHASING QUOTES
The purchase of goods and services, which cost within the range authorized for purchasing
quotes, shall require competitive quotations from three or more vendors. The quotations may
be obtained by the requesting Department/Division or the Purchasing Department. Quotes
must be on company letterhead, quote forms, or in a similar format with a date and signature
of an authorized representative of the vendor.
COMPETITIVE BIDDING
1. The requesting Department/Division, in conjunction with the Purchasing Department,
will determine which competitive procurement method is most practicable and
advantageous to the county. Those methods may be by:
A. Invitation to Bid;
B. Request for Qualifications pursuant to the Consultant's Competitive
Negotiation Act (CCNA);
C. Request for Qualifications for professionals not governed by the CCNA;
D. Request for Proposal;
E. Sole source procurement;
F. Design-build services contract in accordance with the CCNA and after
coordination with the County Manager; or
G. Request for Qualification for construction management at risk services.
2. Goods and services produced in the United States will be given preference when all other
aspects in the bid selection process are equal.
3. It will be the objective of Bay County to consolidate for purchase and bidding, all goods and
services of a similar nature.
4. The Board of County Commissioners is an Equal Opportunity Employer. To the extent
permitted by law, as a condition of conducting business with the Board, all individuals or
organizations desiring to do business with the Board shall have an Equal Opportunity
Employment Policy consistent with state and federal law.
5. All Invitations for Bid should include the following solicitation provisions:
A. Qualified or conditionals bids will not be accepted.
B. The Board of County Commissioners reserves the right to accept or reject any and
all bids in whole or in part, to waive informalities in the bidding documents, to
obtain new bids, or to postpone the bid opening pursuant to the Board's
purchasing policies.
C. Bids shall be valid for a period of ninety (90) days after the date of the bid opening.
D. All bids must include a Public Entity Crimes Statement pursuant to Section
287.133(3)(a), Florida Statutes.
E. The number, duration and condition of any intended renewal periods.
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F. If predictable, an estimated time for bid award.
G. The basis for award.
H. Procedures to award when tie bids are received.
All other requirements of the solicitation.
6. The requesting Department/Division in conjunction with the Purchasing Department will
formulate specifications.
7. The requesting Department/Division shall attach a Request for Bid/Request for Proposal
Approval Form, and forward specifications to the Purchasing Director for approval. The
Purchasing Director will forward the bid package to the requesting Department, Risk
Manager and the Budget Office for approval. Upon receipt of a completed and signed
Approval Form and a Requisition covering the expense of advertising, the Purchasing
Department will formally advertise the bid.
8. The Purchasing Department shall determine the date, time and location for submitting bids,
as well as the date, time and location of the Public Bid Opening.
9. The Purchasing Department will advertise the request for bids at least once in a local
newspaper and permit at least ten calendar days for the vendor(s) to respond. Projects
valued over $200,000 may have specific advertisement requirements. The Purchasing
Department is responsible for determining the proper advertisement requirements and
adhering to those requirements. Bid solicitations will be advertised in a newspaper of
general circulation in the County and also posted electronically.
10. The Purchasing Department will distribute bid documents upon request.
11. If a bid or proposal requires payment for a copy of the bid or proposal, the Purchasing
Department shall collect such payment before releasing a copy of the bid or proposal
package.
12. Bid Acceptance and Evaluation. Bids shall be unconditionally accepted without alteration or
correction, except as authorized in this Manual. Bids shall be evaluated based on the
requirements set forth in the Invitation to Bid, which may include, but not be limited to
criteria to determine acceptability such as: inspection, testing, quality, recycled or
degradable materials content, workmanship, delivery, and suitability for a particular
purpose and/or factors to determine a bidder's level of responsibility such as references,
work history, bonding capacity, licensure, certifications, etc. Those criteria that will affect
the bid price and that are to be considered in evaluation for award shall be objectively
measured, such as discounts, transportation costs, and total or life cycle costs. No criteria
may be used in bid evaluation that is not set forth in the Invitation to Bid, in regulations, or
in this manual.
13. After the bid opening, the Purchasing Department will notify any bidder of any informalities
in their bid package. They will have 24 hours from the time of the bid opening to furnish
these forms to the Purchasing Department at which time the bid will be recorded. If the bid
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opening is on a Friday, they will have until Monday to reply. If no response is received
within 24 hours of the bid opening, the package will be returned to the bidder as being non-
responsive.
14. The requesting Department/Division will attend the bid opening and will review the
submitted bids to ascertain the lowest and best bid that provides the best value to the
County. All bids will be opened in public and read aloud by the Purchasing Department.
15. Unless otherwise instructed, the requesting Department/Division will recommend the award
of bid in the appropriate format to the appropriate awarding authority.
16. The requesting Department/Division will place the item on the Commission agenda for
approval if amounts exceed $100,000 or otherwise as required by law, statute, or the
Code.
17. The Purchasing Department will post the award decision, and issue a Notice of Award
when necessary, after the bidding and selection process is totally complete.
18. The requesting Department/Division is responsible for conducting any pre-construction
meeting, if necessary, and issuing a Notice to Proceed after the full execution of any
contract or agreement for a project.
19. Solicitations may be canceled or rejected in whole or in part when it is in the best interests
of the County, as determined by the Board. Notice of cancellation shall be posted on the
County website. The notice shall identify the solicitation, and, where appropriate, explain
that an opportunity will be given to compete on any re-solicitation or any future
procurement of similar items.
PROFESSIONAL ARCHITECTURAL, ENGINEERING, LANDSCAPE ARCHITECTURAL,
AND LAND SURVEYING SERVICES (CCNA)
The purpose of this section is to ensure compliance with Section 287.055 Florida Statutes, known
as the Consultants Competitive Negotiation Act (CCNA).
1. Public Announcement
It is the policy of the County to publicly announce all requirements for professional
architectural, engineering, landscape architectural, land surveying, and mapping services,
and to negotiate such contracts on the basis of demonstrated competence and
qualifications at fair and reasonable prices. In the procurement of such services, the
Purchasing Department may require firms to submit a statement of qualifications,
performance data, and other information related to the performance of professional
services.
2. Scope of Project Requirements
A. For specific projects, the County office requesting the professional services shall
submit to the Purchasing Department written project requirements indicating the
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nature and scope of the professional services needed by the office, including but not
limited to the following:
1)the general purpose of the service or study;
2)the objectives of the study or service;
3) estimated period of time needed for the service or the study;
4)the estimated cost of the service or study;
5) whether the proposed study or service would or would not duplicate any prior or
existing study or service; and
6) the desired qualifications, listed in order of importance, applicable to the scope
and nature of the services requested.
B. For Continuing Supply Services, the County office requesting the professional
services shall submit to the Purchasing Department written project requirements
indicating the nature and scope of the professional services needed by the office,
including but not limited to the following:
1) the general purpose of the service or study;
2) estimated period of time needed for the service or the study;
3) the estimated cost of the service or study;
4) the desired qualifications, listed in order of importance, applicable to the
scope and nature of the services requested.
3. Review of Project Requirements
The Purchasing Department shall review the scope of project requirements and prepare
a draft Request for Qualifications (RFQ). The draft RFQ shall be submitted to the
requesting office for consideration and revision, as may be needed, prior to public
distribution of the RFQ.
4. Distribution of RFQ
The Purchasing Department shall distribute the RFQ in accordance with standard
procedures including publication of legal notice, and provide notification of the date and
time when such proposals are due.
5. Single Response
If less than two responsive bids, proposals, or replies for commodity or contractual
services purchases are received, the Purchasing Director and/or the Department/Division
may negotiate on the best terms and conditions. The Purchasing Department shall
document the reasons that such action is in the best interest of the County in lieu of
resoliciting competitive sealed bids, proposals, or replies.
6. Exemptions
This section shall not apply to a professional service contract for a project where the basic
construction cost is estimated by the agency to be less than the threshold amount provided
in s. 287.055, Florida Statutes, or for a planning or study activity when the fee for
professional services is estimated by the agency to be less than the threshold amount
provided in s. 287.055, Florida Statutes, or in cases of valid public emergency so certified
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by the County Manager. This section shall not apply to any requirement for professional
services if a continuing contract is in effect and a determination is made to utilize the
continuing contract to obtain such services.
7. Evaluation Committee
A. The County Manager or designee shall determine the Evaluation Committee that
will best serve the needs of the County.
B. Membership of all Evaluation Committees shall be approved by the County
Manager or designee.
C. Public Meetings shall be in accordance with Florida Statute 286.011. The
Chairperson shall be responsible to provide the Purchasing Department with all
meeting information (date, time, location, and reason for meeting) no less than 96
hours in advance of any scheduled meeting, excluding holidays and weekends. The
Purchasing Department will provide reasonable notice of all meetings, no less than
72 hours in advance of such scheduled meeting, excluding holidays and weekends,
by posting a Notice of Evaluation Committee Meeting on the public notice bulletin
board in the Purchasing Department and on the Bay County website. The
Purchasing Director shall develop and implement Evaluation Committee procedures
to ensure compliance with public meeting requirements.
D. Contact with the Evaluation Committee. Members of the Evaluation Committee are
prohibited from discussing a project with any professional or professional firm that
may submit a proposal during the procurement process, except in formal committee
meetings.
E. Evaluation of Proposals. Only written responses of statements of qualifications,
performance data, and other data received in the purchasing office by the publicized
submission time and date shall be evaluated.
F. The initial ranking of proposals is based upon the points given in the scoring sheet
utilizing the evaluation criteria in the RFQ.
G. Short listing. The best-qualified respondents shall be based upon the Evaluation
Committee's ability to differentiate qualifications applicable to the scope and nature
of the services to be performed as indicated by the ratings on the scoring sheet.
Typically, the top three rated firms, if there are at least three responsive
respondents, will be considered as the shortlisted firms, unless the County
Manager, after input and discussion with the Evaluation Committee, approves
adding additional firms to the shortlist.
H. Presentations/Interviews. The Evaluation Committee may choose to conduct formal
presentations/interviews with shortlisted firms prior to final ranking.
Final Ranking. The Evaluation Committee shall use the ordinal process rank the
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firms. The respondents shall be listed in order of preference. The list of best-
qualified persons shall be forwarded to the County Manager or Board, as
appropriate, for approval prior to beginning contract negotiations.
8. Negotiation Staff
Contract negotiations may be conducted by the Department/Division or by a Negotiation
Committee to be determined by the County Manager or designee.
A. Negotiation Committee. Membership of the Negotiation Committee
may include:
1) Purchasing Director or designee, who shall chair the committee,
2) Director of the user Department/Division or designee,
3) County Attorney or designee.
B. Negotiation. The Negotiator(s) shall negotiate a contract with the firm considered to
be the most qualified to provide the services at compensation and upon terms which
the Negotiator(s) determines to be fair and reasonable to the County. In making this
decision, the Negotiator(s) shall take into account the estimated value, the scope,
the complexity, and the professional nature of the services to be rendered. Should
the Negotiator(s) be unable to negotiate a satisfactory contract with the firm
considered to be the most qualified, negotiations with that firm shall be formally
terminated. The Negotiator(s) shall then undertake negotiations with the second
most qualified firm. Failing accord with the second most qualified firm, the
Negotiator(s) shall formally terminate negotiations, and shall then undertake
negotiations with the third most qualified firm. Should the Negotiator(s) be unable to
negotiate a satisfactory contract with any of the selected firms, the Selection
Committee shall select additional firms in order of their competence and
qualifications, and the Negotiator(s) shall continue negotiations in accordance with
this Section until an agreement is reached or until a determination has been made
not to contract for such services.
DESIGN-BUILD CONTRACTS
1. Use of Design-Build Contracts
The Requesting Department will determine if the design-build method is appropriate for
a particular requirement subject to approval by the County Manager. In determining
whether design-build or contracting separately for professional design and construction
services is in the best interest of the County the following factors should be considered:
A. The potential for cost savings and/or cost reduction.
B. The need or potential for reducing the time to complete the project.
C. The need or potential for enhancing revenue production by expediting
completion, activation and operational use of the project.
D. The need or potential to expedite the completion, activation and operation of the
project due to public service considerations or user division operational needs
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and requirements.
E. The potential for collaboration to develop designs and construction methodology
that could provide a project with enhanced qualities of aesthetics, innovative use
of materials, economy of construction, operational efficiency, and/or functional
effectiveness.
F. The need or potential for protecting, preserving and enhancing the health, safety
and welfare of the public.
2. Review and Evaluation
The Evaluation Committee shall review and evaluate all submittals that have been
received prior to the announced deadline. This evaluation shall include a determination
that the firms submitting proposals meet the design-build firm definition. Qualifications
of the firm and project manager shall be considered for the design team as well as the
construction team.
3. Technical and Price Proposals
The selected design-build firm shall be required to submit a technical and price
proposal. These proposals shall form the basis of contract negotiation and award of the
design-build contract.
4. Design-Build Contract Award
The Evaluation Committee shall submit a recommendation for award to the BCC for
selection of one firm and two ranked alternates, and approval to negotiate and award a
design-build contract with the selected firm, provided the final negotiated price does not
exceed the project budget. Prior to award and execution of the design-build contract, the
County may negotiate minor changes in the technical proposal and contract price for the
purpose of clarifying and/or refining the project requirements and the services to be
performed and/or the work to be done.
PIGGYBACK
Departments may request to piggyback on contracts for goods and services with other
governmental entities. The following must be submitted as a part of the request and
specifications package:
1. A copy of the other agency's solicitation to include the awarded vendor's submittal.
2. A copy of the other agency's Purchase Order or contract and expiration date.
3. A letter from the awarded vendor, offering to honor the same prices under the same
terms and conditions as indicated in the other agency's solicitation and subsequent
contract.
4. Verification from the other agency that the vendor is performing satisfactorily.
SOLE SOURCE/NON-COMPETITIVE NEGOTIATIONS
A request for sole source procurement is permissible in accordance with section 2-107(4) of
the Procurement Code. The requesting Department/Division must provide in writing along with
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the request for procurement:
1. a finding that only one qualified source is available;
2. a statement that a search for alternative sources has been made, i.e., a request
for a proprietary item does not justify a sole source procurement if there is more
than one potential bidder for the item; and
3. a justification of why the only source is acceptable to fit the needs of the using
Department/Division.
Purchasing may negotiate with a sole source supplier under one or more of the following
circumstances:
1. The needed supply or service is available from only one source/brand as
determined by the requesting Department/Division's written justifications.
2. The supply or service is wanted for experimental trial or testing.
3. Additional supplies or services are needed to complete an ongoing task.
4. The item is a component or replacement part for which there is no commercial
distributor.
5. Compatibility is the overriding consideration.
6. The item is a used item, which is subject to immediate sale.
EMERGENCY PURCHASES
The County may enter into and utilize Mutual Aid Agreements as provided in Chapter 252,
Florida Statutes in the event of emergency situations. The County Manager shall be authorized
to invoke the terms of the Mutual Aid Agreement.
RENEWAL AND EXTENSION
Contracts for commodities or contractual services may be renewed for the original term of the
contract or for a period that may not exceed 3 years, whichever period is longer. The renewal
may be divided into increments (e.g., three one-year renewals), may be for a complete term
(e.g., one renewal for three years or the original term of the contract), or a combination thereof
(e.g., one two-year renewal followed by a one one-year renewal). Renewals are pursuant to
contract terms specifically providing for such renewal. Contract renewal options approved by
the BOCC may be executed by the County Manager.
Contracts may be extended one time for a period not to exceed 6 months. The extension is
subject to the same terms and conditions set forth in the initial contract.
TIE BIDS
If all bids received are for the same total amount or unit price, quality and service being equal,
the contract or purchase shall be made based on a lot drawn by the County Manager or
designee before at least three witnesses.
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BID PROTEST PROCEDURES
After posting of recommendation of award on the Purchasing Department public bulletin board,
any actual or prospective bidder or proposer who is aggrieved in connection with the pending
award or other element of the process leading to the award of a contract, may protest to the
Purchasing Director or his or her designee.
1. A notice of protest must be submitted within three business days after posting of the
recommendation of award at the location where bids or proposals are submitted. The
protest must be in writing, via e-mail, letter or FAX and must identify the protester and
the solicitation and shall include a factual summary of the basis of the protest. Such
protest is considered filed when it is received by the Purchasing Department.
2. A formal written protest shall be filed within ten business days after the date of the
notice of protest. A formal written protest is considered filed with the county when it is
delivered to and received by the Purchasing Department.
3. The formal written protest shall: identify the protester and the solicitation involved; a
concise and clear statement of the grounds on which the protest is based; refer to the
Florida Statutes, laws, ordinances, or other legal authorities which the protester deems
applicable to such grounds; and, specifically request the relief to which the protester
deems themselves entitled by application of such authorities to such grounds.
4. Any person who files a formal written protest shall post a protest bond with the county's
Purchasing Director at the time of filing the formal written protest. This bond shall be in
cash or by a U.S. postal service money order or a certified cashier's check, payable to
the board of county commissioners, Bay County, in an amount equal to one percent of
the county's estimate of the total contract amount or $5,000.00, whichever is greater.
The county shall inform the protesting party as to the amount required for the bond
within 72 hours, excluding Saturdays, Sundays and county holidays after the filing of the
notice of protest by the protester. If the person protesting the award prevails, the bond
shall be returned to the protester. However, if after completion of a formal written protest
process, the county denies the protest, the bond shall be forfeited, and the county and
other bidders/proposers who incurred expenses or losses due to the protest shall be
entitled to recover the reasonable costs and charges as determined and incurred by
them. The balance of the bond will be returned to the protester.
5. Stay of procurement during protest proceedings. Notwithstanding anything contained
herein to the contrary, in the event of a timely protest, the Purchasing Director shall stay
the award of the contract unless the County Manager, with the advice of the county
attorney and after consultation with using Department, determines that delaying the
award of the contract will adversely impact substantial interests of the county.
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6. Settlement and resolution. The Purchasing Director shall have the authority upon
receiving the formal written protest to attempt to resolve the protest in a manner that
addresses the interests of all parties.
7. The Purchasing Director shall, within 14 business days of the filing of the formal protest,
attempt to resolve the protest prior to any proceedings arising from the protest situation.
8. If the protest is not resolved by mutual agreement, the Purchasing Director shall issue a
decision in writing of the merits of the protest to include rationale for the reasons for the
decision and inform the protester of its right to appeal to the County Manager.
9. The protester may appeal the Purchasing Director's decision, in writing, to the County
Manager no later than five business days after the receipt of the Purchasing Director's
decision.
10. When an appeal is received, the county will send a letter to the protester and all other
bidders or proposers informing them that they may submit written arguments and
documentary evidence on the protest. A copy of the protest will be attached to the letter.
The County Manager, with inputs from the county attorney, and the director of the using
Department(s), will evaluate the protest and the evidence.
11, Within seven business days of the receipt of the appeal, the County Manager shall
render a decision in writing and provide it to the protester.
12. The decision of the County Manager will be final and may not be appealed to the Bay
County Board of County Commissioners.
13. Nothing in these solicitation protest procedures limits the rights of an unsuccessful
bidder or proposer to assert its claims in an appropriate court.
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PURCHASING CARD
1. General
The Bay County Purchasing Card Program is designed to improve efficiency in
processing low dollar purchases from any vendor that accepts the County's credit card.
This program allows the cardholder to purchase approved commodities and services
directly from vendors. Each purchasing card is issued in the cardholder's name and Bay
County. The Purchasing Department in partnership with the Clerk's Finance Office is
responsible for the overall management of the credit card purchasing program.
2. Issuance
The Department/Division will determine to whom the cards should be issued. The
Purchasing Director will issue approval based upon the purchasing authority of each
individual or work group, and in accordance with provisions established in the VISA
Purchasing Card Agreement.
3. Transaction Dollar Limit
The single per transaction dollar limit shall not exceed $1000. Departments with the
approval of the Purchasing Director selected to participate in the program shall specify:
A. Authorizations tied to budget limits.
B. Restrictions on the types of vendors with which the card may be used.
C. Any additional controls available.
D. Credit cards may be used to purchase commodities and a limited number of
services.
E. Cash advances are strictly prohibited.
4. Tax Exempt Number
All Credit Card purchases are exempt from all state and local use tax. The County's Tax
Exempt I.D. Number is printed on the face of the Credit Card. This number is to be given to
all vendors to avoid payment of state and local use tax. The use of the County's Tax
Exempt I.D. Number for personal use is strictly prohibited. Any employee caught using the
County's Tax Exempt I.D. Number for personal use will receive disciplinary action to
include, but not limited to, immediate termination of employment. Additionally, F.S.
212.085, states that in addition to being liable for payment of the tax plus a mandatory
penalty of 200 percent of the tax, such person shall be liable for fine and punishment as
provided by law for a conviction of a felony of the third degree, as provided in s. 775.082, s.
775.083, or s. 775.084.
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5. Receipt of Goods
To insure prompt and proper payment of receipts/invoices, the following procedure
should be strictly adhered to, noting that timeliness and completeness are of utmost
importance to the success of the process.
A. All cardholders should submit for processing all of their transactions via the
SunTrust Enterprise Spend Platform (ESP) program prior to the close of the
monthly credit card cycle. (Cardholders should note that some transactions may
continue to post 48 hours after the cycle end on the 27th of each month, because
of these late postings, cardholders will need to review their account and submit
for processing any additional transactions with a "posted date" of the 27th or
before.)
B. Once a cardholder has electronically submitted for processing his/her
transactions, all receipts and invoices should be attached to the Transaction
Report, which may be produced through the ESP program.
C. The appropriate Department and account number indicating where the purchase
is to be expensed should be included either on the Transaction Report or the
individual receipt/invoice.
D. After receipts/invoices have been reconciled and attached to the Transaction
Report, the cardholder must obtain the appropriate authorization on his/her
report before forwarding to Finance.
E. Submission of all properly authorized documentation is due to Finance by the 6th
of the following month. Otherwise, the Purchasing Director may suspend the
card account until report is received by Finance.
6. Interest and Penalty
Cardholders must send their Transaction Report and invoices to the Clerk's Finance Office
in sufficient time to make a timely payment, interest, if any, will be charged to the
cardholder's budget.
7. Disputed Charges and Assistance
In the event of a disputed charge, the cardholder is unable to resolve the disputed
purchase with the vendor, the cardholder should promptly complete a Customer
Statement of Disputed Charge by checking the dispute box in the ESP program. The
cardholder shall forward by email, fax or mail to SunTrust with copies to the Purchasing
Department and Finance.
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8. Returns
In the event there are returns, the cardholder must check the subsequent invoice
(statements) for the credit and attach the credit slip when processing for payment. If the
credit slip was not obtained, attach other documentation explaining the return.
9. Lost or Stolen Cards
Report lost or stolen cards to the Purchasing Department immediately. If not reported
immediately, Bay County may be liable for the fraudulent charges and, if liable, the
cardholder's budget will be charged.
10. Inappropriate Purchase
Neither the bank nor the merchant bears any responsibility for inappropriate purchases. If a
purchase was made by the cardholder, the merchant will be paid and the Department
budget charged, unless the Department returns the merchandise and the merchant agrees
to take it back and issue a credit. Individual cardholders may be subject to disciplinary
action up to and including termination if illegal and/or inappropriate purchases occur.
11. Cardholder Performance
A cardholder's responsible supervisor shall review their purchases, as they are responsible
for the cardholder meeting all the requirements specified for the use of their card. The
completion of the review will be documented by signing and dating by the cardholder and
the supervisor on the Transaction Report obtained from the ESP program.
12. Cancellation of Cards
Whenever the employment of a cardholder is ended, the cardholder's supervisor is
responsible for returning the card to the Purchasing Department for cancellation.
13. Record Keeping
It is mandatory that the cardholder shall match their invoices to the transaction report and
forward to their supervisor for their review.
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PURCHASE ORDER PROCESS
A Purchase Order is required for the procurement of goods and services over $1000 unless the
procurement of goods or services is governed by a written contract or an invoice is available.
1. A purchase requisition to purchase goods and services must be signed by the appropriate
authority level before the Purchasing Department will initiate the purchasing process.
Complete a Purchase Requisition Form with the following information:
A. Name and Department of individual requesting materials.
B. Vendor name (if new vendor- complete remit address).
C. Fund/account number.
D. Total amount of order.
E. Contract and proposal number or authorizing B.C.C. Memo (if applicable).
F. Department purchasing authority signature.
G. Quantity, unit size, catalog or part number, description, unit cost, and total cost of
items.
H. Total of all items.
Remarks (in body of requisition) - this is for further breakdowns in fund/budget/line
item numbers and any special "ship to" or"bill to" information.
J. Complete Deliver to line and Delivery Date desired.
2. The Purchase Requisition is completed by the requesting Department/Division and is
distributed as follows:
A. WHITE - This copy is forwarded to the Purchasing Department. The Purchasing
Department will forward this copy to the Clerk's Finance Office attached to the white
copy of the Purchase Order.
B. YELLOW - This copy is also forwarded to the Purchasing Department along with the
completed telephone quote sheet and retained by the Purchasing Department as a
permanent file.
C. PINK - This copy is forwarded to the Purchasing Department and signed off by the
Agent or Buyer before being returned to the requesting Department or Division.
3. After the Requisition for goods/services exceeding $1000 has been completed by the
requesting Department/Division, a Purchase Order may be processed. The order is placed
by the requesting Department unless otherwise noted, with the exception of fuel and IT
purchases, which will be placed by the Purchasing Department.
4. Distribution of Purchase Order copies by the Purchasing Department is as follows:
A. WHITE- (original)This copy is forwarded to the Clerk's Finance Office.
B. YELLOW- (Receiving copy) This copy is forwarded to the requesting
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Department/Division for their signature when all goods have been received. After
receiving the goods or services, the Department/Division signs off on this copy. If
the invoice is available, it is attached to this copy and returned to the Clerk's
Finance Office. Some Purchase Orders require partial payment. In that case, a copy
of the yellow receiving copy would be signed and forwarded to Finance along with
the invoices as they come in. Please make a notation on this copy if there has been
a legitimate and verified price modification. In case of partial shipments, this copy
will be duplicated and forwarded to the Clerk's Finance Office for partial payment.
C. PINK- This copy is retained by the Purchasing Department and becomes a
permanent record of the transaction.
D. GOLDEN ROD- This copy is forwarded along with the yellow copy to the requesting
Department/Division for their permanent records.
EXCEPTIONS AND EXCLUSIONS FOR ISSUING PURCHASE ORDERS
There are certain expenditures for which the processing of a Purchase Order is unnecessary.
The following should be made without Purchase Orders:
1. Employee expenses such as conferences expense, mileage and other reimbursable
expenses.
2. Utility, Telephone Bills, etc.
3. Insurance Premiums.
4. Interdepartmental billing such as worker's compensation premiums and other insurance
premiums.
5. Chemicals.
6. Petroleum Products (Fuel-Gas/Diesel).
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LEASES, CONTRACT AND AGREEMENTS
The following contracts, leases, and agreements shall be reviewed by the County Attorney before
execution by the vendor, provider, or contractor, and preferably before presentation to the Board
of County Commissioners or execution by the authorized County individual:
1. All recurring contracts, leases, and agreements. Recurring contracts or agreements are
those contracts and agreements for procurement of goods or services that are provided
to the County on a continuing or repeat basis.
2. All contracts, task orders, leases, and agreements of $5,000 or more. In determining the
value of a contract, all proposed renewal clause terms must be considered. A task order is
an order for services placed against an established contract.
3. All contracts, leases, and agreements with another governmental entity or based on
procurement through the piggyback method.
4. All contracts, leases, and agreements that will use a financing mechanism for the
procurement, i.e., lease purchase.
CONTRACTING PROVISIONS
The Purchasing Department, in coordination with the County Attorney, is responsible for drafting
an initial draft of any contract, lease, or agreement entered into on behalf of the Board of County
Commissioners. The following contract provisions, among others as necessary, should be
included in contracts, leases, and agreements:
1. All parties entering into the contract, lease or agreement.
2. Complete scope of the premises or the work.
3. A timeline of completion and whether the contract, lease or agreement is exclusive
or non-exclusive.
4. Price or compensation for the work and the manner, method, and schedule of
payment.
5. A statement that the contractor is an independent contractor or other statements regarding
the relationship of the parties.
6. The responsibilities, as applicable, of the contractor, to include, but not limited to,
obligations to:
A. Cooperate with the County;
B. Complete the work timely and in the proper sequence;
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C. Use competent employees or workers that are acceptable to the County, including
an authorized representative and/or superintendent for the work;
D. Maintain a drug-free workplace program similar to the County's;
E. Furnish all tools, materials, consumable supplies and equipment;
F. Follow all federal, state and local laws applicable to the work;
G. Not employ illegal alien labor and use e-Verify to maintain a legal work force;
H. Follow proper change order procedures;
I. Warranty periods; and
J. Liquidated damages.
7. Insurance requirements, including hold harmless and indemnification provisions and
bonding and warranty requirements.
8. Default and termination provisions.
9. Accounting and auditing provisions.
10. Addresses, telephone numbers, fax numbers and email addresses for all parties to receive
notices and methods of acceptable notices.
11. Miscellaneous provisions regarding assignment, merger, applicable state law and
venue, sovereign immunity, and modifications.
The Purchasing Department shall forward the draft contract, lease or agreement to the
requesting Department for review and to the County Attorney and Risk Management
Director for approval. After receipt of a completed and signed Contract Distribution Form
and award of the contract, lease, or agreement, if necessary, the Contract Coordinator will
forward the contract, lease, or agreement to the other party for execution.
WRITING SPECIFICATIONS — INVITATION TO BID
1. Solicitations must include specifications that are clear, accurate, and complete.
Unnecessarily restrictive specifications or requirements that might unduly limit the number
of bidders or proposals are prohibited. The solicitation should include all documents,
whether attached or incorporated by reference that are elements of the specifications and
requirements for the solicitation.
2. Specifications are a written description of needed supplies, equipment or services clearly
and concisely set out in the solicitation along with other material elements of the particular
project. Alternative specifications are highly discouraged.
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3. There are several types of specifications that can be considered:
a. Performance Specifications
1. The results of the product are more important than the product itself.
2. Specific end product capabilities, not method of construction.
b. Descriptive Specifications
1. Describes precisely what is needed.
2. Covers every detail to the end product.
c. Brand Name Specifications
1. Specified by manufacturers name and model number.
2. A product has been determined desirable based on past performance.
d. Closed Specification
1. Two general types
a) Single Product - e.g. compac computers
b) Multi product - e.g. compac computers, Dell computers
2. Generally brand name specifications.
e. Open Specifications
1. All manufacturers whose product meets the performance or description
specified may bid.
2. All performance specifications and all descriptive specifications are open
specifications.
3. Brand name specifications are open specifications if the phrase "or equal" is
added.
4. The phrase "or equal" establishes the brand name as a standard and all
equal products are acceptable.
f. Reference Specifications
1. The item desired is referred to by a number as established in a published
specification or standard.
2. Should use national specifications and standards.
3. Be sure to read and understand what is referenced.
4. A reference specification may include a number of different items. Be
specific.
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g. Combination Specifications
1. Not possible to combine open and closed specifications.
2. Can combine performance, descriptive, and reference specifications.
3. Used in describing a product that must meet both physical and performance
criteria.
4. Be positive the combination will produce the desired result.
4. The requesting Department/Division and the Purchasing Department are responsible for
ensuring that the specifications include the following elements:
a. Physical, chemical or electrical description of the item to be purchased or a
sufficient explanation of the services to be procured.
b. Dimensions, tolerance and performance expected of the item.
c. Reference to a sample, if any.
d. Bid price is to include net delivered price or no separate charges for delivery or
other hidden cost.
e. The estimated quantity to be furnished by the vendor.
f. Time and place of delivery, and any conditions for the delivery.
g. If additives to a bid are to be considered, all details must be included.
h. If trade-in(s) is involved, the appropriate information must be included.
Pre-qualification requirements, if any. All contractors bidding on road projects shall
be pre-qualified with the Florida Department of Transportation.
j. Bid, performance, and labor and material bond requirements, depending on the
goods or services to be provided and the recommendation of the Risk
Management Director.
k. If direct purchases will be used, the specifications should include the particular
items to be purchased by that process.
I. Liquidated damages.
m. The date and time requested for a pre-bid conference.
n. The date and time requested for a notice to proceed date.
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o. The position title and a brief explanation of the duties of the County's
representative(s)for the project.
p. The types and estimated time frames for any inspections of the project to be
conducted by the County's representative(s).
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INSURANCE REQUIREMENTS
The Risk Management Director shall review all contracts for recurring purchases of goods and
services, for goods and services over $5000, and otherwise as requested by the Purchasing
Director. The Risk Management Director shall determine what insurance and conditions will be
provided based on the type of goods or services to be procured. Generally, any of the following
insurance requirements may be included in a contract:
1. Hold Harmless and Indemnification Agreement
2. Loss Control Provisions
3. Drug Free Work Place Requirements: It is the policy of the Board to provide a Drug-Free
Workplace for all County employees. To that extent, all individuals or organizations desiring
to do business with the County are required to have a substance abuse policy subject to
the same rules of conduct and tests as the employees of the Bay County Commission.
4. General, Automobile and Excess or Umbrella Liability Coverage
5. General Liability Coverage
6. Products/Completed Operations
7. Business Auto Liability Coverage
8. Excess or Umbrella Liability Coverage
9. Property Coverage for Leases
10. Commercial General Liability Increased General Aggregate Limit
11. Liquor Liability
12. Owners Protective Liability Coverage
13. Builders Risk Coverage
14. Installation Floater Coverage
15. Motor Truck Cargo Coverage
16. Contractor's Equipment Coverage
17. Fidelity/Dishonesty Coverage
18. Garage Liability Coverage
19. Garage keepers Coverage
20. Watercraft Liability Coverage
21. Aircraft Liability Coverage
22. Pollution/Environmental Impairment Liability Coverage
23. United States Longshoremen and Harbor workers Act Coverage
24. Jones Act Coverage Endorsement
25. Professional Liability, Malpractice and/or Errors or Omissions
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AUDITING COMPLIANCE
1. An invoice submitted to the Clerk's Finance Office for payment shall qualify for payment
when the following conditions are met:
A. The invoice is accompanied by the yellow copy of the Purchase Order,
acknowledging the receipt of goods or services, or the white copy of the purchase
requisition that is signed and dated by the Purchasing Director and individual with
appropriate level of authority that coincides with the monetary amount of the goods
or services.
B. In the event of a partial shipment, a photocopy of the Purchase Order or purchase
requisition indicating the item(s) received may be forwarded to the Clerk's Finance
Office as long as it has been signed and dated by the proper Purchasing Authority.
C. In the event of a blanket Purchase Order, a photocopy of the Purchase Order may
be submitted to the Clerk's Finance Office for each occurrence that payment is
required against the Purchase Order prior to final payment. The yellow copy of the
Purchase Order must accompany the final invoice when forwarded to the Clerk's
Finance Office for payment.
2. An invoice submitted to the Clerk's Finance Office, which is an exception or exemption to
the Purchasing Procedures and Policies.
3. A change order will be processed to correct any discrepancies between the monetary
amount on the invoice and the monetary amount of the processed Purchase Order.
FLORIDA PROMPT PAYMENT ACT
Payment for all purchases by the County shall be made in a timely manner in accordance with the
provisions of the "Local Government Prompt Payment Act," sections 218.70 — 218.79, Florida
Statutes.
TAX EXEMPT STATUS GRANTED TO CONTRACTOR
The Bay County Board of Commissioners is exempt from payment of sales taxes. As such, it is
exempt from the payment of sales tax for the performance of work under construction contracts
when it is determined to be in the best interest of the County. Tax agreements, if applicable, will
be identified in the bid documents.
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Board of County Commissioners Procedure No: PP-020
(10„ G Office of Purchasing
� .. `J
tn. -41 Title: Delegation of Signature Authority Page No: 1 of 4
\�ORVO Effective Date: 10/15/13 Supersedes Date: 9/30/09
Purpose
The purpose of this procedure is to define the authority and approval requirements for
purchase commitments.
II. - Scope
This procedure applies to all purchases of materials, equipment and services by those
departments and agencies under the authority of the Board of County Commissioners.
III. General
A system of authorization and approval is an important element of internal and budgeting
control. The Escambia County Procurement Ordinance established the required approval
levels and procurement criteria for the purchasing of goods and services by County
personnel. Procedure PP-030 defines the requirements for department heads or other
designated individuals to approve purchase requisitions prior to submission to the Office
of Purchasing. Unless the Purchasing Agent has approval authority, the Purchasing
Agent is required to obtain appropriate approval of each purchase transaction prior to the
establishment of a firm order or contract.
IV. Procedure
The following excerpts from the code and the tables provide levels of required approval
based on the dollar amount of the order. All designated purchasing personnel shall obtain
the required approval prior to the final commitment.
A. In accordance with Ordinance 2002-32:
Sec.46-64. Award Approval and Threshold Authority.
(a) The Board of County Commissioners hereby approves every agreement,
contract or other purchase entered into and every award in an amount not
to exceed the mandatory bid amount of$50,000.00. Pursuant to this
approval, the Board of County Commissioners hereby delegates to the
County Administrator or designee, threshold approval authority to execute
contracts for such purchases or awards of up to $50,000.00.
(b) For any purchase or award made in accordance with this article exceeding
the mandatory bid amount of$50,000.00, the contract for such purchase or
award shall be specifically approved by the Board of County
Commissioners and thereafter shall be executed by the County
Administrator or designee.
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A O Board of County Commissioners Procedure No: PP-020
�f G�
Office of Purchasing
y ' ! Title: Delegation of Signature Authority Page No: 2 of 4
•It'OR%VP Effective Date: 10/15/13 Supersedes Date: 9/30/09
(c) Notwithstanding the above threshold approval authority, change orders to
any purchase or award shall be executed pursuant to the threshold levels set
out in Section 46-86. (See procedure PP-050)
(d) Purchases or awards, exempted from the competitive purchasing provisions
of this article under Section 46-44, shall be governed by the threshold
approval authority of this section.
(e) The Clerk to the Circuit Court as ex officio clerk and accountant of the
Board of County Commissioners and as auditor, recorder, and custodian of
all County funds, is authorized to accept, audit and process all such
agreements,purchases, or awards made on behalf of the County pursuant to
this article as the act and deed of the County.
B. The County Administrator or his designee has been delegated threshold approval
authority by the Board of County Commissioners to execute contracts for such
purchases or awards of up to $50,000.00. The County Administrator has
authorized the Purchasing Manager as his designee to execute contracts for such
purchases or awards of up to $50,000.00.
A=Award R=Requisition P=Purchase Order C= Contract V=Voucher
BOCC County Department
Chairman Admin. Director
Dollar Amount of or Vice- or or Purchasing Purchasing
Original Purchase Chairman Designee Designee Agent Manager
Order and/or Contract
*Less than $4,999.00 A/P A/R/V A/P A/P
$ 4,999.00 to $19,999.99 A/P/C R A/P A/P/C
$20,000.00 to $49,999.99 A/P/C R A/P/C
$50,000.00 or more
requires approval by full A P/C R
board.
* The Direct Payment Voucher may be used for purchases less than$1,000.00 in accordance with
Section 46-45 "Definitions"of the Escambia County Code of Ordinance &PP-110.
The Procurement Card Purchases Payment Voucher may be used for purchases less than
$4,999.00 in accordance with Section 46-91 "Small Purchases" of the Escambia County code of
Ordinance&PP-140.
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Board of County Commissioners Procedure No: PP-020
Q�
`$ A G\ Office of Purchasing
Title: Delegation of Signature Authority Page No 3 of 4
•
LOW' Effective Date: 10/15/13 Supersedes Date: 9/30/09
*NOTE: Purchases less than$4,999.00 (subject to the restriction that no purchase shall be
artificially divided so as to constitute a purchase under$4,999.00) are exempt from
the competitive purchasing function and Using Departments may request for
payments directly to Accounts Payable without processing through the Office of
Purchasing
V. Multi-Year Lease and Lease Purchase Agreements
Multi-year lease and lease purchase agreements, regardless of the cost of any item are
prohibited unless approved by the Board of County Commissioners, whether through
state bid or otherwise.
VI. Amendments/Changes after Award
Authority to increase the amount of any award is predicated on the condition that
all provisions of the original award remain intact and unchanged. Changes to
executed contracts are prohibited which change the scope of work from its original
proposal or bid. The County Administrator or his designee may approve extensions of
delivery dates and performance time on contracts provided that such resultant changes to
the established award amount comply with the provisions of the ordinance.
A. The County Administrator may authorize cumulative increases to awards of up to
$50,000.00, or ten percent(10%) of the award amount, whichever is greater.
B. The County Administrator shall execute all amendments/change orders to awards
in accordance with Section 46-86—Amendments/Changes after award.
Changes to an award that have reached or exceeded$50,000, or ten percent
(10%) of the award amount, whichever is greater, shall not be effective unless
such increase is first approved by the Board of County Commissioners.
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Q,•A Board of County Commissioners Procedure No: PP-020
� `.o\\ Office of Purchasing
#� Z 1 Title: Delegation of Signature Authority Page No: 4 of 4
g
7/ g b t3
Effective Date: 10/15/13 Supersedes Date: 9/30/09
Cumulative Dollar BOCC County Purchasing Purchasing
Amount of Change Chairman Administrator Agent Manager
Order.
Up to $50,000.00 or ten
percent(10%) of the
award amount,
whichever is greater.
Changes that exceed the
above amounts requires
approval by the full
Board.
NOTE: See PP-050, "Amendments/Changes After Award" policy and procedure for more
details and examples on how Change Order(s) affects the cumulative value and
approval process.
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ESCAMBIA COUNTY (FL)
ARTICLE II. - PURCHASES AND CONTRACTS
DIVISION 1. - GENERALLY
Sec. 46-41. - Short title.
The provisions of this article shall be known and cited as the county purchasing ordinance.
(Code 1985, § 1-14-19(a); Ord. No. 98-48, 10-27-1998)
Sec. 46-42. - General purpose.
(a) The purpose of this article is to place the county's purchasing function under a centralized
system which will enable the county to:
(1) Establish policies governing the purchase of goods and services;
(2) Provide for fair and equitable treatment for all persons who do business with the
county;
(3) Encourage and promote equal opportunity for all persons doing business with the
county;
(4) Obtain goods and services of satisfactory quality and quantity at reasonable cost for
the county; and
(5) Continue the development of procurement policies and procedures through the
promulgation of policies and procedures of purchasing in accordance with the
provisions of this article.
(b) The authority granted under this article shall not include fundamental policy decisions
regarding the county's purchasing functions and procedures. These powers, including the
determination of the total funds to be spent pursuant to this article by the designated
departments and the setting aside of those funds, shall remain solely with the board of
county commissioners and are not and shall not be delegated. Departments may not
request procurements beyond the limitations imposed in the county's budgetary process.
;C,-)He 1 '9'� '` 19 b); Ord ,.� 9 '� 7 199 1
,�� �r.. � 1-1 _,, . N . y8-z�, 1��-2�-�, X81
Sec. 46-43. - Requirement of good faith.
The provisions of this article require all parties involved in the development, performance, or
administration of purchasing contracts of the board of county commissioners to act in good
faith.
(Code 1995, § 1-14-19(c); Ord. No. 98-48, l0-27-1998)
Sec. 46-44. - Application; exemptions.
The provisions of this article shall apply to every purchase by the board of county
commissioners from county funds, including state and federal assistance monies, except as
otherwise specified by law. All expenditures of county funds will require the issuance of a
purchase order contract and be subject to the bid requirements of this article with the
exception of the following:
(1) Agreements between the board of county commissioners and nonprofit organizations,
the federal government or other state or local governments including the transfer, sale
or exchange of goods and/or services.
(2) Purchases by the clerk of the circuit court, sheriff, supervisor of elections, property
appraiser, state attorney, public defender, tax collector, county civil service board,
county human relations commission, and such other county entities as may be
designated from time to time by the board of county commissioners.
(3) Goods and/or services received by grant, gift, or bequest.
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(4) Any item defined as a direct payment voucher.
(5) Payroll and payroll related deductions.
(6) Awarded bids by local, state, or national government agencies, government
cooperative purchasing organizations or purchasing associations.
(7) Purchases from the state or U.S. General Services Administration Contracts.
(8) Sole source goods and services.
(9) Awarded bids by nonprofit associations so long as such bids are obtained through the
competitive procurement process.
(Code 1985, § 1-14-19(d); Ord. No. 98-48, 10-27-1998; Ord. No. 2001-9, § 1, 3-1-2001)
Sec. 46-45. - Definitions.
The following words, terms and phrases when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Addendum means additional directions or modifications during the county procurement
process to a solicitation which are issued as separate advisory document after issuance of
such solicitation by the purchasing manager.
Administrator means the county administrator.
Agreement means the bargain of the parties in fact as found in their language or by
implication from other circumstances including course of dealing, usage of trade, or course of
performance. Whether an agreement has legal consequences is determined by the provisions
of the uniform commercial code of the state, if applicable, otherwise, by the law of contracts.
Amendment means the method of changing the terms, conditions, or requirements of a
contract or agreement beyond what is specifically provided for in that contract or agreement.
All amendments shall be approved with equal dignity and formality as the original contract
signed by the individuals holding the positions of the original signatories; provided however,
that any amendment which causes a contract expenditure to exceed $50,000.00 shall be
approved by the board of county commissioners.
Bid means a formal price offer by a vendor to the county to furnish specific goods and/or
services in response to an invitation for bids, request for quotation or a multi-step bidding
procedure.
Board means the board of county commissioners of the county.
Business means any corporation, partnership, individual, sole proprietorship, joint stock
company,joint venture, or any other private legal entity.
Business days means working days (Monday through Friday) excluding weekends and any
holidays observed by the board of county commissioners.
Capital improvement project means any public improvement which the county undertakes
including the construction or reconstruction in whole or in part of any building, road, highway,
street improvements, plant, structure, or facility necessary in carrying out the functions of the
county government.
Change order means a written order amending a purchase order to correct errors, omissions,
or discrepancies in it, to cover acceptable cost overruns and freight costs, to incorporate
requirements to expand or reduce the scope of goods or services ordered, or to direct other
changes in contract execution to meet unforeseen field, emergency, climatic, regulatory, or
market conditions.
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Construction means the process, usually requiring the professional services of an architect
and/or engineer, in the building, altering, repairing, improving, or demolishing of any structure
or building, or other improvements of any kind to any real property.
Consultant's Competitive Negotiations Act (CCNA) is the official name for F.S. § 287.055,
relating to the procurement of architectural, engineering (including testing), landscape
architecture, and registered land surveying services. These services shall be procured by letters
of interest and competitive selection and negotiation.
Contract means:
(1) A deliberate verbal or written agreement between two or more competent parties to
perform or not perform a specific act or acts;
(2) Any type of agreement regardless of what it is called for the procurement or disposal
of supplies, services or construction.
Contract administrator means the ranking managerial employee of the county requesting
contractual items or services, or an employee expressly designated as such by the county
administrator. The contract administrator has the responsibility to ensure that the provisions of a
contract are complied with by both the county and the contractor.
Contract modification means any written alteration in specifications, delivery point, rate of
delivery, period of performance, brand or model, price, quantity, or other provisions of a
contract agreed to by the parties to that contract; such modification if not provided for in the
original agreement shall be effected by formal amendment as defined herein.
Contractor means any person having a contract with the county.
Cooperative purchasing means a procurement conducted by or on behalf of more than one
public procurement unit.
County means the board of county commissioners or any of its authorized representatives
pursuant to ordinance, resolution, or administrative code.
Debarment means the exclusion for cause of a vendor or contractor from bidding and/or
doing business with the county.
Department (see Operating unit).
Department head/director means any person designated by the county administrator to hold
a superior position with all authorities associated with the highest level position within an
operating unit, i.e., chief, bureau chief, manager, director.
Design-build firm means a partnership, corporation, or other legal entity which:
(1) Is certified under F.S. § 489.1 19, to engage in contracting through a certified or
registered building contractor as the qualifying agent; or
(2) Is certified under F.S. § 471.023, to practice engineering; certified under F.S. § 481.219,
to practice or to offer to practice architecture; or certified under F.S. § 481.319, to
practice or to offer to practice landscape architecture.
Design-build contract means a single contract with a design-build firm for the design and
construction of a public construction project.
Design-criteria package means concise, performance-oriented drawings or specifications of
the public construction project. The purpose of the design-criteria package is to furnish
sufficient information so as to permit design-build firms to prepare a bid or a response to an
agency's request for proposal, or to permit an agency to enter into a negotiated design-build
contract. The design criteria package shall specify such performance-based criteria for the
public construction project, including, but not limited to, the legal description of the site, survey
information concerning the site, interior space requirements, material quality standards,
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schematic layouts and conceptual design criteria of the project, cost or budget estimates,
design and construction schedules, site development requirements, provisions of utilities,
stormwater retention and disposal, and parking requirements, as may be applicable to the
project.
Design criteria professional means a firm who holds a current certificate of registration under
F.S. ch. 481 to practice architecture or landscape architecture or a firm who holds a current
certificate as a registered engineer under F.S. ch. 471 to practice engineering and who is
employed by or under contract to the agency for the providing of professional architect
services, landscape architecture services, or engineering services in connection with the
preparation of the design criteria package.
Designee means a duly authorized representative of a person holding a superior position.
Direct payment voucher means the method of payment for certain approved transactions for
which there is no competitive purchasing function; and the using agency may make a request
for payment directly to accounts payable without processing the transaction through the
office of purchasing. Direct payment vouchers require all the necessary approvals and
signatures as a requisition. Only the following transactions are approved for payment using a
direct payment voucher: Debt-related expenses, mileage reimbursements, towing, forensic
services, witness expenses, storage expenses, copies of records, transcripts, child support
payments, housing assistance payments, payments issued to constitutional officers, indigent
medical payments, indigent burials, inmate medical services, instructor fees, medical
insurance refunds (personnel only), memberships (must be on approved membership list),
outside counsel, other legal services, including paralegal services, expert witnesses, and court
reporters, all types of taxes, assessments, fees, permits, utility payments, deposits, postage (U.S.
Post Office only), pre-approved interview and/or moving expenses (personnel only), refunds on
overpayment, tag and title fees, taxes, parking violations, risk management claims settlements,
subscriptions to and legal advertisements in newspaper and periodicals, tax deed application
expenses, tuition, lab fees, books required course materials to approved schools (registration
forms required), purchases less than $5,000.00 (subject to the restriction that no purchase shall
be artificially divided so as to constitute a purchase under $5,000.00), and payments made
through approved purchase card agreements.
Discount-from-list contracts mean those contracts whereby price is determined by applying a
percentage discount from an established catalog price. This type of contract is only to be
used when it is determined by the purchasing manager that this contracting methodology is in
the best interest of the county.
Emergency purchases means those procurements which shall be exempted from the
mandatory bid requirements of this article in the event of a state of emergency, because the
circumstances of the delay incident in complying with such requirements would be
detrimental to the health, safety and welfare of the citizens of the county; such emergencies
shall include, but are not limited to, war, declared or undeclared; insurrection; hurricane; flood;
tornadoes or any other form of disaster or unforeseen circumstances threatening destruction of
life or damage to property. This exemption shall be in effect through any such circumstances,
including the clean up and repair to property period following such an event.
Employee means an individual of a governmental body of the county government under the
control of the board of county commissioners who is drawing a salary or wages from the
board.
Established catalog price means the price included in a catalog, price list, or schedule,which:
(1) Is regularly maintained by a manufacturer or contractor; or
(2) Is either published or otherwise available for inspection by customers; and
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(3) States prices at which sales are currently or were last made to a significant number of
any category of buyers or buyers constituting the general buying public for the
supplies or services involved.
Goods means any tangible personal property other than services or real property.
Governmental body means any division, department, separate office, commission, council,
board, bureau or committee.
Invitation to bid means:
(1) The solicitation document used for competitive sealed bidding for the purchase of
goods and/or services;
(2) All documents, whether attached or incorporated by reference, utilized for soliciting
bids.
Invitation to negotiate (ITN) means a written solicitation for competitive sealed replies to select
one or more vendors with which to commence negotiations for the procurement of
commodities or contractual services. Evaluation of the negotiation is based on prior
established criteria, which may include, but may or may not be totally limited to price.
Item means a product, material or service.
Mandatory bid amount means the threshold dollar amount established as policy by the board
of county commissioners at and above which the formal competitive sealed bid process must
be used, except as otherwise provided in this article. The mandatory bid amount shall be
$50,000.00.
Multiple-award contracts mean those contracts which provide awards to more that one
vendor for the same item. This type of contract may be used by the county only when it is
determined by the purchasing manager that the use of more than one vendor is in the best
interest of the county.
Negotiations for professional services means the act of determining terms, conditions, and
prices for the performance of professional services, other than those governed by Competitive
Consultants Negotiations Act (CCNA). A proposal review committee appointed by the county
administrator shall review offers and responses and conduct discussions with the firms to arrive
at final and best offers, in an attempt to negotiate an agreement on a contract for the
provision of services to the county.
Open-end contract means a contract whereby an indefinite quantity of supplies, services, or
construction work is to be procured, as required by the county, over an identified span of time.
Such contract has a fixed price which is applied to each individual purchase made from it
during the term of the agreement.
Open-end purchase order means a purchase order whereby a vendor provides to the county
supplies, services, or construction work on demand or on a prescribed schedule which shall not
exceed a period of 12 consecutive months. An open-end purchase order may be used as a
release and encumbrance document to authorize the county to order on an as-needed basis
a predetermined amount of supplies, services, or construction work from an open-end
contract.
Operating unit means any department, bureau, administrative office or other functioning unit
operating under the board of county commissioners.
Person means any business, individual, union, committee, club, or organization, or group of
individuals or any other legal entity.
Policies and procedures of the office of purchasing means those appropriately promulgated
directives having general or particular applicability designed to implement or interpret policy,
or describing organization, procedure, or practice requirements.
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Posting means the act whereby the county places on a bulletin board, in a designated
location, a listing which indicates the vendor or vendors that county staff is recommending
receive the award of an invitation for bid or request for proposal. It is also public notice of any
official action by the county in matters relating to this article, including suspension or
debarment.
Procurement means buying, purchasing, renting, leasing, or otherwise acquiring any supplies,
services or construction. It also includes all functions that pertain to the obtaining of any
supply, service, or construction, including description of requirements, selection and solicitation
of sources, preparation and award of contract, and all phases of contract administration.
Professional services means any narrow discipline wherein a known practitioner has through
education and experience developed expert advisory and programming skills as a vocation;
any service performed primarily by vocational personnel which requires the analysis or
certification of a professional before the services are acceptable to the user of the service; or
any other advisory, study, or programming activity where the purchasing manager determines
that the level of skills and/or creativity or the potential or known practitioner warrant
procurement in lieu of competitive bid or quotation process.
Proposal means an executed formal document submitted to the county stating the goods
and/or service offered to satisfy the need as requested in the request for proposal or request
for information.
Proposal review committee means the committee appointed by the county administrator to
review offers and responses to requests for proposals (RFP) in accordance with the policies and
procedures of the office of purchasing.
Purchase/procurement means buying, purchasing, renting, leasing or otherwise acquiring any
goods and/or services for public purposes in accordance with the law, rules, regulations and
procedures intended to provide for the economic expenditure of public funds. It includes but
is not limited to all functions which pertain to the obtaining of any supplies, materials,
equipment and/or services including construction projects and capital improvements required
by any department or agency of county government regardless of the source of funds or for
which payment is made from county funds. For the purposes of this article, it excludes those
items set forth in section 46-44.
Purchase order means a county document used to authorize a purchase transaction with a
vendor. It should contain provisions for services ordered; applicable terms as to payment,
discounts, date of performance and transportation and other factors or conditions relating to
the transaction. Acceptance by vendor of a purchase order shall constitute a contract.
Purchasing agent means any person duly authorized by the purchasing manager to enter into
and to administer contracts and to make written determinations with respect thereto. The term
also includes an authorized representative acting within the limits of this authority.
Purchasing manager means the person holding the position as head of the office of
purchasing of the county.
Quotation means any oral or written informal offer by a vendor to the county to furnish specific
goods and/or services at a stated price.
Request for information (RFI) means a solicitation of responses which will satisfy a need rather
than a firm specification and in which the respondent is given latitude in order to develop a
product and/or service which will fulfill the need.
Request for letter of interest (RLI) means a solicitation of responses from vendors whereby
vendors are invited to submit a summary of their particular qualifications and to state their
interest in performing a specific job or service for the county. From such letters of interest, the
county determines which of such vendors shall be shortlisted, interviewed, and selected for
final contract negotiations.
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Request for proposal (RFP) means a solicitation of responses for a good and/or service for
which the scope of work, specifications or contractual terms and conditions cannot
reasonably be closely defined. Evaluation of a proposal is based on prior established criteria
which may include but may or may not be totally limited to price.
Request for quotation (RFQ) means an informal request, either oral or written, to solicit prices
from vendors for specific goods and/or services.
Resource manager means an employee, designated by the county administrator, to provide
specialized guidance, control, and technical expertise in the procurement of selected items.
Responsible bidder means an individual or business which has submitted a bid, offer, proposal,
quotation, or response which, as determined by the county, has the capability in all respects
to perform fully the contract requirements and the experience, integrity, reliability and
capacity, facilities, equipment and credit which give reasonable assurance of good faith and
performance. The county may also consider and give weight to the bidder's previous conduct
and performance under previous contracts with the county and other agencies (including but
not limited to delinquency), and determine the quality of the bidder's previous work. The
county may, after bid opening, request additional information from the bidder concerning his
ability to perform; and the bidder may voluntarily, after opening, provide additional or
corrective information concerning his responsibility as bidder.
Responsive bidder means an individual or business which has submitted a bid, offer, proposal,
quotation or response which, as determined by the county, conforms in all material respects to
the solicitation which may include but is not limited to pricing, surety, insurance, specifications
of the goods or services requested or any other matter unequivocally stated in the invitation
for bids as a determinant of responsiveness. A lack of conformity in these matters which is
nonsubstantive in nature may be considered a technicality or irregularity which may be
waived by the county; provided, however, that failure of a bidder or proposer to certify the
firm has a drug-free workplace, in accordance with F.S. § 287.087, shall result in rejection of the
bid or proposal as nonresponsive.
Selection/negotiation committee means the committee appointed by the county
administrator or purchasing manager to review responses for consultant services governed by
the State of Florida Competitive Consultants Negotiation Act (CCNA) in which the committee
shortlists and ranks the firms in preferential order and negotiates a final contract with the
highest ranking firm.
Services means the furnishing primarily of labor, time, and/or effort by a contractor, wherein
the provision of goods or other specific end products other than reports, studies, plans,
advisories, contractual documents, or other documents relating to the required performance is
incidental or secondary. This term shall not include construction, employment agreements, or
collective bargaining agreements.
Single source means the only existing source of the only items which meets the needs of the
using department as determined by a reasonably thorough analysis of the marketplace.
Sole brand means the only known brand or model of a particular item capable of fulfilling the
specific needs of the county.
Specification means the words used in an invitation for bid or quotation to describe the goods
and/or service to be purchased or otherwise acquired.
Surplus supplies means those supplies no longer having any useful value to the county. Such
supplies include, but are not limited to, obsolete or scrap materials, products, and other items
which have exhausted their useful life cycles.
Using department means that department, bureau, administrative office or other functioning
unit operating under the authority of the board of county commissioners which requests and
utilizes goods and/or services procured under this article.
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Vendor means an actual or potential supplier of goods and/or services to the county.
Vendor list means the compilation by category of goods and/or services of the names and
addresses of those appropriate suppliers of goods and/or services that have indicated an
interest in doing business with the county and are currently in good standing to do so.
(Code 1985, § 1-14-19(e); Ord. No. 98-47, 10-27-1998; Ord. No. 2001-9, § 2, 3-1-2001; Ord. No.
2005-42, § 1, 9-1-2005; Ord. No. 2009-18, § 1, 7-9-2009)
Cross reference— Definitions generally, § 1-2.
Secs. 46-46-46-60. - Reserved.
DIVISION 2. - ADMINISTRATION
Sec. 46-61. - Organization—Office of purchasing.
The office of purchasing shall be the agency through which the county will conduct its
purchases of all supplies, material, equipment, contractual services and/or combination of
goods and services.
(Code 1985, § 1-14-20(a))
Sec. 46-62. - Same—Purchasing manager.
Subject to the provisions of this article and under the direction of the county administrator, the
purchasing manager shall serve as the principal officer for the purchase and sale of goods
and services for county government.
(Code 1985, § 1-14-20(b))
Sec. 46-63. - Same—Duties of purchasing manager.
The purchasing manager shall:
(1) Administer the central purchasing system for the county.
(2) Upon request of any county constitutional officer or other county entity set out in
section 46-44, make available to such officer or entity the services provided for in this
division subject to the terms of this article and any policies and procedures of the
purchasing office.
(3) Maintain a catalog system for the use of county departments and agencies.
(4) Maintain a current file of qualified sources of supply for all goods and services
purchased by the county:
a. Such vendor file shall be maintained so as to ensure that every qualified business
in good standing with the county which has requested placement in the file is
included and that the widest practicable vendor coverage is provided.
b. A vendor's name may be removed from the vendor file for failing to respond to
three consecutive invitations to bid. After such removal, vendor may be
considered for reinstatement upon written request of vendor.
(5) Provide for the establishment/promulgation of policies and procedures for purchasing
in the office of purchasing's policies and procedures manual which shall be reviewed
and amended from time to time and delegate certain rights, powers and authority
vested in his position to subordinate purchasing agents and other employees.
(6) Serve as ex-officio nonvoting chairman on all committees relating to the subject
matter of this article.
(7) Perform other duties as directed by the board of county commissioners or the county
administrator.
(Code 1985, § 1-14-20(c); Ord. No. 98-47, 10-27-1998; Ord. No. 2001-9, § 3, 3-1-2001)
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Sec. 46-64. - Award approval and threshold authority.
(a) The board of county commissioners hereby approves every agreement, contract or other
purchase entered into and every award in an amount not to exceed the mandatory bid
amount of $50,000.00. Pursuant to this approval, the board of county commissioners
hereby delegates to the county administrator or designee, threshold approval authority to
execute contracts for such purchases or awards of up to $50,000.00.
(b) For any purchase or award made in accordance with this article exceeding the
mandatory bid amount of $50,000.00, the contract for such purchase or award shall be
specifically approved by the board of county commissioners and thereafter shall be
executed by the county administrator or designee.
(c) Notwithstanding the above threshold approval authority, change orders to any purchase
or award shall be executed pursuant to the threshold levels set out in section 46-86
(d) Purchases or awards, exempted from the competitive purchasing provisions of this article
under section 46-44, shall be governed by the threshold approval authority of this section.
(e) The clerk of the circuit court as ex officio clerk and accountant of the board of county
commissioners and as auditor, recorder, and custodian of all county funds, is authorized to
accept, audit and process all such agreements, purchases, or awards made on behalf of
the county pursuant to this article as the act and deed of the county.
(C,Dde 1985, § 1-14-20(d); Ord. No. 98-47, 10-27-1998; Ord. No. 2001-60, § 1, 11-1-2001; Of
No. 2002-6, § 1, 2-7-2002; Ord. No. 2002-82, § 1, 7-18-2002; Ord. No. 2005-42, § 2, 9-1-2005)
Sec. 46-65. - Conflict of interest.
In addition to the prohibitions set out in Part III, Chapter 112, Florida Statutes, neither the county
administrator, the purchasing manager nor any member of his staff shall be financially
interested or have any personal beneficial interest, directly or indirectly, in any purchase or
contract of any supplies, materials, equipment, or services used by or furnished for the county.
The county administrator, the purchasing manager and every member of his staff are
prohibited from accepting or receiving from any person, firm or corporation to which any
purchase or contract may be awarded any money, rebate, gift, or anything of value or any
promise, obligation or contract for future reward of compensation.
ode 1 985, § 1.14-25; Or: . Ho. 2001-9, § 3-1-2001)
Secs. 46-66-46-80. - Reserved.
DIVISION 3. - PROCEDURES
Sec. 46-81. - Source selection.
(a) The procurement of all goods, material, equipment, services and combinations of goods
an/or services by or on behalf of the board of county commissioners, including those
transactions through which the board of county commissioners shall receive revenue, in
an amount equal to or in excess of the mandatory bid amount of $50,000.00 shall be
awarded by a competitive bid or proposal process or as specifically provided in sections
46-91 and 46-100, unless otherwise provided by state or federal law.
(b) Purchase orders or contracts arising from procurements prescribed in subsection (a) shall
require a one time formal approval by the board of county commissioners. Such awards or
any other procurement formally awarded by the board of county commissioners shall be
for the duration of the original award until final payment and shall not be restricted to the
fiscal year of the board action to award, and all payments shall be subject to availability
of the current budget.
(c) Nothing in subsection (a) or (b) of this section shall prohibit the board of county
commissioners from renewing purchase orders or contracts with vendors/contractors
originally selected through a competitive selection process or from purchasing goods,
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material or equipment furnished by the county for inclusion in a capital improvement
construction project whose cost has been incorporated as part of a bid selected in a
competitive bidding process provided for in this division. Any such construction goods,
materials, or equipment so purchased shall be exempt from the competitive bid process
of this article.
(Code 1985, § 1-14-21; Ord. No. 98-47, 10-27-1998; Ord. No. 2009-18, § 2, 7-9-2009)
Sec. 46-82. - Competitive sealed bid process—Generally.
(a) Invitation for bids. An invitation for bids shall be issued which shall include the specifications
for the purchases sought.
(b) Public notice. Public notice of the invitation for bids shall be published in a newspaper of
general circulation for a reasonable period prior to bid opening and by other such means
as deemed appropriate by the purchasing manager.
(c) Bid submission. Bids shall be accepted only from vendors that are currently in good
standing with the county. Bids must be received no later than the time and date and at
the location specified for bid opening in the invitation for bid. No bids shall be accepted
after such time and date or at any other location than specified. Bids received later, or at
any other location than specified, or from a suspended or debarred vendor shall be
returned unopened to the bidder.
(d) Bid opening. Bids shall be opened publicly at the time and place specified in the invitation
for bids. The name of each bidder, the amount of each bid, and such other relevant
information shall be recorded and such information shall be posted.
(e) Bid cancellation or postponement. The purchasing manager for good cause may, prior to
bid opening, elect to cancel a bid or postpone the date and/or time of bid submission or
opening. After a bid opening, the purchasing manager may cancel a bid if no or only one
responsive, and responsible bid is received, if the lowest most responsive, most responsible
bid is in excess of the funding limits established by the county for that bid, or if it is deemed
that it is not in the best interest of the county to continue with the procurement. In the
event of discovery after bid opening of a patent irregularity or procedural flaw which is so
severe as to render the process invalid, or in the event that the county determines that the
need for the procurement no longer exists and will not exist in the immediate future, the
purchasing manager may also cancel the bid.
(Code 1985, § 1-14-21 (1)(c)—(e); Ord. No. 98-47, 10-27-1998)
Sec. 46-83. - Same—Corrections, additions to and withdrawal of bids.
(a) The following shall govern the correction of information submitted in a bid when that
information is a determinant of the responsiveness of the bid:
(1) Errors in the extension of unit prices stated in a bid or in multiplication, division,
addition, or subtraction in a bid may be corrected by the purchasing manager prior
to award. In such cases, the unit prices shall not be changed.
(2) No bidder shall be permitted to correct a bid mistake after bid opening that would
cause such bidder to have the low bid, except that any bidder may correct errors in
extension of unit prices stated in the bids, or in multiplication, division, addition, or
subtraction. In such cases, unit prices bid shall not be changed.
(3) Nothing herein is intended to prohibit the acceptance of a voluntary reduction in
price from the lowest most responsive and responsible bidder after bid opening
provided such reduction is not conditioned on, or does not result in, the modification
or deletion of any specifications or conditions contained in the invitation for bids or
after the determination of which vendor is to be awarded the bid or portion thereof.
(b) A bidder who is alleging a judgmental mistake of fact shall not be permitted to withdraw
his bid after bid opening. If such bidder unilaterally withdraws his bid without permission
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after bid opening, the purchasing manager may suspend the vendor from receiving new
orders from the county for up to two years, dating the data of unilaterally withdrawal.
(c) A bidder alleging a nonjudgmental mistake of fact may be permitted to withdraw his bid
only when it is determined by the purchasing manager that there is reasonable proof that
such a mistake was made and, if the bid is the low bid, that the intended bid cannot be
determined with reasonable certainty. If a bidder unilaterally withdraws his bid without
permission after bid opening, the purchasing manager may suspend the vendor from
receiving new orders from the county for up to two years, dating from the date of the
unilateral withdrawal.
(d) Information in a bid, which concerns the responsibility of the bidder, shall not necessarily
be considered conclusive at the time of bid opening, except when the invitation for bids
unequivocally states that the bid shall not be considered responsive unless the particular
information is provided in the bid. When such information has not been so declared as a
determinant of responsiveness of the bid:
(1) The purchasing manager may determine that the information submitted concerning
the responsibility of the bidder is so administratively inadequate as to warrant a
recommendation of rejection of the bid based on the lack of demonstrated bidder
responsibility.
(2) The purchasing manager may, after bid opening, request additional information of
the bidder concerning his responsibility to perform; and the bidder may voluntarily,
after bid opening, provide additional or corrective information concerning his
responsibility as a bidder. The purchasing manager shall consider this and all other
information gained prior to the time of award or rejection in making his determinations
and recommendations concerning bid acceptance and award.
(e) A bid shall be considered responsive only if it conforms to the requirement of the invitation
for bids concerning pricing, surety, insurance, specifications of the goods or services
requested, and any other matter unequivocally stated in the invitation for bids as a
determinant of responsiveness; provided, however, that the alternative methods may be
considered and awarded unless specifically prohibited. A lack of conformity on these
matters which is nonsubstantive in nature may be considered a technicality or irregularity
which may be waived by the purchasing manager. Failure by the bidder to execute the
county's contractual services acknowledgement form binding the bidder's offer shall result
in such bid being rejected as nonresponsive.
(Code 1985, § 1-1 -21 (1)(f); Ord. No. 98-47, 10-27-1993; Ord. No. 2001-9, § 5, 3-1-2001)
Sec. 46-84. - Same—Bid evaluation.
(a) The county reserves the right to accept or reject any and all bids and to make award to
the lowest most responsive and most responsible bidder whose bid meets the requirements
and criteria set forth in the invitation for bid and whose award will, in the opinion of the
county, be in the best interest of and most advantageous to the county.
(b) Factors to be considered in determining whether the standard of responsibility has been
met shall include whether a prospective contractor/vendor has:
(1) Available the appropriate financial, material, equipment, facility, and personnel
resources, experience, knowledge and expertise, or the ability to obtain them,
necessary to indicate its capability to meet all contractual requirements;
(2) A satisfactory record of performance;
(3) A satisfactory record of integrity;
(4) Qualified legally to contract with the county;
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(5) Supplied all necessary information in connection with the inquiry concerning
responsibility, including but not limited to any licenses, permits, insurance or
organization papers required; and
(6) Been suspended, debarred or otherwise disciplined by the county, any state agency
or subdivision, or the federal government for violations of procurement ordinances or
laws.
The prospective contractor/vendor shall supply information requested by the county
concerning the responsibility of such contractor/vendor. If such contractor/vendor fails to
supply the requested information, the county shall base the determination of responsibility
upon any available information or may find the prospective contractor/vendor nonresponsible
if such information is not submitted within the time specified by the county.
(c) The county may conduct a prequalification process in which the responsibility of potential
vendors/contractors is evaluated and may then limit acceptance of bids or responses to
those vendors/contractors deemed qualified in such process.
(Code 1985, § 1-14-21 (1)(g); Ord. No. 98-47, 10-27-1998)
Sec. 46-85. - Same—Bid award.
(a) Award shall be made to the lowest most responsible, most responsive bidder and shall be
effective upon issuance of a purchase order by the purchasing manager or execution of
a contract pursuant to threshold approval authority set out section 46-64. The county may
reject any bid prior to such issuance.
(b) The notice of intent to award procurements over the mandatory bid amount shall be
posted at the location set for bid opening for a period of two business days. In the event
only one responsive, responsible bid is received, that bid may be awarded to the sole
bidder or rebid or canceled as provided in subsection 46-82(e).
(Code 12 § 1-14-21 (1)(0); Ord. No.. 98-47, 10-27-1998; Ord. No. 2001-6 0, § 2, 11-1-2001)
Sec. 46-86. - Same—Amendments/changes after award.
(a) Threshold approval authority for change orders to executed contracts shall be determined
by the cumulative total amount of the original purchase or award and any subsequent
change orders to that purchase or award. The county administrator or his designee may
authorize cumulative increases of up to $50,000.00 or ten percent of the award amount,
whichever is greater. Changes to an award that have reached or exceeded $50,000.00 or
ten percent of the award amount shall not be effective unless such increase is first
approved by the board of county commissioners.
(b) Authority to increase the amount of any award is predicated on the condition that all
provisions of the original award remain intact and unchanged.
(c) Changes to executed contracts are prohibited which change the scope of work from its
original proposal or bid. The county administrator or his designee may approve extensions
of delivery dates and performance time on contracts provided that such resultant
changes to the established award amount comply with the provisions of this article.
(Code 1985. § 1-14-21 (1)(i); Ord. No. 98-47, 10-27-1998: Ord. No. 2001-9, § 6, 3-1-2001; Ord.
No. 2001-60, § 3, 11-1-2001; Ord. No. 2002-6, § 2, 2-7-2002; Ord. No. 2002-32, § 2, 7-18-2002;
Ord. Nn. 2009-18 § 3, 7-'9-2009; Ord. No. 2009-30, § 1, 9-3-2009)
r
Sec. 46-87. - Competitive proposal process—Alternative to competitive bid process.
When it is determined by the purchasing manager that the use of competitive sealed bidding
is impractical or inappropriate, the county may utilize the competitive process in sections 46-87
through 46-90 as an alternative to the competitive bid process.
(Code 1985, § 1-14-21 (2))
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Sec. 46-88. - Same—Requests for proposals or information.
Requests for proposals or requests for information may be issued, setting forth the performance
parameters of the goods and/or services, and establishing the evaluation factors to be used
which set forth the terms and conditions of the goods and/or services sought including
evaluation factors.
(1) Notice. Adequate notice shall be published in a newspaper of general circulation for
a reasonable time prior to the time set of the submission of responses and by such
other means as deemed appropriate by the purchasing manager.
(2) Submission. Proposals must be received no later than the original or amended time
and date and at the location specified for submission in the request for proposal or
request for information. No proposal shall be accepted after such time or at any other
location than specified; any proposal received later or at any other location than
specified shall not be considered to be responsive. Failure by the proposer to execute
the county's contractual services acknowledgment form binding the proposer shall
result in such proposal being rejected as nonresponsive.
(3) Proposal cancellation or postponement. The purchasing manager may, prior to a
proposal opening, elect to cancel or postpone the date and/or time for proposal
opening or submission. After the proposal opening, the purchasing manager or
designee may cancel the proposal if no or only one responsive, responsible proposal is
received, or if the lowest most responsive, most responsible proposal is in excess of the
funding limits established by the county for that proposal or if it is deemed that it is not
in the best interest of the county to continue with the procurement. In the event of
discovery after proposal opening of a patent irregularity or procedural flaw which is so
severe as to render the process invalid, the purchasing manager or designee may
also cancel the proposal.
(Code 8 s; 2 ); 9 , 993; O200 )
-14-� (1,(� G'ec. f�c. �i, i�=_2�-1 i�, No. 1-�, � 7, -�-2�J01
Sec. 46-89. - Same—Proposal evaluation.
The purchasing manager shall recommend award to the most responsive and responsible
offerer selected by the proposal review committee whose proposal is determined to be the
most advantageous to the county. Evaluation of offerers and/or proposals may be made in a
multi-step selection process as set forth in the policies and procedures of the office of
purchasing or in the request for proposal or request for information and shall be based upon
factors of responsibility set forth in subsection 46-84(b)(2) and upon factors of responsiveness
and quality based upon criteria set forth in the request for proposals or request for information
and any other relevant information obtained through the evaluation process. Such criteria
may include but may or may not be limited to price.
Cod: 1985 t§ 1-I4-2I (2 (o); Ord. NJ. 73-zr7, I 7-19`,'x, rd. n 2001-9,
Sec. 46-90. - Same—Award.
Notice of the intent to award shall be posted at the location set for proposal submission for a
period of two business days. The award shall be made in accordance with the provisions of
section 45-85. In the event only one responsive, responsible proposal is received, the county
may award to the sole proposer or restart or cancel as provided in subsection 46-88(3).
Amendments or changes to the contract after award shall be made in accordance with the
provisions of section 46-86.
(Code 1985, § 1-14-21 (2)(0); Ord. No. 98-47, 10-27-1998)
Sec. 46-91. - Alternative source selection—Small purchases.
Any purchase for an amount less than the mandatory bid amount may be made in
accordance with those procedures promulgated in the policies and procedures of
purchasing; provided, however, no purchase shall be artificially divided so as to constitute a
small purchase under this division.
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(Code 1985, § 1-14-21(3)(a))
Sec. 46-92. - Same—Sole source purchases.
The purchasing manager may make the purchase, under the policies and procedures of
purchasing, of goods and/or services without competitive bid when the director of the using
department has documented in writing that such good and/or service is the only item that
meets the need and is available through only one source.
(Code 1985, § 1-14-21(3)(h))
Sec. 46-93. - Same—Emergency purchases.
(a) In the event of an emergency, the chairman of the board of county commissioners, upon
receipt of a written request transmitted through the county administrator, from the director
or designee of a using department, may authorize emergency purchases which exceed
$50,000.00. Such purchases shall be exempted from the requirements of the competitive
bid or proposal process of this article.
(b) Emergency purchases of over $50,000.00 shall be reported to the board at the next
regularly scheduled meeting. The board chairman's authority shall not be delegated to
any other person except that the vice-chairman may act for the chairman in his/her
absence. Emergency purchases are subject to internal audit review.
(Code 1985, § 1-14-21 (3)(c); Ord. No. 98-47, 10-27-1998; Ord. No. 2001-60, § 4, 11-1-2001)
Sec. 46-94. - Same—Cooperative purchases.
Notwithstanding any requirements of this article, the purchasing manager may purchase
goods and/or services under contract with the federal, state, or municipal governments or any
other governmental agency or political subdivision providing the vendor extends the same
terms and conditions of the contract to the county and provided that the original contract
was established by an open, competitive procurement process.
(Code 1985, § 1-14-21 (3)(d); Ord No, 98-47, 10-27-1998)
Sec. 46-95. - Same—Direct purchases.
Notwithstanding the provisions of this article, in the event that no bids are received, and the
purchasing manager documents that no significant alterations in the specifications,
qualification, or terms and conditions can be made to encourage competition, the county
administrator may authorize the purchasing manager to make direct purchase of the goods or
services from any vendor identified as being able to meet the original bid specifications.
(Code 1985, § 1-14-21 (3)(e))
Sec. 46-96. - Same—Professional and consultant services.
(a) Estimated value equal to or in excess of mandatory bid amount. The procurement of the
services of professionals or consultants when the estimated fee is equal to or in excess of
the mandatory bid amount shall be awarded by competitive selection based upon an
evaluation of the required qualifications of the professional or consultant and the scope of
work. Evaluation and award will be made in accordance with the applicable sections of
this article and may or may not be based in whole or in part upon price. Award of
professional and consultant services shall include a contract which specifies the terms and
conditions of services as negotiated between the county and vendor.
(b) Estimated value less than the mandatory bid amount. The procurement of the services of
professionals or consultants when the estimated fee is less than the mandatory bid amount
shall be awarded in accordance with procedures promulgated for small purchases set
forth in section 46-91
(c) Waiver of requirements for competitive selection. The board may waive the requirements
for competitive selection and approve professional or consulting services upon
recommendation of the administrator.
(Code 1985, § 1-14-21 (3)(f))
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Sec. 46-97. - Same—Professional architectural, engineering, landscape architectural or land
surveying services.
(a) Services governed by F.S. § 287.055. The procurement of such professional services shall be
governed by F.S. § 287.055, and in accordance with the policies and procedures
established by the office of purchasing.
(b) Services not governed by F.S. § 287.055.
(1) Projects estimated to exceed mandatory bid amount. Services for projects, the basic
construction cost for which is estimated to be equal or to exceed the mandatory bid
amount but which is not in excess of the threshold amount set forth in F.S. § 287.055
shall be awarded by the competitive bid or proposal process set forth in sections 46-64
and 46-82 through 46-90
(2) Projects estimated to be less than mandatory bid amount. Services for construction
projects or for planning or study activities, the basic cost of which is estimated to be
less than the mandatory bid amount, shall be awarded in accordance with
procedures promulgated for small purchases set forth in section 46-91
(3) Estimated value less than mandatory bid amount. The procurement of the services of
professionals or consultants, when the estimated value is less than the mandatory bid
amount, shall be made in accordance with the policies and procedures of
purchasing.
(Code 1985, § 1-14-21 (3)(g); Ord. No. 98-47, 10-27-1998; Ord. No. 2001-9, § 9, 3-1-2001)
Sec. 46-98. - Same—Design-build services.
Design-build services shall be governed by F.S. § 287.055. The county shall award design-build
contracts by the use of a qualifications based selection process pursuant to F.S. §§
287.055(3)-287.055(5), or by use of the competitive proposal selection process set out in this
section. The procurement of competitive proposal design-build services shall be made in
accordance with the following rules and procedures:
(1) Design criteria package. The design criteria package shall be prepared and sealed
by a design criteria professional employed or retained by the county. If the county
enters into a professional services contract for the preparation of the design criteria
package, the professional shall be selected and contracted with in accordance with
the requirements of F.S. §§ 287.055(4) and 287.055(5). The professional preparing the
design criteria package shall not be eligible to render services under a design-build
contract executed pursuant to the package prepared by such professional.
(2) Selection/negotiation committee. A selection/negotiation committee, in this division
referred to as "committee," is hereby established which shall be composed of
members designated by the county administrator or purchasing manager.
(2o°de 1985. § i-14-/1 (3)(h)( i); (2); aid. No. 93-447, 10-27-1998; Ord. No. 2001-9, § 10.
1-2001; `Drd. No. 2009-18. § 4. 7-9-200C.)
Sec. 46-99. - Same—Selection.
Notice the county shall publicly advertise in a uniform and consistent manner on each
occasion when design-build services are required except in cases of valid public emergencies.
The advertisement shall include a general description of the project and shall indicate how,
and the time within which, interested design-build firms may apply for consideration.
(Code 1985, § 1-14-21(3)(h)(3))
Sec. 46-100. - Same—Qualification.
(a) Generally. Any firm or individual desiring to provide design-build services for the county
must first be determined legally qualified. Legal qualifications are:
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(1) Firms must be properly certified to engage in contracting through a certified or
registered general contractor or a certified or registered building contractor as the
qualifying agent.
(2) Firms must be properly certified to practice or to offer to practice engineering,
architecture, or landscape architecture.
(3) The firm shall be duly qualified to perform its proposed services under any other
applicable law.
The committee shall prepare and maintain a list of design-build firms qualified by training and
experience. The county may establish a procedure whereby annual statements of
qualifications and performance data shall be submitted by design-build firms to the county.
Each design-build firm included on such list shall receive an announcement of individual
projects.
(b) Solicitation. Requests for proposals shall be sent to all interested firms requesting that their
qualifications, proposed design and price be submitted at a time and place certain. The
request for proposal shall contain at a minimum the design criteria package; evaluation
criteria based on price, technical and design aspects of the project; evaluating
procedures and any other information pertinent to selection and award of the design-
build contract. The committee shall determine the evaluation criteria and the evaluation
process of each project. All proposed designs and price proposals shall be submitted in a
separate sealed envelope.
(c) Evaluation. The committee shall review all proposals and identify-no less than three firms
deemed qualified to perform the required services based on firm qualifications, availability
and past work of the firm. After short-listing, the committee shall open the envelopes
containing the proposed design and the prices. The committee shall then rank the short-
listed firms based on the evaluation criteria set forth on the request for proposal. The
committee may require oral presentations of short-listed firms.
(d) Negotiation. After ranking, the committee shall attempt to negotiate a contract within the
parameters of the design criteria package. Design-build contracts will be awarded under
the provisions of section 46-64 and other applicable provisions of this article.
(e) Regulatory or legal mandates. In the case of regulatory or legal mandates, the committee
shall be authorized to negotiate with the best qualified firm available at the time.
(f) Additional functions of design criteria professional. The design-criteria professional shall be
consulted in the evaluation process, the supervision or approval of the county of the
detailed working drawings of the project and for the evaluation of the compliance of the
project construction with its design criteria package.
(Code 1985, § 1-14-21 (3)(h)(4)—(9))
Sec. 46-101. - Protested solicitations and awards.
(a) Right to protest. After posting, any actual or prospective bidder or proposer who is
aggrieved in connection with the pending award or other element of the process leading
to the award of a contract may protest to the purchasing manager.
(b) Notice. The protest shall be submitted within two business days after posting of the award
recommendation at that location where bids or proposals are submitted. The protest must
be in writing and must identify the protester and the solicitation and shall include a factual
summary of the basis of the protest. Such protest is considered filed when it is received by
the office of purchasing.
(c) Authority to resolve. Protests filed in accordance with subsection (b) of this section will be
resolved under the provisions of this subsection.
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(1) Authority of purchasing manager. The purchasing manager shall have the authority to
review and attempt to resolve the protest informally. After reviewing the facts
surrounding the issues raised in the protest letter, the purchasing manager may make
the determination to:
a. Uphold the protest based on a violation in accordance with the provisions of this
article. Should this corrective action result in a change in the recommended
awardee, a new award posting will be accomplished in accordance with section
46-85, which posting shall again allow for filing of protests.
b. Deny the protest. If the protest is denied, the protestor has the right to request that
the protest be referred to a special master for a formal protest hearing in
accordance with step 2 of the protest procedures as established in subsection
(c)(2) of this section.
c. The purchasing manager shall promptly issue a written statement of the
determination, providing the reason for that determination, and providing copies
to the protestor and to any other intervening party.
(2) Continuation of protest by protestor.
a. If the protestor wishes to continue the protest after it has been denied by the
purchasing manager, the protestor shall be required to request that a formal
protest hearing before a special master be convened. This request shall be made
in writing to the purchasing manager within two business days of issuance of the
purchasing manager's determination. Such request shall state the particular
grounds on which it is based and may include pertinent documents and
evidence relating thereto. Any grounds not stated shall be deemed to have been
waived by the protestor. This written request to convene a formal protest hearing
must be accompanied by a protest bond of an amount equal to 1.0 percent of
the value of the solicitation, but in no case less than $500.00 nor greater than
$5,000.00. This bond shall be in cash or by a U.S. Postal Service money order,
certified cashier's or bank check payable to Escambia County. Failure to post
such bond within two business days after the purchasing manager's determination
shall result in the protest being dismissed by the purchasing manager.
b. The bond required by this section shall be conditioned upon the payment of all
costs and charges which may be adjudged against the person filing the request
for a formal protest hearing. If the person protesting the award prevails, the bond
shall be returned to the protestor; however, if, after completion of a formal protest
hearing in which the county prevails, the bond shall be forfeited, and the county
shall be entitled to recover the costs and charges, excluding attorney's fees, of
such hearing. The entire amount of the bond also shall be forfeited if the special
master determines that a protest was filed for a frivolous or improper purpose,
including, but not limited to, the purpose of harassing, causing unnecessary delay,
or causing needless cost for the county or other parties.
(3) Hearing by special master. After referral by the purchasing manager, a special master
shall hold a hearing within ten business days of the receipt of such request.
a. At or prior to the protest proceeding, the protestor may submit such additional
written or physical materials, objects, statements, affidavits, and arguments which
he deems relevant to the issues raised. In the proceeding, the protestor, its
representative, or counsel, may make an oral presentation of such evidence and
arguments, which may include direct and cross examination of witnesses. Hearsay
evidence shall be admissible in the proceeding, but shall not form the sole basis
for the decision of the special master. At any time, the special master may also
make whatever inquiries of the parties and their witnesses he deems pertinent to
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a determination of the protest. The judicial rules of evidence and procedure shall
not apply; however, the special master shall ensure that the proceeding affords
meaningful due process and fundamental fairness to the protestor at all times.
b. At the conclusion of the parties' evidence and arguments, the special master shall
announce a decision and shall prepare a written decision and recommendation
which shall be filed with the board of county commissioners within five days after
the hearing. The text of the decision shall find facts and make conclusions, which
conclusions shall be deductible from the facts as found by the special master. The
special master shall state the facts specially and thereafter state separately a
conclusion thereto. The findings of fact shall be stated in nonargumentative and
neutral terms and shall be divided into short separately numbered, declarative
paragraphs or sentences each of which may contain only one feature or point.
c. The special master's decision shall include one of the following recommendations:
1. If it is determined that the solicitation or award is in violation of law or the
policies and procedures of the office of purchasing, the special master shall
recommend that the solicitation be canceled or the award be canceled or
revised, and that the protestor's bond be returned.
2. If it is determined that the solicitation or award should be upheld, the special
master shall recommend that the purchasing manager shall be directed to
proceed with the posted award in accordance with the policies and
procedures of the office of purchasing, and that the protestor's bond shall be
forfeited. All costs and charges of the hearing shall be paid to the county
within five business days after final action of the board of county
commissioners upholding the special master's decision and recommendation.
Any costs and charges not fully discharged by the amount of the protestor's
bond shall be paid by the protestor. Failure to pay such costs and charges
within this five-business-day period shall result in the protestor being
suspended from the county's vendor list until such payment is made.
d. After filing, the special master's decision and recommendation shall then be
presented for action at the next regularly scheduled meeting of the board of
county commissioners together with a recommendation of the county
administrator relating to the disposition of the case. The matter shall be resolved
by the board on the basis of the record before the special master and no
evidence or issue which was not presented or raised at such hearing shall be
considered. Presentations to the board by parties shall be limited to 30 minutes
per side. The foregoing time limitation shall be inclusive of all speakers addressing
the board on behalf of each side. At the conclusion of such testimony, the board
shall by majority vote accept or reject the decision and recommendation of the
special master. The board may also in its sole discretion refer the matter back to
the special master for additional proceedings.
e. The determination by the board shall be the final and conclusive decision by the
county regarding a bid protest under this section. However, such determination
shall in no way be construed to limit the county's authority as otherwise may be
provided for now or in the future by this article. Any aggrieved party within 30
days of such determination by the board may bring an action in the appellate
division of the circuit court to appeal such decision.
(d) Stay of procurement during protests. Notwithstanding anything contained in this division to
the contrary, in the event of a timely protest, the purchasing manager shall stay the award
of the contract unless the county administrator, with the advice of the county attorney
and after consultation with the using department, makes a determination that the award
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of the contract without delay is necessary to protect substantial interests of the county
government.
(e) Reservation of powers by the board. Nothing in this section is intended to affect the
powers of the board to settle or resolve any protest proceeding or to settle actions
pending before the courts relating to any protest. At any phase in the procurement
process that an award, protest, or other matter concerning a solicitation is scheduled
before the Board of County Commissioners, the County Administrator, Purchasing Director
or other staff shall not take any action which would cancel or otherwise render moot any
action of the Board of County Commissioners concerning that solicitation.
(Code 1985, § 1-14-21 (4); Ord. No. 98-47, 10-27-1998; Ord. No. 2005-42, § 3, 9-1-2005; Ord.
No. 2007-64, § 1, 1 1-1-2007)
Sec. 46-102. - Suspension and debarment.
(a) Authority. As set out below, the purchasing manager, upon the approval of the county
administrator, may suspend or debar the cause the right of a vendor to be included on
the county's vendor list and any subsequent bid or proposal during the pendency of such
suspension or debarment from that vendor shall be rejected by the county; provided,
however, the board shall have the power at any time to waive, stay or lift such suspension
or debarment upon the application of the vendor as provided herein.
(b) Suspension. A vendor may be suspended based upon the following:
(1) Failure to fully comply with the conditions, specifications, or terms of a bid, proposal or
contract with the county.
(2) Commission of any misrepresentation in connection with a bid, quotation or proposal.
(3) Charged by a court of competent jurisdiction with the 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. If
charges are dismissed or the vendor is found not guilty, the suspensions shall be lifted
automatically upon written notification and proof of final court disposition provided by
the vendor to the county.
(4) Charged by a court of competent jurisdiction with the following: 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 county government contractor. If
charges are dismissed or the vendor found not guilty, the suspension shall be lifted
automatically upon written notification and proof of final court disposition provided by
the vendor to county.
(5) Vendor becomes insolvent, has proceedings in bankruptcy instituted against it or
compounds its debts or assigns over its estate or effects for payment thereof or has a
receiver or trustee appointed over its property.
(6) Commission of any act or omission to perform any act which is grounds for
debarment.
(7) Any other cause the purchasing manager determines to be so serious and compelling
as to materially and adversely affect responsibility of a business as a county
government contractor, including but not limited to suspension by another
governmental entity for substantial cause.
(8) Violation of the ethical standards set forth in local, state, or federal law.
(c) Debarment. A vendor may be debarred for the following:
(1) Repeated failure to fully comply with the conditions, specifications, drawings, or terms
of a bid, proposal or contract with the county.
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(2) Conviction by or judgment obtained in a court of competent jurisdiction for
commission of those offenses in connection with the vendor's commercial enterprise
stated in subsections (b)(3) and (b)(4) of this section. If the conviction or judgment is
reversed through the appellate process, the debarment shall be removed
immediately upon written notification and proof of final court disposition from the
vendor to the county.
(3) Conviction for the commission of any fraud or act of collusion in connection with any
sale, bid, quotation, proposal or other act incident to doing business with the county.
(d) Purpose of suspension and debarment. The county shall solicit offers from, award contracts
to, and consent to subcontracts with responsible vendors only. To effectuate this policy,
the suspension or debarment of vendors from county work may be undertaken. The serious
nature of suspension or debarment requires that such sanction be imposed only when it is
in the public interest for the county's protection, and not for purposes of punishment. Such
suspension or debarment shall be imposed in accordance with the procedures contained
in this section.
(e) Effects of suspension and debarment. Suspended or debarred vendors are excluded from
receiving contracts, and departments shall not solicit offers from, award contracts to, or
consent to subcontracts with the vendors, unless the county administrator determines that
an emergency exists justifying such action and obtains approval from the board of county
commissioners. Such vendors are also excluded from conducting business with the county
as agents, representatives, subcontractors, or partners of other vendors.
(f) Continuation of current contracts. Commencing on the effective date of Ordinance No.
98-47, all proposed county contracts shall incorporate this article and specify that
suspension or debarment may constitute grounds for termination of such contract.
(1) The suspension or debarment shall take effect in accordance with the notice
provided by the purchasing manager, except that if a department continues
contracts or subcontracts in existence at the time the vendor was suspended or
debarred, the suspension or debarment period shall commence upon the conclusion
of the contract, and in the interim, the vendor shall not enter into any county
contracts.
(2) Departments may not renew or otherwise extend the duration of current contracts or
consent to subcontracts with suspended or debarred vendors, unless the county
administrator determines that an emergency exists justifying the renewal or extension
of such contracts, and such action is approved by the board of county
commissioners.
(g) Suspension or debarment procedures. The following procedures shall be used for the
suspension or debarment of a vendor:
(1) Investigation and referral. The using department shall promptly investigate and
prepare a written report concerning a vendor's proposed suspension or debarment,
which shall be forwarded to the county administrator stating with specificity the facts
supporting such a request for the suspension or debarment.
(2) Notice of suspension or debarment. Within five business days of the receipt of a
department's request, the county administrator, after examining such reports, may
direct the purchasing manager to issue a preliminary notice of suspension or
debarment for a maximum period of up to six months. The purchasing manager shall
immediately advise the subject vendor and any specifically named affiliates, by
certified mail, return receipt requested, or personal service that:
a. Suspension or debarment has been imposed by the county administrator
effective upon the receipt of such notice;
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b. This notice contains the reasons and causes for the suspension or debarment in
terms which are sufficient to put the vendor on meaningful notice of the conduct
or transaction upon which it is based;
c. If requested within 21 calendar days after the date of the receipt of such
notification by the vendor, a hearing to contest the county administrator's
decision will be conducted before a special master at a date and time not more
than ten days after the receipt of such a request. The notice shall also advise the
vendor that it may be represented by an attorney, may present documentary
evidence, verbal testimony, and may cross-examine testimony presented against
it; and
d. Such suspension or debarment action may only be stayed after petition by the
vendor to the board of county commissioners.
(3) Finality of county administrator's decision. The preliminary suspension or debarment
notice of the county administrator shall become final and conclusive unless the
suspended or debarred vendor timely requests a hearing before a special master to
contest said notice.
(4) The special master shall be the sole trier of fact and shall ensure that the proceeding
affords meaningful due process and fundamental fairness to the vendor. In actions
based upon a conviction or judgment, or in which there is no genuine dispute over
material facts, the special master shall make a decision on the basis of all the
undisputed, material information in the administrative record, including any
undisputed, material submission made by the vendor. Where actions are based on
disputed evidence, the special master shall decide what weight to attach to
evidence of the record, judge the credibility of witnesses, and base his decision on
the preponderance of the evidence standard. The special master's decision shall be
made and shall be announced at the conclusion of the parties' arguments and
evidence.
(5) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis
for initiating a suspension or debarment procedure nor the sole basis of any
determination by the special master of the suspension or debarment of the vendor.
The hearing shall be recorded by use of a court reporter at the expense of the county.
(6) A written decision and recommendation thereafter shall be filed within five business
days with the board of county commissioners which shall include the special master's
factual findings, conclusions of law, and shall include either a recommended specific
term of suspension or debarment to be imposed by the board or a recommended
dismissal of the county administrator's preliminary notice of suspension or debarment.
(7) After filing, the special master's decision and recommendation shall then be
presented for action at the next regularly scheduled meeting of the board of county
commissioners together with a recommendation of the county administrator relating
to the disposition of the case. The matter shall be resolved by the board on the basis
of the record before the special master and no evidence or issue which was not
presented or raised at such hearing shall be considered. Presentations to the board by
parties shall be limited to 30 minutes per side. The foregoing time limitation shall be
inclusive of all speakers addressing the board on behalf of each side. At the
conclusion of such testimony, the board shall by majority vote accept or reject the
decision and recommendation of the special master. The board may also in its sole
discretion refer the matter back to the special master for additional proceedings. An
appeal of the decision of the board, which is filed within 30 days of its receipt by
vendor, shall be subject to review by the appellate division of the circuit court. A
suspended or debarred vendor also may seek a stay of the board's decision in circuit
court.
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(8) The period of suspension or debarment imposed upon a vendor shall be within the
sole discretion of the board of county commissioners. Suspension or debarment shall
be for a period commensurate with the seriousness of the cause, and, where
applicable, within the guidelines set forth below, but in no event shall such period
exceed five years.
(9) The following guidelines for such period of suspension or debarment shall apply
except where mitigating or aggravating circumstances justify deviation:
a. For commission of offenses as described in subsections (b)(1), (b)(2) and (b)(8) of
this section: six months to two years.
b. For commission of an offense as described in subsection (b)(3) of this section: six
months to one year.
c. For commission of offenses as described in subsections (b)(4), (b)(5) and (b)(6) of
this section: six months to three years.
d. For commission of an offense as described in subsection (b)(7) of this section: one
to two years.
e. For commission of an offense as described in subsection (c)(1) of this section: one
to two years.
f. For commission of an offense as described in subsection (c)(1) of this section: two
to five years.
g. For commission of an offense as described in subsection (c)(3) of this section: two
to five years.
(10) After imposition of such suspension or debarment, the board of county commissioners,
in its sole discretion, may reduce or may vacate such suspension or debarment, upon
the vendor's written request, for reasons such as:
a. Newly discovered material evidence;
b. Reversal of the conviction or civil judgment upon which the debarment was
based;
c. Bona fide change in ownership or management;
d. Elimination of other causes for which the suspension or debarment was imposed;
or
e. Other reasons the board of county commissioners deems appropriate.
(1 1) The vendor's written request shall contain the reasons for requesting a reduction in the
suspension or debarment period. The county administrator, with the assistance of the
affected department, shall have 30 days from receipt of such request to submit a
written response thereto. The decision of the board of county commissioners
regarding a request made under this subsection is final and not appealable.
(12) Scope of suspension or debarment. The following shall be scope of suspension or
debarment under this section:
a. The fraudulent, criminal, or other seriously improper conduct of any officer,
director, shareholder, partner, agent, employee, or other individual associated
with a vendor may be imputed to the vendor when the conduct occurred in
connection with the individual's performance of duties for or on behalf of the
vendor, or with the vendor's knowledge, approval, or acquiescence. The vendor's
acceptance of the benefits derived from the conduct may be evidence of such
knowledge, approval, or acquiescence.
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b. The fraudulent, criminal, or other seriously improper conduct of a vendor may be
imputed to any officer, director, shareholder, partner, employee, or other
individual associated with the vendor who participated in, knew of, or had reason
to know of the vendor's conduct.
c. The fraudulent, criminal, or other seriously improper conduct of any subcontractor
associated with a vendor may be imputed to the vendor when the conduct
occurred in connection with the subcontractor's performance of duties for or on
behalf of the vendor, and the vendor has knowledge of, approved of, or
acquiesced in this conduct. The vendor's acceptance of benefits derived from
the conduct shall be evidence of such knowledge, approval, or acquiescence.
d. The fraudulent, criminal, or other seriously improper conduct of one vendor
participating in a joint venture or similar arrangement may be imputed to other
participating vendors if the conduct occurred for or on behalf of the joint venture
or similar arrangement, or with the knowledge, approval, or acquiescence of
these vendors. Acceptance of the benefits derived from the conduct may be
evidence of such knowledge, approval, or acquiescence.
(Code 1985, § 1-14-21 (5); Ord. No. 98-47, 10-27-1998; Ord. No. 2009-18, § 5, 7-9-
2009)
Sec. 46-103. - Inspections and tests.
(a) The using department of the county shall inspect or arrange for the inspection of all
deliveries of supplies, materials, equipment or contractual services to determine
conformance with specifications set forth in the order of contract.
(b) The purchasing manager shall have the authority to require chemical and/or physical tests
or samples submitted with bids and samples of deliveries which are necessary to
determine their quality and conformance with the specifications. For such tests, the
purchasing manager has the authority to make use of laboratory facilities of an agency of
the county government or any outside laboratory. In the event the product fails such
testing, the county may require the vendor to pay the county for any expense incurred in
testing.
(Cole § 1-14- 1 (5))
Sec. 46-104. - Santa Rosa Island Authority.
For all purchases by and all work and services to be performed for the Santa Rosa Island
Authority which are subject to the provisions and bid requirements of this article, the general
manager of the Santa Rosa Island Authority shall approve bid specifications, shall fix the dates
for submitting bids and for final receipt of bids, and shall give notice, advertise, and call for
bids in accordance with this article. A standing bid review committee for the Santa Rosa Island
Authority comprised of the general manager and the treasurer of the Santa Rosa Island
Authority shall review all bids and recommend the lowest most responsible and most
responsive bidder to the Santa Rosa Island Authority. The Santa Rosa Island Authority shall
accept the bid of the lowest most responsible and most responsive bidder, unless it rejects all
bids because all offered bids are too high.
(Code 1985, § 1-14-22)
Sec. 46-105. - Preferences to state businesses.
(a) When the lowest most responsible and most responsive bid is by a bidder whose place of
business from where he bids is in a state which grants a preference for the purchase of
personal property to a person whose place of business is in such state, then a preference
may be given to the lowest most responsible and most responsive bidder having a place
of business within this state, which preference is equal to the preference granted by the
state or political subdivision thereof in which the lowest most responsible and most
responsive bidder has his place of business. However, this section shall not apply to
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projects for which federal aid funds are available. This section may be waived by the
board of county commissioners for a particular purchase, and shall not apply to purchases
exempted under section 46-44
(b) All invitations for bids shall include notice of the provision of this section and such invitation
shall require any bidder whose place of business is outside the state to accompany any
written bid document with a written opinion of an attorney at law licensed to practice law
in that foreign state, as to the preferences, if any or none, granted by the law of that state
to its business entities whose places of business are in that foreign state in the letting of any
or all public contracts. The failure of any such bidder to accompany its bid documents
with such a written opinion may result in the rejection of the bid submitted by such bidder.
(Code 1985, § 1-14-23)
Sec. 46-106. - Multi-year lease and lease purchase-agreements.
Without regard to the cost of any item, unless approved by the board of county commissioners
in a manner consistent with law, multi-year lease or lease-purchase agreements are prohibited
whether items are intended to be acquired through state bid or otherwise. This section shall not
be construed to allow the expenditure or contracting for the expenditure of unbudgeted
funds.
(Code 1985, § 1-14-24)
State law reference—Similar provisions, F.S. § 287.084.
Sec. 46-107. - Adoption of Construction Specifications Institute (CSI) Manual of Practice.
The CSI Manual of Practice is adopted by Escambia County as a standard body of guidance
for use in the development and administration of construction contracts to the degree that it
does not contravene existing federal or State of Florida laws, and local ordinances, rules, or
regulations, or contractual forms developed by the office of the county attorney. It is not
intended that the contents of the CSI Manual of Practice to be directive, but rather that its
recommendations, suggestions, and contents are be used as a focal point for increasing the
uniformity and quality of the construction practices and procedures of Escambia County.
(Ord. No. 2001-9, § 12, 3-1-2091)
Sec. 46-108. - Authorization for the use of electronic transmissions.
The use of electronic media, including acceptance of electronic signatures, is authorized
consistent with the State of Florida's applicable statutory, regulatory or other guidance for use
of such media, so long as such guidance provides for (a) appropriate security to prevent
unauthorized access to the bidding, approval, and award processes; and (b) accurate
retrieval or conversion of electronic forms of such information into a medium which permits
inspection and copying.
(Ord. No. 2001-9, § 13, 3-1-2001)
Sec. 46-109. - Competitive negotiation process; invitation to negotiate.
When it is determined by the purchasing manager that the use of competitive sealed bidding
or the competitive proposal process are impractical or inappropriate, the county may utilize
the invitation to negotiate as defined in section 46-45 as an alternative to either the
competitive bid or the competitive proposal processes pursuant to F.S. § 287.057, for the
procurement of commodities and contractual services. An invitation to negotiate shall be
made available to all vendors simultaneously and must include a statement of the
commodities or contractual services sought, the time and date for the receipt of replies and of
the public opening, and all terms and conditions applicable to the procurement, including the
criteria to be used in determining the acceptability of the reply. If renewal of the contract is
contemplated that fact must be stated in the invitation to negotiate.
(Ord. No. 2005-42, § 4, 9-1-2005)
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Sec. 46-110. - Local preference in bidding.
(a) Legislative intent. The Escambia County Board of County Commissioners finds that local
businesses are often at a disadvantage when competing with other non-local businesses
in that the cost of doing business in Escambia County is higher than other areas of the
state and giving local businesses a preference in the procurement of goods and services
serves a compelling public purpose for the benefit of the taxpayer and residents of
Escambia County as such preference encourages local industry, employment
opportunities, and increases the county's overall tax base.
(b) "Local business"defined.
Local business. For purposes of this section, "local business" shall mean a business which
meets all of the following criteria:
(1) Has had a fixed office or distribution point located in and having a street address
within Escambia County or Santa Rosa County for at least one year immediately prior
to the issuance of the request for competitive bids by the county. The fixed office or
distribution point must be staffed by at least one employee. Post office boxes are not
verifiable and shall not be used for the purpose of establishing a physical address;
(2) Holds any business license required by Escambia County or Santa Rosa County; and
(3) Is the principal offeror who is a single offeror; a business which is the prime contractor
and not a subcontractor; or a partner or joint venturer submitting an offer in
conjunction with other businesses.
(c) Certification. Any vendor claiming to be a local business as defined above shall so certify
in writing to the office of purchasing. The certification shall provide all necessary
information to meet the requirements provided herein. The purchasing agent shall not be
required to verify the accuracy of any such certifications, and shall have the sole
discretion to determine if a vendor meets the definition of a "local business."
(d) Preference in purchase of commodities and services by means of competitive bid. Except
where federal or state law, or any other funding source, mandates to the contrary,
Escambia County may give preference to local businesses in the following manner:
Competitive bid (local price match option). Each formal competitive bid solicitation (i.e.,
sealed bids) shall clearly identify how the price order of the bids received will be
evaluated and determined.
When a qualified and responsive, non-local business submits the lowest price bid amount
between $50,000.00 and $249,999.00, and the bid submitted by one or more qualified and
responsive local businesses is within five 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) offered by the
overall lowest, qualified and responsive non-local bidder.
When a qualified and responsive, non-local business submits the lowest price bid amount
between $250,000.00 and $999,999.00, and the bid submitted by one or more qualified
and responsive local businesses is within three 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) offered by
the overall lowest, qualified and responsive non-local bidder.
When a qualified and responsive, non-local business submits the lowest price bid amount
in excess of $1,000,000.00, and the bid submitted by one or more qualified and responsive
local businesses is within two 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)
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shall have the opportunity to submit an offer to match the price(s) offered by the overall
lowest, qualified and responsive non-local bidder.
In such instances, staff shall first verify whether the lowest non-local bidder and the lowest
local bidder are in fact qualified and responsive bidders. Next, the purchasing department
shall invite the lowest local bidder in writing to submit a matching offer which shall be
submitted in writing to the office of purchasing within five business days thereafter.
If the lowest local bidder does not respond or otherwise submits a written offer that does
not fully match the lowest bid from the lowest non-local bidder tendered previously then
award shall be made to the lowest overall qualified and responsive non-local bidder.
In the event a local bidder is awarded a contract pursuant to this section, any requests for
change orders increasing the cost of the project must be approved by the board of
county commissioners.
(e) Notice. All bid solicitation documents shall include notice to vendors of the local
preference policy.
(f) Waiver of the application of local preference. The application of local preference to a
particular purchase or contract for which the board of county commissioners is the
awarding authority may be waived upon approval of the board of county commissioners.
(g) Limitations.
(1) The provisions of this section shall apply only to procurements which are above the
formal bid threshold as set forth in the Escambia County Purchasing Code.
(2) The provisions of this section shall not apply where prohibited by federal or Florida law
or where prohibited under the conditions of any grant.
(3) The provisions of this section shall not apply to any purchase exempted from the
provisions of the Escambia County Purchasing Code.
(4) The provisions of this section shall not apply to contracts made under the Consultants
Competitive Negotiation Act (CCNA), F.S. § 287.055.
(h) Penalties.
(1) Misrepresentation. A vendor who misrepresents the local preference status of its firm in
a bid or proposal submitted to the county will lose the privilege to claim local
preference status for a period of up to one year from the date of the award of the
contract or upon completion of the contract whichever is greater. The county
administrator, in his discretion, may also recommend that the firm be referred for
suspension of eligibility to claim the privilege of local preference.
(2) Failure to maintain local business preference qualifications. Any vendor that does not
maintain its local preference status resulted in the awarded contract shall be in
breach of contract and will be subject to termination of the contract, suspension of
payments under the contract, and loss of the local preference status on the contract
awarded.
(3) Lack of good faith. The contractor or firm may show that it attempted through
reasonable and objective means and in good faith to comply with the terms of the
contract relating to local businesses but was unable to comply. If the county
determines that the contractor or firm did not act in good faith, all amounts paid to
the contractor or firm under the county contract intended for expenditure with the
local business shall be forfeited and recoverable by the county. In addition, the
contract may be rescinded and the county may return all or a portion of the goods
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received and recover all amounts paid under the contract for the goods which were
returned.
(Ord. No. 2013-43, § 2, 9-16-2013)
Sec. 46-111. - Small business enterprise program.
(a) Purpose and intent of section. The purpose and intent of this section is to provide the
maximum opportunity for increased participation of qualified small businesses in the
county's procurement system.
(b) Definitions.;p0; The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Commercially useful business function means adding value to the goods and services supplied
under a contract. A small business is considered to perform a commercially useful business
function when it is responsible for execution of a distinct element of work of a contract or
transaction and carrying out its responsibilities by actually performing, managing and
supervising the work performed. Businesses who merely act as a conduit do not perform a
commercially useful business function and will not be eligible for certification as a SBE. In
determining whether a business performs a commercially useful business function,
consideration will include, but not be limited to, whether the business adds a value to the
product or service provided; whether the business has a distributorship agreement with the
manufacturer of goods supplied; whether the business takes possession of the product or
service provided; whether the business warrants the product or service provided; whether the
business maintains sufficient storage space to keep the product in inventory; whether the
business maintains sufficient inventory to meet the requirements of its contracts; whether the
business provides the product or service to the public or other business other than a
governmental agency.
SBE means a small business enterprise certified by Escambia County.
(c) Scope. Unless otherwise prohibited by federal or state law, this chapter shall apply to the
solicitation of all goods, services and construction by the county which are governed by
the county purchasing code. Whenever possible, the county shall utilize a solicitation
process which encourages SBE participation even on those items which are exempted
from the requirements of the purchasing code.
(d) SBE program goals.
Annual goal: The cumulative annual SBE goal shall be up to 15 percent of the total
annual expenditures for operating and capital costs for the current fiscal year as
calculated in accordance with county SBE program policies and procedures. The
cumulative annual SBE goal may be adjusted annually by the board of county
commissioners.
(e) Certification.
(1) Requirements. For the purposes of this section, the following certification requirements
shall govern:
a. The business must currently perform a commercially useful business function;
b. The business must be a local business as defined in section 46-110
c. The business must be an independently owned and operated, for-profit entity;
d. The business may employ ten or fewer full time employees; and
e. The business may have a net worth of not more than $1,000,000.00.
(2) Application procedure. All applicants wishing to be considered as certified businesses
for the benefits of the SBE program must complete the small business self certification
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form which can be obtained through the office of purchasing. This is a self-
certification process and shall require a signed affidavit attesting to the accuracy of
the data provided on the form.
(3) The purchasing department shall accept SBEs for use by the county in its purchasing
and procurement process based upon the eligibility requirements provided herein.
The purchasing department shall maintain an up-to-date electronic list of SBEs, and
encourage the use of this list by all departments in their procurement activities.
(4) Any change of ownership or circumstances that may affect certification eligibility of
an SBE must be reported to the purchasing department within 30 days of the change
taking place. In the event of a change, the current owner is responsible for fulfilling this
reporting requirement prior to seeking business with the county.
(5) Recertification. Certified SBEs are required to submit an affidavit of their continued
eligibility as a SBE every year. If there has been a change in operation, ownership,
control, activities, domicile or gross receipts, the SBE must identify such change on
their application for recertification. A company that fails to submit its affidavit of
continued eligibility will no longer be deemed certified for purposes of participation in
the small business program.
(6) Decertification. If during any period of certification, the county has reason to believe
that the SBE was not properly certified or that there has been a substantial change of
ownership or circumstances that may affect certification eligibility then the county
administrator may conduct an investigation and decertify an SBE if the investigation
indicates that continued certification would be contrary to the county's SBE program
requirements. The county administrator shall notify the SBE by certified mail that it has
been decertified. Any business that is decertified may not be recertified for one year
from the date of decertification.
(7) Appeal of decertification. Any business that believes it was wrongfully denied
certification may submit a written request with the office of purchasing to appeal the
decertification. The appeal shall be filed within 20 days of receipt of the notice of
decertification. The request for appeal shall state with particularity the reasons why
the business believes the denial was erroneous.
(8) Hearing on appeal of decertification. If an appeal is requested, an administrative
review will be conducted by the county administrator, or designee, within 45 days of
receipt of the notice of appeal. Upon review, the county administrator, or designee
shall take one of the following actions:
a. Grant the appeal. If a determination is made that decertification was contrary to
county's SBE program requirements, the appeal shall be granted and the business
recertified;
b. Deny the appeal. If a determination is made that certification would be contrary
to the county's SBE program requirements, the appeal shall be denied and the
applicant may request that the matter be referred to a special master for further
proceedings in accordance with subsections 46-102(4)—(7); or
c. Refer the appeal to a special master. If no administrative determination is made,
the matter may be referred to a special master for further proceedings in
accordance with subsections 46-102(4)—(7).
(f) False representation.
(1) It is unlawful for any individual or entity to knowingly submit false information in order to
qualify for SBE certification.
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(2) Any contractor that falsely represents to the county that it is an SBE, or knowingly
submits false information or represents that it will use the services or commodities of an
SBE and subsequently does not, shall be deemed in breach of contract. Upon a
determination that a breach has occurred, all payments under the contract or any
other arrangement shall be immediately suspended. The contractor may show that it
attempted in good faith to comply with the terms of the contract but was unable to
comply. If the county determines that the contractor did not act in good faith, all
amounts paid to the contractor under the county contract or agreement intended for
expenditure with the SBE shall be forfeited and recoverable by the county. In addition,
the contract or agreement may be rescinded and the department or division may
return all unused goods received and recover all amounts paid under the contract.
(3) Any contractor or affiliate determined to have falsely represented that it or a
subcontractor is an SBE, or determined to have not acted in good faith to fulfill the
terms of a contract calling for it to use the services or commodities of an SBE, will be
considered under the county's suspension and debarment policy.
(g) Reservation of contracts.
(1) Unless otherwise prohibited by federal or state law, the county may reserve contracts
to be awarded only to SBEs. The county may review all of its needs and requirements
in each fiscal year and the board of county commissioners may determine which
contracts may be reserved for bidding only by SBEs. This reservation may only be used
when it is determined, before dissemination of the request for proposals or invitation to
bid, that there are capable, qualified, SBEs available who are interested and willing to
bid on these contracts in order to provide for effective competition. Once a decision
has been made to reserve a contract, the county shall estimate what it expects the
dollar amount of the contract to be based on the nature of the contract and its value
under prevailing market conditions. If all the bids received are over this estimate, the
county may reject the bids and open the bidding to all vendors and contractors.
Before contracts can be reserved for bidding only by SBEs, the board of county
commissioners must determine that such a reservation is in the best interest of the
county.
(2) Unless otherwise prohibited by federal or state law, the county may reserve any
construction contract for competitive bidding for contractors who agree to utilize SBEs
as subcontractors or subvendors. The percentage of funds which must be expended
with SBE subcontractors shall be determined by the county before the contract is
reserved. In order to bid on a construction contract so reserved, the contractor shall
identify those SBEs that will be utilized as subcontractors or subvendors. Once a
decision has been made to reserve a contract, but before bids are requested, the
county shall estimate what it expects the amount of the contract to be based on the
nature of the contract involved and its value under prevailing market conditions. If all
the bids received are over this estimate, the county may reject the bids and open the
bidding to all vendors and contractors. It is the express responsibility of the contractor
to verify that all SBEs that will be utilized as subcontractors or subvendors are currently
certified by the county.
(h) SBE preference.
(1) The county may award a bid preference on any single bid, as provided in section 46-
1 10, to a certified SBE.
(2) SBE preference does not apply to contracts that are reserved in accordance with this
section. Preferences as provided in this chapter may not be combined. Only one
preference may be awarded on any single solicitation to any certified SBE or
contractor. Any SBE bid preference awarded pursuant to this section shall take priority
over any local business bid preference that may apply to any single solicitation.
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(I) Responsiveness of bids—good faith efforts.
(1) Every competitive bid, if not submitted by a SBE, must demonstrate good faith efforts
to utilize SBEs as subcontractors or subvendors.
(2) The county may consider written documentation submitted with the bid package in
determining whether a contractor has made one or more good faith efforts including,
but not limited to:
a. Whether the contractor attended any presolicitation or prebid meeting that was
scheduled by the county to inform SBEs of contracting and subcontracting
opportunities;
b. Whether the contractor advertised in a general circulation, trade association,
and/or SBE focus media concerning the subcontracting opportunities;
c. Whether the contractor provided written notice to a reasonable number of SBEs
that their interest in the contract was being solicited in sufficient time to allow the
SBE to participate effectively;
d. Whether the contractor followed up initial solicitations of interest by contacting
SBEs to determine whether a SBE is interested;
e. Whether the contractor selected portions of the work to be performed by SBEs in
order to increase the likelihood of meeting the SBE goals of the county, including,
where possible, breaking down contracts into economically feasible units to
facilitate SBE participation;
f. Whether the contractor negotiated in good faith with interested SBEs, not
rejecting SBE as unqualified without sound reasons based on investigation of their
capabilities;
g. Whether the contractor made efforts to assist interested SBEs in obtaining
bonding, lines of credit, or insurance required by the county and/or the
contractor; and
h. Whether the contractor effectively used the services of available small business
community organizations; small business contractors' groups; local, state, and
federal business assistance offices; and other organizations that provide
assistance in the recruitment and placement of small businesses.
(3) The county may waive the good faith requirement for procurement where sub-
contracting is not applicable or in order to ensure adequate competition.
(j) SBE assistance program.
(1) The SBE assistance program is established within the office of purchasing and will
report all recommendations and activities associated with the SBE program directly to
the county administrator. This program will assist and encourage SBEs to participate in
the county solicitation process.
(2) In addition, the purchasing department, in conjunction with the county administrator,
shall:
a. Review and comment on any changes to a county policy, rule or regulation
relating to SBE procurement;
b. Receive, compile and disseminate information on procurement opportunities,
availability of SBEs and available technical assistance;
c. Refer all information on any business suspected of misrepresenting its SBE status to
the county administrator's office;
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d. Maintain a central list of certified SBEs and provide it upon request; and
e. Host, not less than annually, a workshop to assist small businesses located in
Escambia County to obtain SBE certification and to do business with the county.
(k) Implementation of policy. In order to systematically augment a viable SBE component
within the county's purchasing and procurement system, the purchasing manager shall be
delegated the following powers and duties to fulfill their responsibilities and functions:
(1) Establish and compile a system of coordinated, uniform procurement policies,
procedures, and practices supporting the SBE program.
(2) Encourage the use of SBEs in county contracting and procurement for goods, services
and construction that may be provided or performed by SBEs and strive to achieve
the stated SBE annual program goal.
(3) Manage and maintain the information system or other automated interface with the
county's finance system to record and measure the use of SBEs in county contracting.
This system shall maintain information and statistics on SBE participation, in order to
analyze the progress of the SBE program.
(4) Provide an annual written report to the county administrator detailing disbursements
made to SBEs for goods, services and construction.
(Ord. No. 2013-52, § 2, 12-5-2013; Ord. No. 2014-29, § 1, 7-24-2014)
Secs. 46-112-46-125. - Reserved.
DIVISION 4. - CONSULTANTS
FOOTNOTE(S):
Siote Low E r :1C — r ..e fc0 J,vUc emplo e s, . .S, § 1 12.31 1 et seq. consuNior is
pe . iti r-,s t;. ti act, ., § 255.087. (Back)
Sec. 46-126. - Definitions.
As used in this division, the word "consultant" means an individual who: agrees to provide
certain services under a contract with the county, works according to his own methods, is not
subject to the direction and control of the county except as to the results of the work, does not
receive a salary from the county, does not accrue annual or sick leave, frequently does the
majority of the work in his own office instead of in a county office, and does not receive
county benefits.
(Cade 1'7'35, " F'} )
Cross reference— Definitions generally, § 1-2.
Sec. 46-127. - Conflicts of interest prohibited.
No consultant under contract with the county shall engage in any employment or contractual
relationship with any entity, which employment or contractual relationship would or could be
adverse to the county or which would or could interfere with the consultant's work on behalf of
the county. Such relationship includes, but is not limited to, serving as a consulting or testifying
expert witness in litigation against the county; representing persons or entities before any
board or agency of the county; or any other contractual relationship of whatever kind or
nature in which the consultant uses his professional expertise or provides professional services in
such a manner that a different person or entity benefits at the expense of the county in a
given transaction between other person or entity in the county.
(Code 1985, § 1-9.5-2)
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Sec. 46-128. - Termination of contracts.
(a) The board of county commissioners of the county hereby expressly reserves the right to
itself to terminate immediately a contract with any consultant whom the board of county
commissioners determines to have violated section 46-127. Provided, however, that
consultants may apply to the board of county commissioners to waive compliance with
section 46-127, provided such application:
(1) Is made at least 30 days prior to the commencement of the violative contractual
relationship giving rise to the conflict of interests; and
(2) Advises the board of county commissioners, in writing, the exact nature of the work to
be performed, the entity for whom the work will be performed, and the nature of any
potentially adverse relationship between the county and such entity. Nothing in this
section shall vest in any consultant the right to have compliance with section 46-127
waived.
(b) The terms of this section shall be included in all contracts for professional consulting
services to which the county is a party. Whenever possible under the terms thereof, all
contracts existing as of the effective date of the ordinance from which this division is
derived shall be amended to include this language.
(Code 1985, § 1-9.5-3)
DIVISION 5. - REAL PROPERTY TRANSACTIONS
Sec. 46-129. - Short title.
This division will be known as and may be cited as the "Escambia County Real Property
Transactions Ordinance."
(Ord. No. 2002-31, § 1, 7-18-2002)
Sec. 46-130. - Authority and purpose.
This division is enacted under authority of F.S. ch. 125 for the purpose of establishing procedures
as provided by F.S. §§ 125.35 and 125.355 for the sale, purchase, leasing and donation of real
property by and to Escambia County when it is determined by the board of county
commissioners to be in the best interest of the county.
fo. 7-18-2002)
Sec. 46-131. - Sale of real property by private sale to adjacent property owners.
(1) The county may approve a private sale of real property when the board of county
commissioners finds:
(a) The real property is of insufficient size and shape to be issued a building permit for any
type of development to be constructed on the property; or
(b) The value of the property is $15,000 or less, as determined by the records of the
Escambia County Property Appraiser; and
(c) The size, shape, location, and value of the property would make it of use only to one
or more adjacent property owners.
(2) The county administrator or designee is authorized to negotiate the terms of the private
sale for approval by the board of county commissioners.
(3) The county administrator or designee shall send notice of the county's intent to sell the
property to adjacent property owners by certified mail, return receipt requested, giving
the adjacent property owners ten business days from the date the notice is received to
submit a letter of intent to purchase the property at the price set by the county
administrator. The purchase price must be no less than the value as shown on the tax rolls
for the property to be sold.
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(4) In the event two or more adjacent property owners notify the county administrator or
designee of their desire to purchase the property, the county administrator or designee
must notify the adjacent property owners by certified mail, return receipt requested, and
require the submission of sealed bids within 20 days of the notice, to be opened on the
24th day, or as soon thereafter as possible, by the county administrator or designee.
(5) The board of county commissioners must approve the sale of the property to the highest
bidder, or the board of county commissioners may reject all offers.
(6) All closing costs associated with the sale of the property must be paid by the purchaser,
including but not limited to a title search, title insurance, documentary tax stamp, ad
valorem taxes, recording fees, and fees for documents prepared by the county attorney's
office to complete the sale.
(OU`rd. No. 2002-31, § 1, 7-18-2002)
Sec. 46-132. - Sale of real property through real estate broker.
(1) Where the board of county commissioners determines that it is in the best interest of the
county to sell real property having a value in excess of $20,000.00 as determined by
written appraisal values or the assessed value as shown on the tax rolls for the property to
be sold, the board of county commissioners may select a real estate broker by solicitation
of requests for proposals from interested real estate brokers, pursuant to the procedures
found in section 46-81 et seq., Escambia County Code of Ordinances, where not in
conflict with the specifications in this division.
(2) The request for proposals must require, at a minimum, the following information:
(a) The name of the registered broker and current license number of that broker.
(b) The number of licensed sales people employed by the broker or the firm that is
operating under the broker's license.
(c) The number of offices maintained by the broker or the firm operating under the
broker's license.
(d) The advertising and marketing policies of the broker or the firm operating under the
broker's license, and how those policies will be applied to the marketing of the
county's property identified in the request for proposals.
(e) Proposed commission schedule.
(f) A statement that the broker has not been subject to disciplinary action by the Florida
Department of Business and Professional Regulation during the previous six months.
(3) The county administrator shall designate a selection committee to evaluate and rank the
responses to the requests for proposals.
(4) Once the selection committee ranks the responding brokers or firms, the county
administrator or designee, after approval of the committee's ranking by the board of
county commissioners, shall begin negotiations with the first-ranked real estate broker or
firm for a listing agreement consistent with the provisions in subsection (5) below. In the
event that a satisfactory agreement cannot be negotiated, the county administrator or
designee shall begin negotiations with the second-ranked broker or firm.
(5) The broker listing agreement must be approved by the board of county commissioners
and, at a minimum, provide for:
(a) An exclusive listing for a time certain.
(b) The commission to be paid.
(c) The nature of the advertising of the property.
(d) The legal description of the property.
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(e) The applicability of all disclosure laws.
(f) Such other information or provisions appropriate or standard in the real estate industry,
provided however, that any protection period is subject to negotiation.
(6) All offers received from the real estate broker must be in the form of a contract for sale
and purchase delivered to the county administrator or designee. The county administrator
shall present the contract for sale and purchase to the board of county commissioners by
including the offer on the regular agenda for the next regularly scheduled meeting for its
consideration and approval, or at a special meeting called by the chairman.
(a) If the contract for sale and purchase is approved, the chair or vice-chair will be
authorized to sign the contract for sale and purchase and all other documents
necessary to closing.
(b) If the contract for sale and purchase is rejected by the board of county
commissioners, the board of county commissioners may authorize the county
administrator or designee to continue negotiations through the broker. Any new
contract for sale and purchase must be provided to the county administrator by the
broker and the county administrator shall include the contract for sale and purchase
to the board of county commissioners on the regular agenda for the next regularly
scheduled meeting for its consideration and approval, or at a special meeting called
by the chairman.
(c) If the contract for sale and purchase is rejected by the board of county
commissioners, the broker shall be informed of the decision within five days of the
meeting. The broker will have the opportunity to provide the board of county
commissioners with other contracts for sale and purchase for the term of the listing.
(Ord. No. 2002-31, § 1, 7-18-2002; Ord. No. 2003-42, § 1, 8-21-2003)
Sec. 46-133. - Sale of real property by public auction.
(1) Where the board of county commissioners determines that it is in the best interest of the
county to sell real property having a value of $20,000.00 or more as determined by written
appraisal values or the assessed value as shown on the tax rolls for the property to be sold,
the board of county commissioners may select an auction company by solicitations of
requests for proposals from interested auction companies, pursuant to the procedures
found in section 46-81 et seq., Escambia County Code of Ordinances, where not in
conflict with the specifications in this division.
(2) The request for proposals must require, at a minimum, the following information:
(a) The name of the auction company.
(b) The number of persons employed by the auction company.
(c) The advertising and marketing policies of the auction company, and how those
policies will be applied to the marketing of the county's property identified in the
request for proposals.
(d) Proposed commission or compensation schedule.
(e) A statement that the auction company has not been subject to disciplinary action by
the Florida Department of Business and Professional Regulation during the previous six
months.
(3) The county administrator shall designate the selection committee to evaluate and rank
the response to the request for proposals.
(4) Once the selection committee ranks the responding auction companies, the county
administrator or designee, after the approval of the committee's ranking by the board of
county commissioners, shall begin negotiations with the first-ranked auction company for
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an agreement consistent with the provisions in subsection (5) below. in the event that a
satisfactory agreement cannot be negotiated, the county administrator or designee shall
begin negotiations with the second-ranked auction company.
(5) The agreement must be approved by the board of county commissioners and, at a
minimum, provide for:
(a) The time period in which the property will be marketed and auctioned.
(b) The commission or compensation to be paid.
(c) The nature of the advertising of the property.
(d) The legal description of the property.
(e) Method of qualification of potential purchasers.
(f) Minimum bid and terms of sale.
(g) The applicability of the disclosure laws.
(h) Such other information or provisions appropriate or standard in the auction industry.
(i) Provisions regarding how and when the sale proceeds will be paid to Escambia
County.
(Ord. No. 2002-31, § 1, 7-18-2002)
Sec. 46-134. - Sale of real property by bid process.
Notwithstanding other sections of this division, whenever the board of county commissioners
determines that it is in the best interest of the county to sell real property, the board may direct
the utilization of the procedures for requiring bids on the property found in F.S. § 125.35(1) and
section 46-81 et seq., Escambia County Code of Ordinances.
No. 2302-31, ,) 1, 7...18-2002)
Sec. 46-135. - Sale or lease of real property by request for proposals (RFP) process.
Whenever the board of county commissioners determines that it is in the best interest of the
county to sell or lease real property owned by the county and the use of the methods set forth
in sections 46-132 through 46-134 is not suitable or desirable, the board may direct the
utilization of the request for proposals (RFP) process in accordance with the standards and
procedures hereinafter set forth:
(a) The county administrator or designee shall first advise the board at a public meeting
that he wishes to utilize the RFP method for sale or lease of certain county property
setting forth the reasons therefore;
(b) Upon approval by the board, the county administrator or designee shall proceed to
issue the RFP, evaluate the proposals and submit a recommendation regarding such
proposals to the board of county commissioners, in accordance with the provisions set
forth in sections 46-88 through 46-90 and 46-101 of this chapter.
: .
No. 2004-37, § 1, 7-22-2004)
Sec. 46-136. - Exemptions.
The provisions of this division do not apply to the exchange of county real property pursuant to
F.S. § 125.37, or the sale of real property pursuant to F.S. § 125.38.
(Ord. No. 200)-31, 1. 7-18-20002; Ord. No. 2004-37, § 1, 7-22-`-'004
Sec. 46-137. - Lease of county property.
(1) Where the board of county commissioners determines it is in the best interest of the county
to lease real property belonging to the county, the procedures for invitation for bids found
in F.S. § 125.35(1), and section 46-81 et seq., Escambia County Code of Ordinances must
be utilized.
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(2) Notwithstanding subsection (1) above, if the prospective lessee is the United States or any
department or agency of the United States, the state or any political subdivision or
agency of the state or political subdivision, or any municipality of the state, or any
nonprofit corporation or organization organized for the purposes of promoting community
interest and welfare, then:
(a) The prospective lessee may apply to the board of county commissioners for a lease of
the real property belonging to the county.
(b) If the board of county commissioners is satisfied that the use of the property is in the
best interest of the county and the property is not needed for county purposes, the
board of county commissioners may authorize entry into a lease for rent, whether
nominal or otherwise, as the board of county commissioners may fix, regardless of the
actual value of the lease.
(c) The board of county commissioners must adopt a resolution setting forth the following:
1. The fact of the application;
2. The purpose for which the property is to be used; and
3. The rent and term of the lease.
(Ord. No. 2002-31, § 1, 7-18-2002; Ord. No. 2004-37, § 1, 7-22-2004)
Sec. 46-138. - Rezoning of county real property to be sold or leased.
Whenever the county administrator requests the sale or lease of county owned real property, if
the property is classified for governmental use, a rezoning of the property must be done
according to the following procedure:
(a) The county administrator or designee shall initiate the request with no filing fee
requirement for rezoning, the real property to be converted to private ownership
which is classified for governmental use to another zoning classification.
(b) All rezonings must be carried out pursuant to Article II of the Land Development Code.
(0;c. N D 20°2 ,, :j 1, 7-18-2002; Oi 3. No. 2002-1T7 1, 7-22-2004)
Sec. 46-139. - Acquisition of real property by the county.
(1) Prior to the acquisition of real property by the county by purchase, lease, donation, or
exchange, the county administrator or designee shall:
(a) Determine if the property is within the scope of the county's future space plan, and
determine the impact on the future space plan.
(b) Determine the costs to the county of acquiring the property, as well as the costs
related to maintaining the property, more specifically as described in this section.
(2) Procedures for acquisition of property are as follows:
(a) If the value of the property is less than $250,000.00, the county administrator or
designee shall obtain at least one appraisal from a real estate appraiser licensed by
the State of Florida. If the value of the property is $250,000.00 or more, the county
administrator or designee shall obtain at least two appraisals. However, after
obtaining the first appraisal, the board may waive the requirement for a second
appraisal and instead accept an appraisal review from a real estate appraiser that
confirms the accuracy of the initial appraisal. Any appraisal or appraisal review
required by this section shall be purchased by the county, at its sole expense, from an
appraiser retained by the county. Appraisals are not required for donations or
acquisitions where the value of the consideration paid by the county is less than
$20,000.00.
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(b) An environmental site assessment, Phase I, and Phase II if indicated by the Phase I
environmental site assessment, shall be obtained by the county, provided however,
the county administrator may waive this requirement with the written concurrence of
the neighborhood and environmental services division for reasons specifically stated.
(c) A physical inspection of the property must be completed by the facilities
management department and risk management department with the utilities turned
on, with a written report to the county administrator or designee on the HVAC,
electrical, plumbing, fire suppression systems, available utilities and communications
systems, roof, general condition of the interior and exterior of any buildings, drainage,
grounds maintenance, security, building code compliance, compliance with the
American with Disabilities Act, and any other inspections deemed appropriate by the
county administrator or designee.
(d) A survey or boundary map, as determined by the county administrator or designee,
must be obtained and reviewed by the county engineering department.
(e) The office of management and budget shall provide verification of the funding source
for the purchase or lease.
(f) The county administrator or designee shall evaluate the above reports and negotiate
a purchase or lease price with the prospective seller. The county administrator may
enter into an option contract to purchase or lease the property, subject to approval
of a contract for sale and purchase or a lease by the board of county commissioners.
The board of county commissioners will be under no obligation to exercise the option.
(g) If the negotiated purchase price of the property exceeds the average of the
appraisal(s), the board of county commissioners is required to approve the purchase
by an extraordinary vote (4/5).
(h) The county attorney's office shall prepare or review legal documents necessary to the
negotiation and purchase or lease of the property. Title insurance is required for all
purchases of $20,000.00 or more, unless the board of county commissioners
determines otherwise. Title insurance may be obtained for purchases less than
$20,000.00.
(3) Notwithstanding the provisions of this section, if the county is acquiring property by
purchase or donation, and if the property is valued at less than $20,000.00, then the
county administrator or designee shall negotiate the purchase price and terms, and may
waive compliance with all or some of the procedures described in subsection (2), with the
negotiated purchase or donation to be approved by the board of county commissioners.
(4) If the board of county commissioners determines that it is in the best interest of the county
to negotiate for the purchase of a parcel of property confidentially, the county
administrator or designee shall negotiate the proposed purchase pursuant to the terms of
F.S. § 125.35(5); provided however, the requirements of subsections (1) and (2) of this
section must be followed.
(:7);-d. No. 2002- ;1, § 1, 7-13-20O0, Ord. No, 20 Y § 1, 7-22-200/4; Drd. No. 2006-74 § 1, 9-
2;-2006: Qrd. No. 2010-21, § 1, 7-3-2010)
Secs. 46-140-46-150. - Reserved.
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ptiik
LAKE COUNTY
FLORIDA
Purchasin g Procedure
Manual
OFFICE OF PROCUREMENT
SERVICES
LAKE COUNTY PROCEDURE LC-7
Effective March 12, 2015, this manual supercedes the entirety of the Purchasing
Procedure Manual under Procedure LC-7 which had been in effect as of October 11, 2011
Revised March 12,2015
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TABLE OF CONTENTS
1. INTRODUCTION AND BASIC POLICY 1
A. Purpose of Procedure 1
B. Other Related Policy and Procedural Guidance 1
C. Applicability 2
D. Basic Policy Statements 2
E. Vendor Preference Programs/Geographic Restriction 3
2. PROCUREMENT AUTHORITY AND ORGANIZATION 3
A. Procurement Authority and Signature Authority 3
B. Definitions Related to Delegations of Authority 4
C. Delegations of Authority 4
D. Reporting Requirements 5
E. Procurement Organization 6
F. Specific Exclusions from Competitive Procurement Procedures 6
G. Contracts Prepared by the County Attorney's Office 7
3. VENDOR REGISTRATION/PROCUREMENT WEBSITE 7
4. ADVANCE ACQUISITION PLANNING FOR COMPLEX ACTIONS 8
5. MARKET RESEARCH 8
A. Purpose of Market Research 8
B. When to Conduct Market Research 9
C. Market Research Scope 9
D. Sources of Research Data 9
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6. REQUISITION 10
A. Preparing a Requisition 10
B. Commodity Code 11
C. Action by Office of Procurement Services 11
7. SPECIFICATION/ SCOPE OF WORK (SOW) CHECKLIST 11
8. SMALL PURCHASES ($1,000 OR LESS) 12
A. Use of Purchasing Cards (PCards) 12
B. Direct Pay Process for Commercial Purchases 13
C. Existing County Term and Supply Agreements 13
D. Purchase from a Sole or Limited Source of Supply 13
E. Emergency Purchases Under$1,000 14
F. Direct Purchase Records to be Maintained 14
G. Monitoring Small Purchases 14
H. Appeal and Protest Procedures 14
I. Approval and Signatory Authority for Small Purchases 14
9. PURCHASES EXCEEDING $1,000 UP TO $25,000 14
A. Purchase Methods 15
B. General Guidelines 16
C. Recommendation for Award 17
D. Appeal and Protest Procedures 17
E. Award and Signature Authority 17
F. Purchase Records to be Maintained by Department 18
10. PURCHASES EXCEEDING$25,000 18
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A. Purchase Methods 18
B. Solicitation Process 20
C. Solicitation Advertisement 21
D. Pre-Bid/Pre-Proposal Conferences 21
E. Addenda to Solicitation Documents 21
F. Receipt of Vendor Responses 22
G. Offer(Bid or Proposal) Requirements 23
H. Negotiations 24
I. Recommendation for Award 25
J. Resolution of"Tie" Situations 25
K. Debriefing Of Unsuccessful Responding Vendors 25
L Response to Public Records Request 26
M. Appeal and Protest Procedures 26
N. Approval and Signatory Authority 27
11. SPECIFIC NEGOTIATED ACQUISITION PROCEDURES 27
A. Consideration of Environmental Resource Conservation Factors 27
B. Request for Information(RFI) 28
C. Direction Regarding Contracts for CCNA Professional Services 28
D. Request for Statement of Qualifications (RSQ) 29
E. Request for Proposals (RFP) 30
F. Use of Selection Committees 30
12. REJECTION OF BIDS OR PROPOSALS 32
13. MULTIPLE AWARD AGREEMENTS/CONTRACTS 33
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A. General Conditions for Use 33
B. Competition Requirements 34
C. Exception From Selection Committee Proceedings 34
14. ACCESSING CONTRACTS FROM OTHER GOVERNMENTAL 35
AGENCIES
A. Conditions for Use 35
B. Process for Accessing Contracts from other Government Agencies 35
C. Purchase Request from User Department/Division 36
D. Authority to Award 36
15. LIMITED COMPETITION ACQUISITIONS 36
A. Policy 36
B. Definitions 37
C. Review Process 37
D. Regulatory Compliance 37
E. Approval Process 38
16. EMERGENCY PURCHASES 38
A. Definition 38
B. Process for Emergency purchases 39
C. Authority to Award Emergency Purchases 39
D. Monitoring Emergency Purchase Requests 40
17. UNAUTHORIZED PURCHASES 40
18. CONTRACT MODIFICATIONS 40
A. Definitions 40
B. Submittal to Procurement Services 41
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C. Authority to Approve Contract Modifications 41
19. MONITORING AND REPORTING VENDOR PERFORMANCE 42
A. General Guidance 42
B. Non-Performance Proceedings 43
C. Submittal of Documents to OPS 43
D. Action by OPS 43
20. BONDS AND INSURANCE 44
A. Bid/Proposal Bond or Guarantee 44
B. Performance and Payment Bond 44
C. Other Bonding Requirements 44
D. Insurance 45
E. Submittal of Insurance Certificates and/or Bonds 45
21. SPECIFIC GUIDANCE RELATING TO FTA PURCHASES 45
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1. INTRODUCTION AND BASIC POLICY
A. Purpose of Procedure
The purpose of this procedure is to provide:
- A detailed description of the procurement requirements of the County
- A guide to the related implementing procedures applicable to County departments in
general, and most specifically to the County's Procurement Services entity (hereafter
referred to as Office of Procurement Services or OPS).
This manual implements County Policy LCC-18 and shall be incorporated into County
Procedure LC-7. This document is intended to provide sufficient procedural detail to enable
County departments, other governmental entities as applicable, and the vendor community, to:
- Be fully aware of, and comply with, County procurement policy
- Effectively participate in the County's procurement program
B. Other Related Policy and Procedural Guidance
1. County Policy LCC-39 and associated Procedure LC-20, both of which are entitled
"Contract Administration" (copies maintained on the County website) address general duties and
responsibilities in regards to the County's administration and management of private sector
contracts. Specific topics covered within these documents include processing of orders under
continuing contracts, sales tax recovery program purchases, and contract renewal procedures.
2. County Policy LCC-80 and associated Procedure LC-44 address utilization of
Disadvantaged Business Enterprise (DBE) firms under public-transit related projects funded by
the U.S. Department of Transportation (DOT). It is stressed that the DBE-related guidance set
forth in Policy LCC-80 and Procedure LC-44 apply only to Florida and/or Federal DOT-funded
projects or purchases under the County's public transportation program.
3. Additional detail beyond the information contained in Section 8 of this procedure
regarding use of the County Purchasing Card (PCard) and use of the County's Direct Payment
process is set forth respectively as County Procedures LC-52 and LC-24 on the County website.
4. This manual is not intended to provide detailed descriptions of each aspect of all specific
procedures utilized by the Office of Procurement Services. Supplemental detail is set forth in
written Internal Operating Procedures established on an as-required basis, and maintained on the
County's website at the following link:
http://bccnet/procurement services/internal operating procedures.aspx
5. Federal, State or County law shall prevail over any conflicting provision contained
herein.
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C. Applicability
The policies and procedures, including stated approval thresholds, set forth in this manual apply
equally to revenue expenditure and revenue producing purchases. These policies and procedures
apply to all employees and departments falling under the jurisdiction of the County Manager that
solicit quotations, bids, or proposals from the commercial market. Purchases initiated by the
County Attorney's Office and/or entities outside the jurisdiction of the County Manager are not
governed by the policies and procedures set forth in this manual. However, essential compliance
with the basic procurement practices regarding competition and procurement methodology set
forth in this manual will be maintained when such purchases are tasked to the Office of
Procurement Services for completion.
D. Basic Policy Statements
Although additional detail is provided in following sections of this manual, the basic
procurement policies of Lake County are summarized as follows:
I. The County procurement process shall provide for equal access and opportunity to all
vendors without regard to factors unrelated to quality, cost, and availability of goods and
services, or previous vendor performance. Arbitrary action under any purchase in any regard by
any party subject to this procedure is specifically prohibited.
2. That procurement actions are conducted on the basis of full and open competition to the
greatest degree possible, with award being made to:
a. The low responsive responsible bidder under Invitations to Bid.
b. The best value proposer under Requests for Proposals that involve pricing as a
competitive selection factor.
c. The highest ranked technical proposer(s) with which a fair and reasonable price was
subsequently negotiated under solicitations that do not involve pricing as an initial
competitive selection factor.
3. That all specifications or statements of work included in County procurement actions
accurately describe the essential needs of the County, and contain no artificial or arbitrary
requirements that limit competition or increase cost.
4. That each procurement action is conducted in accordance with the best interests of the
County, and with the highest level of integrity and fairness to all involved parties throughout the
acquisition cycle.
5. That all County procurement operations be conducted in full compliance with all
established state and local statutes and regulations regarding ethical standards to be maintained
within the purchasing function.
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E. Vendor Preference Programs / Geographic Restriction and Consideration
1. In furtherance of the above policy statements, and in the absence of local disparity studies
that support a need for preferential treatment of any given socio-economic vendor group; the
County has not incorporated any Lake County-specific vendor preference programs into its
general purchasing policies or procedures. However, the County has established, under Lake
County Code, Chapter 2, Article VII, Sections 2-221 and 2-222, a process by which a local
vendor preference program used by another county will be applied in a reciprocal manner within
the County's purchasing process. Specific detail in this regard is contained in Internal Operating
Procedures maintained by the County's Procurement Services Office. It is specifically noted that
actions in this regard may not be utilized under federally-funded projects to include FTA-funded
projects or programs.
2. Specific vendor preference programs and related policy, procedure, and processes may be
used by the County when such action is dictated under a federal or state grant, or other funding
process. An example in this regard is County Policy LCC-80 and County Procedure LC-44 cited
in paragraph 1.B.2 above.
3. The specific actions listed below, and those of a similar nature, are authorized for use as
they do not constitute a formal vendor preference program:
a. When required to meet or support operational requirements, purchases may be restricted
to, or provide preference for, vendors within a stated geographic area.
b. To ensure operational responsiveness, relative proximity of a vendor to a job site(s) may
be considered as a significant evaluation factor under purchases of professional services
under the County's Request for Proposal (RFP) or Request for Statement of
Qualifications (RSQ) processes. Those processes are discussed in detail in Sections 10
and 11 of this procedure.
2. PROCUREMENT AUTHORITY AND ORGANIZATION
A. Procurement Authority and Signature Authority
1. All procurement authority for Lake County government operations derives from the County's
Board of County Commissioners (BCC). County procurement policies are either established by,
or approved by, the BCC. Certain procurement authorities of the BCC have been delegated to
the County Manager. These specific delegations are implemented by this manual. In addition,
this manual confirms various re-delegations of authority from the County Manager to OPS and
certain re-delegations of authority from the County Manager to department directors. Such
delegations and related re-delegations of authority relating to initial award of contracts or other
agreements are set forth in paragraph 2.0 below.
2. Other procurement-related delegations of authority from the BCC, and associated re-
delegations from the County Manager, such as those related to contract modifications and
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emergency, limited competition, or unauthorized purchases, are set forth in corresponding
sections of this manual as detailed in the table of contents.
3. Any contract award authority not specifically delegated in this manual, or by other
County regulation or directive, remains within the sole authority of the BCC. It is specifically
noted that the delegations stated in this section do not apply to contracts that involve the
lease or purchase of real property, or the purchase of technical services processed using
Consultant's Competitive Negotiation Act (CCNA) procedures. All such purchases,
excepting task orders under continuing CCNA contracts, require BCC approval.
4. Unless dictated otherwise by an over-riding statute, process, or other regulation; all
County contracts or agreements for the private sector purchase of goods or services may be
signed by a OPS contracting officer after all required approvals are completed.
B. Definitions Related to Delegations of Authority
1. "Contract" is used in this manual to denote any of the full range of purchasing
arrangements that may be used by the County wherein goods or services are acquired from
private sector sources by either direct award or use of a third-party contract. These processes
include, but are not limited to, bilaterally signed contracts prepared by the County Attorney's
Office, purchases wherein award is completed by OPS through issuance of a purchase order or
counter-signature of the solicitation document, or any other pricing agreements with private
sector vendors.
2. A "one time" contract refers to a single purchase of specific goods or services to be
delivered within a specified timeframe. A contract supporting a construction project, or the
purchase of multiple items on a single, or specific short-duration phased delivery, basis are
examples of purchases that fall within the context of a"one-time"contract.
3. A "term and supply" contract refers to the acquisition of goods or services on a
continuous or as-required basis within a specified contract duration period. The purchase of
scheduled or on-call services, or goods on an "as-required" long-term continuing basis, are
examples of purchases that constitute a "term and supply" contract.. Term and Supply contracts
will generally have an initial term of one or more years, and will include options to renew or
extend the contract for a total duration of up to five (5) years. Longer total terms may be
approved on a case-by-case basis by either the County Manager, or by the BCC when the County
Manager determines that approval at the level is appropriate.
C. Delegations of Authority
1. Contract award delegations of authority by the BCC to the County Manager, and any
further re-delegations of these authorities to the Office of Procurement Services, are as follows:
a. Award of any "one-time" contract having a total value of $25,000 or less. This
authority is hereby re-delegated in full to the Procurement Services Manager when award
is being made in accordance with the conditions stated in paragraph 1.D.2 of this manual.
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b. Award of any "term and supply"contract having an estimated annual value of$25,000
or less. This authority is hereby re-delegated in full to the Procurement Services
Manager when award is being made in accordance with the conditions stated in
paragraph 1.D.2 of this manual.
c. Any exercise of any option to renew under any "term and supply" contract. This
authority is hereby re-delegated in full to the Procurement Services Manager and
contracting officers subject to completion of any associated approval process that may be
required by the County Manager. However, BCC approval is required to exercise any
"next term" option under a term and supply contract that was initially awarded within the
County Manager's authority if any current year annual expenditure under the contract
exceeds $25,000.
d. Issuance of any work, task, or purchase order under any "term and supply" contract
unless otherwise directed on a case-by-case basis by the BCC. Unless otherwise
specifically directed, this authority is hereby re-delegated in full to the Procurement
Services Manager and contracting officers.
2. The County Manager hereby re-delegates to the Department Directors:
a. Authority to purchase goods or services having a one time, or an item-specific annual
aggregate, cost of $1,000 or less. Department directors may further re-delegate this
authority in writing.
b. Authority to purchase goods and services in a true emergency situation regardless of
dollar value (but subject to ratification requirements in Section 16 of this manual).
D. Reporting Requirements
1. The annual dollar value of "term and supply" contracts can vary from previous or
estimated annual values due to a wide range of factors. Therefore, until otherwise notified by the
County Manager, OPS will provide a quarterly expenditure report on such contracts to the
County Manager for further distribution as required. The report will identify all current "term
and supply" contracts that have exceeded $25,000 in value during the course of the current fiscal
year. Each report will include the actual expenditures for the current fiscal year for each such
contract.
2. When directed by the County Manager, any specific order, or class/type of order, in
excess of$25,000 under a term and supply contract shall be reported on an after-the-fact basis to
the the BCC for informational purposes.
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E. Procurement Organization
1. The Office of Procurement Services (OPS) is the centralized purchasing agency of Lake
County government. Acting under the authority of the County Manager, it is the responsibility
of OPS to issue and maintain procurement procedures and guidelines pertaining to the County's
procurement operations, and to issue formal solicitations and complete all award processes (at
the threshold levels established within this manual) on behalf of County departments. The
primary OPS goal is to ensure the County receives the goods and services it requires in a timely
and cost-effective manner while maintaining compliance with established procurement policy.
2. The primary user department for any specific purchase is ultimately responsible for the
preparation and review of any technical specifications, statement of work, or other technical
description of the goods or services to be purchased. Procurement Services will provide
appropriate assistance in this regard, especially in support of Advance Acquisition Planning as
discussed in a following section of this manual. The primary user department, either
independently or in conjunction with other departments, is also responsible for providing
technical review and evaluation of vendor responses to solicitations in the manner, time frame,
and degree specified for the specific purchase.
3. No person may make any purchase utilizing County funds unless specifically authorized to
do so by established County policy, procedure, or other directive from the County Manager or
the Board of County Commissioners. Payment for any unauthorized purchase may be the
responsibility of the person placing the order (see the "Unauthorized Purchases" section of this
manual for further detail in this regard).
F. Specific Exclusions from Competitive Procurement Procedures
Certain purchases made by the County are considered appropriate for direct payment, rather than
competitive purchase. Such actions are therefore excluded from the competitive procurement
procedures set forth in this manual. Purchases specifically authorized for non-competitive
procurement activity are as follows:
Utilities Peiiuits/Impact fees Tax and Law Service Publications
Freight Media Subscriptions Sales Tax Recovery Program Purchases
Tuition Media Advertising Utility Relocation
Postage Memberships Equipment or Asset Registrations
Books Tax Bills Special Assessment Bills
Notary Fees Miscellaneous Refunds Expert Witness
Attorney Services Special Event Sponsorship Proprietary Software Maintenance
Any other general category of exclusion specifically cited within this manual, within Section
287.057(3) (f). Florida Statutes, or specifically and appropriately approved by the County
Manager, may be excluded from the requirements of this manual. Purchases from public sector
sources are generally exempt from the procedures set forth in this manual.
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G. Purchases That Require Contracts Prepared by the County Attorney's Office
1. A formal written contract is required when the overall complexity or quantity of bid,
proposal, or quotation documents for a specific required good or service support a need for a
single focused award document; or when otherwise deemed appropriate to serve the best
interests of the County. A specific example in this regard is all contracts to be awarded under the
Consultant's Competitive Negotiation Act (CCNA). All formal written contracts are to be
prepared or approved by the County Attorney's Office in coordination with the responsible
department(s) and OPS.
2. Purchases that are processed using informal procurement procedures such as those
described in Sections 8 and 9 of this manual (ie; non-complex purchases below $25,000 in value)
do not require formal contracts in support of the purchase. In most cases, such actions are
completed by a simplified quotation process followed by issuance of a purchase order. This
constitutes an "offer and acceptance" structure that does not require a supplemental written
contract.
3. Certain formal procurement actions (ie; those over $25,000 in value) for purchases of
commodities or relatively non-complex services processed by OPS using Invitations to Bid
(ITBs) or Requests for-Proposal (RFPs) also may not require a formal written contract. For such
purchases, a fully executed ITB, or RFP form with appropriate attachments, may serve as the
written contract. OPS shall coordinate with the County Attorney's Office in this regard prior to
issuance of a formal solicitation.
3. VENDOR REGISTRATION/ PROCUREMENT WEBSITE
Vendors are strongly encouraged to register with the County in order to receive automated
procurement notifications from the County. This registration process can be completed on-line at
the County's website (www.lakecountyfl.gov/) by following the "most requested" link entitled
"Doing business with Lake County". The full address for the registration webpage is:
http://www.lakecountyfl.2ov/departments/fi scal and administrative services/procurement servi
ces/doing, business in/
Formal registration, and periodic review to maintain accuracy of vendor information, will help
ensure that the vendor receives automated notifications of County solicitations falling within the
vendor's selected commodity areas and any addenda to such solicitations. The County also uses
its registered vendor listing to forward information about matters of general concern or interest to
the vendor community.
Any vendor, whether registered with the County or not, can review the County's procurement
website for existing contract information and other data useful to participation in the County's
procurement program.
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4. ADVANCE ACQUISITION PLANNING FOR COMPLEX ACTIONS
The Office of Procurement Services, in collaboration with County departments, procures a wide
range of supplies and services for the on-going and future operations of the County.
Complicated procurements can often be processed more effectively through the procurement
cycle if advance coordination with OPS is initiated by the user department at the time a specifc
requirement is being identified and defined. Advance acquisition planning is especially valuable
in support of high value or high visibility procurements. Advance acquisition planning involves
OPS and a user department working together to prepare and review draft specifications or
statements of work to ensure that operational requirements are clearly defined and stated. The
planning effort also includes coordinated market research and analysis to determine sources of
supply and available solutions in the market place.
It is often the case that procurement actions are delayed due to circumstances such as conflicting
or unanticipated workloads, repetitive after-the-fact revision of specifications or solicitation
provisions, or unforeseen competition or business utilization issues. The best way to minimize
such delays is to identify and resolve such concerns during the initial planning phases for a
specific purchase. Advanced planning usually results in more accurate budgetary projections,
timely procurement of goods and services, consideration of multiple products or solutions, and
enhanced competition. It serves the best interests of the County for OPS and the department to
work together at the earliest practical point in the acquisition cycle.
5. MARKET RESEARCH
Market research is conducted to ensure that specifications are suitable for fair and open
competition, and to identify potential sources for a specific operational requirement. The user
department is primarily responsible for conducting market research focused on technical factors
and the initial identification of potential sources of supply. OPS is primarily responsible for
market research intended to examine contractual sourcing issues. Market research is a basic
contributing factor in the development of an effective solicitation and successful contract.
A. Purpose of Market Research
The primary purpose of market research in public procurement is to determine the availability of
sources of supply, or if limited competition is identified, alternative solutions that will meet
essential requirements. Market research should always begin with the intent to satisfy a
legitimate County requirement or need. The need should be stated in tern's of performance or
functionality whenever practical. This of course means that the minimum requirements must be
clearly understood and defined before market research can begin. Once the need has been
established, market research must be conducted in order to determine the capability of the
marketplace to meet the needs of the County.
Market research includes identifying the features of existing products, processes or services that
meet essential requirements, or identifying performance characteristics that could be realized by
use of new, emerging, or alternate sourcing. Effective market research should provide adequate
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information regarding existing products or services, qualified sources, industry trends, pricing,
and what other entities are doing to meet the same or similar requirements. Failure to conduct
thorough market research may result in requests for sole source or bid waiver purchases that
cannot be adequately justified.
It is extremely important that the integrity of the procurement process be sustained at the highest
standards and that suppliers are given a fair opportunity to compete for County business. Market
research contributes to this goal by helping to ensure that specifications or other work statements
are not arbitrarily restrictive in nature, or favor any one vendor.
One of the most important elements of market research is the review of goods and services that
may be required by multiple purchasing municipalities or other entities within the County or
region. Consolidated purchasing action, generally referred to as "strategic sourcing", can often
result in pricing based on economy of scale, and realization of socio-economic needs within a
supported area.
B. When to Conduct Market Research
Some degree of market research should be completed in support of any purchase. For routine
procurements, market research should be conducted by the user department to the extent
necessary to identify a minimum of three different viable sources for the required goods or
services. Market research for complex actions may involve more detailed effort to be performed
in a coordinated manner by the user department and OPS. The scope of such effort may include
determining if existing products or services are available to meet requirements, determining if
existing products or services can be modified to meet requirements, and identifying potential
sources for these goods or services.
C. Market Research Scope
Research should include, whenever practical:
- Industry trends and customary terms and conditions
- Capable and available sources of supply
- General pricing information and availability of product(s)
- Competitive factors such as quality,product features, and typical lead time
- Commercial practices, other government entity practices, and industry support
capabilities and practices
- Environmental issues such as use of recycled components or materials, recovery/
disposal concerns, and relative energy efficiency
- Consideration of all appropriate full life cycle costs
D. Sources of Research Data
There are a variety of sources for information. Such research sources include:
- Subject matter experts within the County, other governments or private industry
- Publications and trade journals from industry
- Marketing organization, professional associations and tradeshows
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- NIGP website (www.NIGP.org)
- Various current search engines such as, but not limited to, Google (www.google.com)
and Yahoo (www.yahoo.com). Various such sites are included under the "links"tab on
the County intranet site.
6. REQUISITION
Unless excepted by other County procedure, a requisition shall be submitted to OPS when there
is a need for goods and/or services that exceed the established small purchase dollar limitation
stated in Section 8 of this manual. The requisition must include a sufficiently detailed
description of the goods or services to be procured. User department personnel should evaluate
the need for goods and services, determine expected usage, and plan their purchases to
effectively meet program and operational demands.
A. Preparing a Requisition
1. Before submitting a requisition, the user department/division must ensure that:
- The stated requirements are valid and essential
- The estimated total dollar value of procurement is identified
- Funds citing the correct accounting structure are available to cover the purchase
- Sufficient data is available to determine the best method to secure the purchase
- Adequate specifications are available
2. The County has implemented an automated financial system for the requisition
preparation and approval process. Training and User manuals for the requisition processing
aspect of the financial system are available on-line or can be provided upon request by OPS.
3. For purchases based on written quotations obtained by the user department (as described
in Section 9 of this manual), the electronic receipt by OPS of a completed requisition will initate
the balance of the purchasing process. If there is any change required to the vendor
identification, good or service description, or pricing set forth in the original requisition, OPS
will reject the requisition back to the originating department for revision and re-submission.
4. For purchases involving informal or formal competitive action by OPS:
a. The user department may submit an electronic requisition showing the estimated cost
for the purchase and providing any recommended sources and an adequate scope of work
(see Section 7 below). This initial requisition will be rejected back to the department for
inclusion of specific pricing and vendor information if required by the results of the
competitive process, or if any revision/correction of the accounting code is required.
b. As an alternative, the user department may initially submit a hard copy memo in lieu
of a requisition. The memo shall contain all information required to proceed with
competitive action to include an adequate scope of work (see Section 7 below), an
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estimated price, and a written confirmation from the department director that funding is
available to support the purchase. The appropriate fund accounting code must also be
included in the memo. When the competitive process has been completed, the user
department will then submit an electronic requisition based on the actual contract award
information.
B. Commodity Code
All requisitions must state the appropriate commodity code(s) for the purchase. A commodity
code list is maintained within the financial system. This list also identifies the specific
procurement representative for each commodity to support advance coordination between the
user depai tuient and OPS. This commodity list is identical to the list used in the procurement
website for vendor registration and solicitation notification.
C. Action by Office of Procurement Services
Unless already completed on an advance coordination basis, OPS will review the supporting
documentation for each purchase upon receipt to determine whether the required goods and/or
services should be solicited through an Invitation to Bid (ITB), a Request for Proposals (RFP),
Request for Quotation (RFQ), or an alternative method, consistent with the best interest of the
County and the requirements of related Federal, State, or local law or ordinance.
7. SPECIFICATION/ SCOPE OF WORK (SOW) CHECKLIST
Although Procurement Services will assist upon request, preparation of work descriptions such
as scopes of work or specifications is primarily the responsibility of user departments. A
specification and/or scope of work should state specific requirements in terms of function,
performance or design. The use of general performance standards or a specific and detailed
scope of work to describe the good or service to be provided is to be based on the department's
true functional requirements. Performance-based specifications or work statements that focus on
desired performance or results may be considered preferable to the use of specifications that
focus on specific product or service details. The following checklist can be used to determine
the adequacy of a proposed specification or statement of work:
- Does the specification/ scope of work describe the needs of the County in teiiiis of
essential function or performance required?
- Does the specification/ scope of work indicate the end usage or expected results?
- Is the specification/scope of work clear and understandable?
-. Does it encourage competition by considering multiple sources of supply?
- Are standard specifications available?
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- Are there any unusual conditions to be considered?
- Are there specific requirements associated with grant funding supporting the purchase?
See Section 21 for specific review requirements associated with FTA-funded urchases..
- Do the specifications support participation by multiple vendors?
- If a specific brand and model is referenced, does the scope of work include the term "or
approved equal"? If not, is there sufficient documented rationale supporting the use of
the specific product?
Liquidated damages may be included as a performance-oriented requirement within a
specification when failure to provide goods or services, or to complete a project, within a
specified time farme will cause damage to the County. Liquidated damages shall not be punitive
in nature. The stated liquidated damage value should reflect the actual damage or additional cost
incurred by the County on direct account of the delay. A contract-specific flat rate may be stated
within a given contract to avoid the need to assess damage on an individual case-by-case basis,
but must reflect a reasonable estimated cost associated with the incurred delay. For FTA-funded
projects, the rate and measurement standards must be calculated to reasonably reflect the
recipient's costs should the standards not be met, and must be specified in the solicitation and
contract. Any liquidated damages recovered must be credited to the project account involved
unless FTA permits otherwise.
A clear, concise, and accurate statement of work that is devoid of elements proprietary or unique
to a single vendor is the most important single contributor to an effective competitive
procurement action. User departments are encouraged to exert their best efforts in this regard.
Special Note: Any requirement that involves information technology concerns, to include GIS or
mapping considerations, should be coordinated in advance with the Department of Information
Technology.
8. SMALL PURCHASES ($1,000 OR LESS)
Purchases within this dollar value are completed by the user departments. It is the responsibility
of department directors to ensure that all small purchase actions (the purchase of identical goods
or services having a one-time or total annual dollar value of$1,000 or less) completed by their
department comply with the procedures set forth in this manual, and all other relevant County
legislation and policy. Evidence of competition is encouraged, but not required, for all small
purchases whether completed by Purchasing Card or direct purchase procedures.
A. Use of Purchasing Cards (PCards)
1. The purchasing card program is the County's primary method of purchasing and paying
for essential goods and services falling within the small purchase definition. The PCard program
allows for such purchases to be processed without utilizing the County's purchase order or direct
purchase procedures. This procedure should be used whenever the purchase falls within the
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financial and procedural limits expressed in the PCard manual, and a vendor has the capability to
accept the County purchasing card as a form of payment. PCards shall be used for acquisitions
by duly authorized County personnel in strict accordance with the detailed directions set forth in
the County's PCard manual (copy maintained on the County and the OPS website).
2. As certain designated PCard holders are delegated individual transaction limits in excess
of $1,000, it is specifically noted that any open-market (ie; not a purchase under an existing
contract) PCard transaction in excess of$1,000 must include evidence of competition.
3. The County has implemented use of the PCard and its associated infrastructure as a
payment tool for certain transactions. The intent is to streamline the payment process, and to
maximize rebate revenue associated with use of the PCard structure. The PCard infrastructure
may be considered as an alternate pay process for purchases of items and services listed in
Section 2.F of this procedure expenditures regardless of dollar value. Further detail in these
regards is contained in the County's PCard Procedure.
B. Use of the County's Direct Pay Process for Commercial Purchases
Direct purchases within the small purchase limitation are initiated by County user departments
when there is a need for goods or services that are not available from any other County source,
and when the PCard procedure is not practicable for the purchase. Direct pay procedures should
be limited to goods and services not available under an existing County contract.
Direct purchases/payments of commercial goods or services up to $1,000 may be initiated by the
County user department. As with any commercial purchase within the small purchase limitation,
competition is encouraged, but not required, for such purchases.
Repetitive direct payment purchases of identical goods and/or services from single or multiple
sources that in aggregate exceed $1,000 in a given fiscal year shall be cause for the primary
ordering department to initiate a more formal purchasing process for the specific good or service.
C. Accessing an Existing County Term and Supply Agreement
Unless circumstances dictate otherwise, a user department shall access an existing County term
and supply agreement that provides for a needed good or service rather than generate a separate
small purchase for the needed good or service. Allocated funds, blanket purchase order (BPO),
or other access to an existing County term and supply agreement may be used for such purchase
of goods and/or services.
D. Purchase from a Sole or Limited Source of Supply under Small Purchase Procedures
As competition is encouraged but not mandated for purchases within the small purchase
limitation, the procedures set forth within Section 15 of this Manual (Limited Competition
Acquisition) do not apply to such purchases.
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E. Emergency Purchases Under $1,000
As competition is encouraged but not mandated for purchases within the small purchase
limitation, emergency purchases under $1,000 do not need to be processed in the manner noted
within the "Emergency Purchases" section of this manual.
F. Direct Purchase Records for Small Purchases to be Maintained by User Department
The user department shall maintain its direct purchase records (preferably in a centralized
location for the department as a whole) in an orderly manner and readily available for auditing
purposes at all times. A file that includes all pertinent information supporting each direct small
purchase shall be maintained for each transaction for a period of three (3) years. It is noted that
the PCard infrastructure provides for the required mainteance of records via electronic media.
G. Monitoring Small Purchases
Department directors, or designees, shall monitor small purchases to ensure County compliance
with established procedures and vendor compliance with the specific requirements of the order.
OPS may monitor small purchases to consolidate commonly used products/services into annual
County contracts, and to evaluate general compliance with these guidelines. In cases where it is
determined that the small purchase process is abused, the user department's authority to process
small purchases may be revoked by the County Manager until such time evidence of corrective
action is established.
H. Appeal and Protest Procedures
There is no formal appeal or protest process for procurement actions falling within the dollar
thresholds of this section.
I. Approval and Signatory Authority for Small Purchases
The user department director, or designee shall have the approval and signatory authority to
award small purchases on a direct purchase or PCard process as specified above, and within the
specific procedures that directly pertain to PCard and Direct Pay activities. This authority also
applies to contracting officers within the Office of Procurement Services.
9. PURCHASES EXCEEDING $1,000 UP TO AND INCLUDING $25,000
Each "one-time" or "term and supply" purchase (as defined in Section 2.B.2 and 2.B.3 of this
procedure) exceeding $1,000 up to and including $25,000 shall be competitively processed in
accordance with the procedures detailed in this section. These procedures as a whole comprise
the County's "Informal Purchase Procedures". Price or rate quotations for goods or services
acquired using these specified informal purchase procedures must be obtained from an adequate
number of qualified sources.
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Awards within the dollar value of this section will be primarily based on lowest price. There
may be situations where a user department may believe that a given purchase falling within the
dollar value of this guideline section would be better satisfied using best value or qualitative
award criteria rather than simply upon lowest price. In such cases, department personnel will
coordinate with Procurement Services. If it is agreed that a best value or other qualitative
method of acquisition is appropriate, then Procurement Services will conduct a competitive
action consistent with the requirements of this manual, and responsive to the specific
requirements of the individual purchase.
User departments shall submit a requisition to Procurement Services as detailed in Section 6 of
this manual. The department shall also provide specifications and/or a scope of work, and any
other supporting documentation. Upon receipt of the requisition, unless determined earlier in
conjunction with Advance Acquisition Planning proceedings, OPS will coordinate as required
with the user department to determine the most appropriate purchase process to use for the
specific purchase.
A. Purchase Methods
1. Use of County PCard
Contracting officers assigned to OPS may complete purchases falling within the parameters of
this Section using the County PCard. It is further noted that certain departmental PCard holders
have been specifically authorized to complete single transaction purchases falling within the
parameters of this Section. Unless specifically exempted, all such purchases are to be completed
on a competitive basis and documented as such. County procedure governing use of the PCard is
contained within the County's PCard Manual (Procedure LC-52).
2. Issuance of a purchase order by OPS based on written quotations obtained by the department.
This procedure may be used when relatively non-complex goods or services are to be procured
on a "one-time" basis in a total value not to exceed $25,000. Although any process resulting in
adequate competition is acceptable, the primary process for solicitation of informal quotations is
the County's Automated Request for Quotation (RFQ) system described in further detail in this
section. In addition, the Automated RFQ process may be used with prior OPS approval by
specifically designated departmental personnel to support non-complex commodity purchases in
excess of$25,000 as described in the following section of this manual. Use and operation of the
County's Automated RFQ System is described in a separate Internal Operating Procedure
maintained on the County website. User departments are urged to coordinate in advance with
OPS if there is any issue or complication associated with a specific requirement. If the specific
requirement is other than a one-time purchase of non-complex goods or services, OPS will
utilize one of the alternate processes discussed below.
The Automated RFQ System may be used to secure specific quotations under County tern' and
supply contracts incorporated in the Automated RFQ system in excess of $25,000. Any such
quotation/purchase in excess of $100,000 will need to be coordinated in advance with the
procurement office.
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To maintain the integrity of of the bidding/quoting process, all responses received under the
AutoRFQ system, or any other bidding process, should be retained by the receiving party without
further distribution until the due date and time stated in the RFQ.
3. Issuance of a Request for Quotation (RFQ) by Procurement Services.
The RFQ procedure involves simplified documents and processes in comparison to the formal
contracting process. This procedure may be used by OPS personnel within the dollar value of
this section when a department has requested such action due to special terms and conditions
required by the transaction. Use of the County's Automated RFQ System with associated
posting of the RFQ on the OPS web-site, and notification provided to all registered vendors for
the specific commodity, is generally required, but may be waived by the Procurement Services
Director when such action is necessary to serve the best interests of the County.
4. Use of Invitation to Bid (ITB), Request for Proposal (RFP) or Request for Statement of
Qualification (RSQ)procedures.
These types of formal solicitations shall be used to support purchases within the dollar range of
this section when complex goods or services are to be procured, or when complex terms and
conditions are involved with the purchase. As an example, most term and supply contracts, and
most construction contracts, regardless of dollar value should be processed using the formal
contracting procedures described in Section 10 of this manual. This is because term and supply
contracts generally involve special clauses and provisions that govern the duration of contract,
the availability and exercise of any options to renew, estimated quantities, and price adjustment
procedures, and because construction contracts generally involve complicated perfoiuiance and
safety-related terms and conditions.
5. Use of existing agreements or contracts.
Purchases within the dollar range of this section may be satisfied by utilization of an existing
County term and supply agreement, or other governmental agency contract, as detailed in
Section 14 of this Manual (Accessing Contracts from Government Agencies).
B. General Guidelines
1. Notice to Incumbent Vendor: County staff should ensure that any vendor perfouuiing
successfully under a County contract should be notified of any re-solicitation of that contract.
2. Response Media: Fax and e-mail responses are permitted only for vendor responses to
informal requests for quotations.
3. Timeliness: All vendor responses shall be received by the time and date stated in the
solicitation document to be considered timely and eligible for award. When an ITB, RFP, or
RSQ process is being used, vendors shall be contacted if their response is not submitted in a
timely manner, and given the choice of return of their response at their expense, or destruction of
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the response by Procurement Services. OPS will retain evidence of the late submission of the
response, and the time and manner of disposition of the late response, within the solicitation
files. Any vendor appeal in writing in this regard shall be addressed to the designated
procurement representative for the purchase, and fully coordinated with the County Attorney's
Office. It may be assumed that acceptance of a late response will be an extremely exceptional
event based on current case law and precedent.
4. Purchases Under CCNA: Specific direction regarding purchases of professional services
under Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act (CCNA), are
provided in Section 11 of this procedure.
5. Restricted Discussions: Discussion of any aspect of any solicitation from the date of
issuance until the time of award between any vendor with any potential interest in the solicitation
and any employee or consultant employed by the County Manager is prohibited except as
expressly authorized by the designated representative for the purchase. The only communications
that shall be considered pertinent to a solicitation are the written documents between the
designated representative for the purchase and the vendor(s) being solicited under the purchase.
C. Recommendation for Award
Recommendation for award within the dollar range of this section shall be made to the lowest
priced responsive and responsible vendor(s), except when a qualitative evaluation process has
been selected and processed. In that event, award will be made to the vendor that submitted the
proposal considered to provide the best value to the County. In the event that any competitive
process within the financial limits of this section results in a tie situation, the tie will be resolved
by award to the vendor having a permanent business facility within Lake County. If neither or
all of the "tied" vendors have such a facility, award will be made to the vendor having an
established Drug Free Workplace Program. If this does not clearly resolve the tie, a publicly
announced drawing will be conducted by the Procurement Services Director with representation
from the user department, the County Attorney office, and any other interested party.
D. Appeal and Protest Procedures
There is no formal protest process for procurement actions falling within the dollar thresholds of
this section.
E. Award and Signature Authority for Purchases Exceeding $1,000 up to and including
$25,000
Except as otherwise noted for professional services and acquisition of real property, the
Procurement Services Manager has the authority to approve and sign awards within the dollar
limitation stated in this section. This authority is hereby re-delegated in full to OPS contracting
officers when award is being made in accordance with the conditions expressed in section 1.D.2
of this procedure. OPS shall notify the successful vendor(s) of the award through the issuance of
a purchase order or contract.
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F. Purchase Records to be Maintained by User Department
The user department shall maintain complete records of purchases completed by the department
(with the exception of purchase order issuance) within the dollar value of this section, preferably
in a centralized location for the department as a whole. These records shall be maintained in an
orderly manner and readily available for auditing purposes at all times. A file that includes all
pertinent information supporting each such purchase shall be maintained for each transaction for
the period specified by regulation.
10. PURCHASES EXCEEDING $25,000
Each "one-time" or "term and supply" purchase (as defined in Section 2.B.2 and 2.B.3 of this
procedure) exceeding $25,000 shall be processed in accordance with the procedures detailed in
this section which as a whole comprise the County's "Formal Purchasing Procedures". County
departments shall submit a requisition to OPS as detailed in Section 6 of this manual. The
department shall also provide specifications and/or a scope of work, and any other supporting
documentation. Upon receipt of the requisition, unless determined earlier in conjunction with
Advance Acquisition Planning proceedings, OPS will coordinate as required with the user
department to determine the most appropriate purchase process to use for the specific purchase.
Pricing for goods or services acquired using these specified purchase procedures must be
obtained from an adequate number of qualified sources.
Note: Additional information and direction specific to certain specialized aspects of the RFP and
RSQ processes are contained in the following section of this manual.
A. Purchase Methods
1. Request for Quotation (RFQ)
The RFQ procedure is an expedited solicitation process where simplified documents and
processes are used. Most purchases falling within the dollar value of this section should be
processed following the formal solicitation procedures described below. However, with the prior
approval of the Procurement Manager and/or the County Attorney's Office, the RFQ process
may be used on a designated case or class basis by OPS personnel, or specifically delegated
departmental personnel, for non-complex commodity purchases exceeding the dollar value of the
previous section. Use of the County's Automated RFQ System and associated posting of the
RFQ on the OPS website with notification provided to all registered vendors for the specific
commodity is generally required. This requirement may be waived by the Procurement Services
Manager when such action is necessary to serve the best interests of the County.
2. Invitation to Bid (ITB)
The ITB procedure involves full and open competition based on clear and complete
specifications contained within the ITB, with award to be made to the lowest priced responsive
responsible bidder. The ITB process will generally result in a firm fixed price structure, and as
award will generally be based on prices submitted within a firm specification, discussions after
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bid opening will generally not be required. The ITB process requires full compliance of vendors
to the requirements of the solicitation, with no exception to, or deviation from, the technical or
contractual requirements set forth in the ITB. Determination of "responsibility" (the overall
capability of the vendor to perform the effort) shall be performed with full due diligence by all
County personnel impacted by the award recommendation. This evaluation shall include, but not
be limited to, consideration of all evidence of adequate technical resources, performance history,
and financial stability demonstrated by the vendor.
3. Request for Proposal (RFP)
The RFP procedure is used when specifications are not sufficiently detailed to support the
Invitation to Bid process, or when an additional level of flexibility in the award process is
considered necessary to ensure completion of a "best value" award. This process generally
involves descriptive technical proposals being provided by vendors in response to a general work
description included in the RFP. Award under an RFP is generally based on qualifications,
experience, or quality of the required goods or services in addition to relative price. In some
cases, price will be a determining award factor (ie, a RFP involving a pass/fail technical
evaluation with price determining the award). In other cases, price will be one of several award
factors, but not the determining award factor (ie, a RFP where price is weighted below other
award factors either singularly or in the aggregate). The RFP procedure allows for vendor input
and/or negotiation during the evaluation phase of the acquisition cycle, use of a "best and final
offer" process when any technical or financial concern requiring further resolution is identified
during the evaluation process, and award based on"best value" evaluation.
The specific evaluation factors applicable to a given purchase must be clearly described within
the RFP document (a listing of evaluation factors in descending order of importance is a
preferred manner of doing so), and adhered to during the evaluation process. When pricing is
provided and considered in the initial evaluation process under an RFP, informal review of
vendor responses will be completed by departmental personnel impacted by the award
recommendation in coordination with the Procurement Services contracting officer. Evaluation
comments and recommendations for award will be rendered in the form of qualitative statements
recorded within a written summary prepared by the assigned procurement representative. Other
procedures may be used on a case-by-case basis as allowed by statute, ordinance, or regulation.
4. Request for Statements of Qualifications (RSQ)
The RSQ procedure is used for the purchase of specialized technical or professional services.
The RSQ process involves descriptive technical proposals being provided by vendors in response
to a general work description included in the RSQ. Award is to be based on qualifications,
experience, or perceived quality of the services associated with responding vendors. Price is not
considered in the initial award evaluation. For that reason, formal Selection Committees as
described in Section 11 of this manual are used to evaluate vendor responses to RSQs. Selection
Committee comments and recommendations for award will generally be rendered in the form of
qualitative statements recorded within a written summary generally prepared by the assigned
OPS contracting officer. This process is used primarily for actions falling within the governance
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of the Consultants Competitive Negotiations Act (CCNA). The RFP procedure format with
evaluation by formal Selection Committees may also be used for non-CCNA actions with price
excluded from the initial award consideration.
5. Use of existing agreements or contracts
The requirement may be satisfied by utilization of an existing County term and supply
agreements or other governmental agency contract. Section 14 of this manual (Accessing
Contracts from Government Agencies) provides further direction in this regard. The County's
Automated RFQ System may be used by OPS or user department personnel to secure quotations
under the County term and supply contracts incorporated into the automated system regardless of
the dollar value of the specific purchase.
B. Solicitation Process
1. Role of the Office of Procurement Services (OPS)
OPS shall solicit sealed written bids (for the ITB process), proposals (for the RFP and RSQ
process), or quotations (for the RFQ) process from vendors for the good(s) and/or service(s) to
be purchased. Solicitations shall be prepared using the current standard forms, terms, and
conditions established by OPS, amended as needed to suit any specific conditions asociated with
the purchase. The solicitation issuance process shall be conducted in accordance with OPS
internal policies and procedures, all related County ordinances and directives, applicable State
Statute, and any Federal directives that may be associated with an individual purchase. Unless
exempted as discussed in paragraph C below, all formal solicitations will be posted on the
procurement website with appropriate notices (either electronic or via mail) provided to all
vendors registered for the commodity being procured. All addenda will also be posted on the
procurement website.
2. Role of Departments
User departments must be involved in the preparation of solicitations to ensure that specific
project or product requirements are adequately addressed. User departments will also be
involved after solicitation issuance in the conducting of pre-bid (or pre-proposal) conferences,
and the preparation of any requisite solicitation addenda.
3. Restricted Discussions
Discussion of any aspect of any solicitation from the date of issuance until the time of award
between any vendor with any potential interest in the solicitation and any employee or consultant
employed by the County Manager is prohibited except as expressly authorized by the designated
representative for the purchase. The only communications that shall be considered pertinent to a
solicitation are the written documents between the designated representative for the purchase and
the vendor(s) being solicited under the purchase.
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C. Solicitation Advertisement
Procurement Services shall provide for public notice and/or advertisement for all solicitations
falling within the dollar limitations of this section in accordance with its internal policies and
procedures, all related County directives and ordinances, and any additional requirements
associated with federally-funded purchases. County or state-funded construction bids shall be
advertised as required by applicable state statute. Posting of all written solicitations on the
County's procurement web-page is mandatory unless specifically exempted on a class or
individual basis by the Procurement Services Manager. Such exemption shall be applied when
required to support the best interest of the County, and shall be applied in conformance with any
applicable Florida State Statutes.
Additional sources identified through market research by Procurement Services or a department
may be directly notified of the procurement action.
D. Pre-Bid/Pre-Proposal Conferences
A pre-bid or pre-proposal conference may be scheduled under any solicitation when it is deemed
advisable to allow vendors to consult with OPS staff and user department(s) to help ensure full
mutual understanding of the terms, conditions, and requirements of the solicitation, and, if
applicable, to view the site where the work is to be completed. This conference shall be
scheduled roughly in the middle of the solicitation period to allow enough time for vendors to
prepare for the conference, and to consider the information provided during the course of the
conference.
To encourage maximum competition, attendance of these conferences by vendors is preferred,
and generally stated, to be optional. However, vendor attendance at such conferences may be
made mandatory on an exceptional basis dependent upon the specific requirements of the
procurement. Procurement Services is authorized, in consultation with the user department, to
determine if vendor attendance of a pre-bid or pre-proposal conference is mandatory or optional.
The general policy regarding restricted discussions between County and vendor personnel during
the solicitation process is waived during pre-bid/pre-proposal conferences.
E. Addenda to Solicitation Documents
There may be occasions when it will be necessary to change the specifications, terms, or
conditions of a given solicitation during the course of the solicitation period. Such changes may
be in response to user department changes or clarifications, written vendor inquiries, or other
reasons. Such changes shall be fonnalized by the issuance of a solicitation addenda to all
potential vendors who have obtained the solicitation document. The addenda becomes part of,
and supersedes, the solicitation document. No change to the terms, conditions, or other
requirements stated in a solicitation is official unless the change is expressed in a formal addenda
to the solicitation. Vendor bids or proposals may be rejected by the County if the vendor fails to
acknowledge receipt of all addenda. Addenda should be issued a minimum of five (5) working
days in advance of the due date for responses to ensure adequate time for vendor receipt and
consideration of the information contained within the addenda.
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F. Receipt of Vendor Responses
1. Specific Direction Regarding the RFQ Process
Quotations received under RFQ actions processed within the dollar value of this section by either
departmental or OPS personnel shall be maintained unopened until the established response due
date, and then all opened at the specified time for receipt of quotations.
2. Specific Direction Regarding the ITB Process
Sealed bids under the ITB process shall be publicly opened by OPS personnel at the place, date
and time specified in the ITB or any subsequent addenda(s). No submission of a bid, and no
change to a submitted bid, shall be accepted after that time unless otherwise authorized by the
terms and conditions of the relevant solicitation, or if such response is specifically requested by
OPS during the balance of the acquisition proceedings. Unless precluded by the quantity of line
items, vendor pricing shall be publicly announced at the time of bid opening. A tabulation sheet
identifying all bidders and their relative pricing shall be posted to the County website as soon as
practicable after the bid opening.
3. Specific Directions Regarding the RFP Process
Proposals submitted under the RFP process shall be publicly opened by OPS personnel at the
time and place specified in the solicitation or any subsequent addenda(s). No submission of a
proposal, and no change to a submitted proposal, shall be accepted after that time unless
otherwise authorized by the terms and conditions of the relevant solicitation, or such response is
specifically requested by OPS during the balance of the acquisition proceedings. A tabulation
sheet identifying all responding vendors shall be posted to the County website as soon as
practicable after the bid opening. It is not mandatory for this initial tabulation to include the
pricing submitted by responding vendors. A priced tabulation may be posted either when pricing
is definitized or after passage of the public notice period specified in 5.b below.
4. Specific Direction Regarding the RSQ Process
The RSQ process is primarily used for the acquisition of certain professional services as defined
within Section 287.055, Florida Statutes, entitled the "Consultant's Competitive Negotiation Act
(CCNA)". Specific detail regarding such RSQ activity, and use of continuing contracts, under
the CCNA Statute is included in the following section of this procedure.
5. General Direction Regarding All Responses
a. Timeliness: As indicated above, all vendor responses must be received by the time and
date stated in the solicitation document to be considered timely and eligible for award.
Vendors shall be contacted if their response is not submitted in a timely manner, and
given the choice of return of their response at their expense, or destruction of the
response. Procurement Services will retain evidence of the late submission of the
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response, and the time and manner of disposition of the late response, within the
solicitation files. Any vendor appeal in writing in this regard shall be addressed to
procurement representative for the purchase, and fully coordinated with the County
Attorney's Office. It may be assumed that any acceptance of a late response will be an
exceptional event based on current case law precedent, and the specific conditions of any
specific claim or dispute. An OPS Internal Operating Procedure that provides additional
detail regarding the receipt and opening of bids and proposals is posted on the County
website.
b. Public review: All supporting documents associated with a specific purchase will be
available for public review and release as dictated by state statute or other applicable
directive. These documents are provided for information only, and no information
contained therein shall be construed to represent any formal award recommendation until
such time as a notice of formal award recommendation is issued or posted.
G. Offer (Bid or Proposal) Requirements
1. Specific Direction Regarding the ITB Process/Mistake in Bid
a. Responsiveness: Under Invitations to Bid (ITBs), each offer shall comply with all
terms, conditions, and other requirements of the specific solicitation without exception or
variation, unless such exception or variation is waived as a non-material irregularity or
informality by the Procurement Services Manager in coordination with the County
Attorney's Office and/or user department. At the discretion of the County, clarifications
that do not impact the scope, specifications, or pricing of the intended purchase may be
requested of responding vendors by the OPS contracting officer during the evaluation
phase of the acquisition cycle.
b. Mistake in Bid: Any allegation or claim of a mistake in bid by a responding vendor
must be submitted in writing, be researched by the OPS contracting officer, and referred
to the Procurement Services Manager for resolution in consultation with the County
Attorney' Office.
c. Clarification/Negotiations Under an ITB: Direction in this regard is stated at H.l.a
below.
2. Specific Direction Regarding the RFP Processes
Vendor responses should comply with the proposal preparation directions included in the
solicitation. At the discretion of the County, supplemental or clarifying information that does not
involve a significant impact on an initial response, or significant change in the general scope of
the intended purchase, may be requested of responding vendors by the OPS Contracting Officer
during the evaluation phase of the acquisition cycle.
The negotiation and best and final offer process under an RFP (see paragraph H.2.b below)
should be initiated when the initial evaluation identifies a need for significant clarification or
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revision(s) to technical or pricing proposal response(s). This process involves solicitation of
revised pricing and/or revised technical proposals from vendors that submitted offers that can be
considered suitable or susceptible to award (ie;within the "competitive range"for award).
3. Specific Direction Regarding the RSQ Process
The RSQ process is primarily used for the acquisition of certain professional services as defined
within Section 287.055, Florida Statutes, "Consultant's Competitive Negotiation Act (CCNA)".
Specific detail regarding such RSQ activity, and use of continuing contracts, under the CCNA
Statute is including in the following section of this procedure.
H. Negotiations
1. Negotiations/Clarifications Within the ITB Process
a. Negotiations may be conducted with the lowest responsive and responsible responding
vendor under an Invitation to Bid action when the low bid is in excess of the budgeted
amount. This is an exceptional procedure to be used when the low bid is within a
reasonable range of the budgeted amount. When multiple vendors are involved, such
discussions shall not involve any change to the requirements stated in the Invitation to
Bid. When a single vendor is involved, such discussions may, with the approval of the
Procurement Services Manager in coordination with the County Attorney's Office,
involve technical or administrative changes that do not impact on the general scope or
purpose of the intended purchase.
b. Minor clarifications that involve no substantive change to an initial vendor response
may be informally discussed and resolved by the OPS contracting officer in coordination
with the user department with any vendor responding to a solicitation. Such effort is not
deemed to constitute negotiation activity.
2. Negotiations Within the RFP Process
a. The RFP process may include formal negotiations with the responding vendors as
required to complete technical evaluations or to ensure receipt of fair and reasonable
pricing. All formal negotiation discussions shall be managed by the OPS Contracting
Officer with full participation by representatives of the user department. When such
negotiations are required, they should be conducted with all vendors within the
competitive range for award. If such negotiations result in a need for revision of initial
proposals, OPS will request all participating vendors to submit a best and final offer
confirming any technical or pricing changes resultant from the negotiations. A firm date
and time for receipt of best and final offers shall be established. Any best and final offer
received late shall be treated in the manner previously described for submission of initial
proposals. Additional detail regarding negotiations associated with a purchase involving
use of a formal Selection Committee is provided in the following section of this
procedure.
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b. Minor clarifications that involve no significant change to an initial vendor response
may be informally discussed and resolved by the OPS Contracting Officer in
coordination with the user department with any vendor responding to a solicitation
without use of the formal negotiation procedures discussed above.
3. Negotiations Within the RSQ Process
The RSQ process is primarily used for the acquisition of certain professional services as defined
within Section 287.055, Florida Statutes, entitled "Consultant's Competitive Negotiation Act
(CCNA)". Specific detail regarding such RSQ activity, and use of continuing contracts, under
the CCNA Statute is including in the following section of this procedure.
I. Recommendation for Award
Recommendation for award(s) within the dollar range of this section shall be made in accordance
with the evaluation criteria and method stated in the solicitation. Upon final determination of an
award recommendation (generally denoted by the forwarding of a recommendation to the Board
of County Commissioners), the OPS Contracting Officer shall post appropriate notice on the
County website. The OPS Contracting Officer may also issue a formal recommendation notice
to all responding vendors. If a letter notice is provided, the letter should identify the
recommended vendor and state the rationale for the award recommendation. Any change in an
award recommendation that occurs after issuance of an initial award recommendation notice will
require issuance of a revised award recommendation notice.
J. Resolution of"Tie" Situations
Any initially priced competitive process (RFQ, ITB, or RFP) resulting in a tie situation will be
resolved in favor of the vendor having a permanent business facility within Lake County. If such
action does not result in a clear award recommendation, all vendors involved in the tie will be
requested to submit a best and final offer that will be subject to the conditions set forth for the
initial receipt of bid or proposal responses. If a tie still exists after this process is completed,
award will be resolved in favor of a vendor having an established Drug-free Workplace Program.
If this does not clearly resolve the tie, a publicly announced drawing will be conducted by the
Procurement Manager with representation from the user department, the County Attorney's
Office, and any other interested party.
In the event of a perceived technical tie in any phase of a CCNA solicitation between a vendor
having a permanent business facility in Lake County and a vendor not having such a facility, the
tie will be resolved in favor of the vendor having such a facility. This is considered to be an
application of the "location" evaluation factor stated in the CCNA statute given the premise that
such a vendor would be in a better position to respond to County requirements.
K. Debriefing Of Unsuccessful Responding Vendors
Once a formal award recommendation under an RFP or RSQ action has been finalized, vendors
requesting a formal debriefing regarding the evaluation of their proposal may be scheduled for
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that activity. Debriefings may be conducted by telephone or in person. The County will be
represented by the assigned contracting officer, and may include a representative of the Selection
Committee or informal evaluation group as applicable to the specific action. Discussion will be
limited to issues regarding the proposal submitted by the vendor requesting the debriefing, and
will be focused on information intended to enable the responding vendor to respond in a more
successful manner in the future.
L Response to Public Records Request
Any request for documentation relating to any solicitation process submitted by any vendor, or
any member of the public, will be processed in strict compliance with applicable Public Records
law, statute, or procedure in full coordination with the County Attorney's Office.
M. Appeal and Protest Procedures
A vendor wishing to protest an award decision regarding any contract within the dollar limitation
of this section shall do so via written notice to the Procurement Services Manager. For any
protest to be determined eligible for consideration, the initial formal protest document (a notice
of intent to protest is not considered a formal protest) shall clearly state the grounds for the
protest, and be received within ten (10) calendar days commencing from:
-the date a"recommendation"notice for the purchase is posted on the County's website, or
- the date of issue of a specific award recommendation letter by OPS.
It is the County's intent to ensure that a ten (10) calendar day protest period is available prior to
any contract award having a value in excess of$25,000, and that any protest is fully considered
in advance of final contract award. Any protest notice received after the actual date of contract
award may be rejected without consideration. All vendors within the competitive range for award
should be advised when a protest is received, and be allowed to make timely written comment in
regard to the protest.
For purchases having an annual or one-time value of$100,000 or less, the Procurement Services
Manager, in coordination with the County Attorney's Office, will review any timely protest, and
make the initial County recommendation regarding the protest. For purchases having a annual or
one-time value in excess of$100,000, or purchases below that amount wherein it is determined
appropriate by the County Manager, the County reserves the right to assign initial review and
recommendation regarding a protest to a competent third party.
The initial recommendation will be based strictly on the written record, which shall consist of the
submitted protest, the response to the protest prepared by appropriate County staff, and any
additional written input from any other party on which the protest may have direct impact. The
initial recommendation shall be in writing and clearly state the rationale for sustainment or denial
of the protest. The initial recommendation shall be forwarded to the County Manager for review.
The County Manager will then submit a formal recommendation regarding resoluton of the
protest to the Board of County Commissioners for final consideration and decision, generally in
conjunction with the award recommendation.
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Note: See Section 21 for additional guidance regarding FTA-funded purchases.
N. Approval and Signatory Authority for Purchases Exceeding$25,000
The Board of County Commissioners (BCC) is the general approval and signatory authority for
all new contract awards falling within the dollar value stated above. Detailed direction regarding
initial award authority for contracts and other agreements within the dollar value of this section
is set forth in Section 2 of this manual.
The Procurement Services Manager and contracting officers may serve as the signatory authority
for new contract awards falling within the dollar value stated above when such action is
specifically included in the award recommendation approved by the BCC. Beyond the initial
award, OPS is the signatory authority for all purchase orders forming either individual (one-time
contract) or blanket (term and supply contract) purchase commitments. OPS shall advise
awarded vendor(s) of award by issuance of a purchase order or transmittal of a contract.
11. SPECIFIC NEGOTIATED ACQUISITION PROCEDURES
There are a number of procedural variances between acquisitions that are processed on a strict
bidding basis (Invitation to Bid, Request for Quote), and acquisitions that are processed using
negotiated (Request for Information, Request for Proposal, Request for Statement of
Qualification) procedures. Many of these procedural variances have been addressed in other
sections of this manual. However, certain procedures that are especially unique to the negotiated
process require specific direction. This section of the manual describes those unique processes,
and is intended to provide sufficient detail on these processes to enable user departments and the
general vendor community to be fully aware of their respective roles in the negotiated acquisition
process.
A. Consideration of Environmental Resource Conservation Factors
Negotiated acquisition procedures allow for award decisions to be made based on a "best value"
basis by considering factors other than price. As indicated by County Resolution 2003-64 and
other County initiatives, full consideration of environmental factors should be considered in the
award of all County purchases. User department and procurement personnel should jointly
review purchases that will be awarded on a "best value" basis to determine if the purchase is
susceptible to establishment of additional evaluation factors that could have a positive
environmental impact. If such impact can be identified and measured in a sustainable manner,
the solicitation should be structured to provide for consideration of such additional factors. The
following examples are provided:
- Vehicle purchases could be evaluated on a full life cycle cost basis with fuel usage over
the life of the vehicle, recycled material content, and residual value considered as initial
award factors.
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- Appliance purchases could be evaluated on a full life cycle cost basis with power costs
over the life of the appliance considered as an initial award factor.
- All commodity purchases besides those specified above should be reviewed for
applicability and application of full life cycle cost factors.
- Purchases for landfill operations may involve technical alternatives that could reduce
the need for additional landfill capacity in the future. Such purchases could include a
cost avoidance factor that could be used during the evaluation process.
- For any purchase of items composed of recyclable materials, include recovery of costs
at the end of the item's life cycle as part of the initial cost evaluation.
If such factors can be identified and effectively utilized, the solicitation document must clearly
state the factor being considered and the manner in which it will be considered.
B. Request for Information (RFI)
The RFI process is used for the purpose of seeking information, comments, or reactions from
industry regarding a specific or general issue or concern. The RFI itself is an informal written
document prepared and issued in any manner appropriate for the specific need. Although the
RFI procedure is informal in nature, responses may be requested to be submitted by a specified
date and time. A RFI may be used during the market research phase of an acquisition to assist
the County in identifying potential proposers, approaches, general pricing estimates, or other
relevant information. The RFI itself will generally not contain the full range of administrative,
pricing, and technical teems and conditions required to form a contract.
C. Specific Direction Regarding Contracts for CCNA Professional Services
1. Use of Continuing Contracts Awarded Under the CCNA Statute.
a. Any requirement involving use of professional services identified within Section
287.055, Florida Statutes, (Consultant's Competitive Negotiation Act or CCNA) and
falling within the "continuing contracts" thresholds therein stated (currently $200,000 for
project-independent study effort, or in direct support of a specific project having an
estimated value below $2 million), may be awarded by issuance of a task order under an
existing "continuing" or "on-call" contract having a scope that includes the specific
required services. User departments are authorized to request such task orders as
described within the OPS Internal Operating Procedure entitled "Task Orders for
Professional Services Under Continuing Contracts". That procedure is maintained on the
County website. Task orders under continuing CCNA contracts are not subject to pricing
competition.
b. Although the County's Automated Request for Quotation (RFQ) system can generally
be used for all quotation activity under many of the County's term and supply contracts,
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orders under CCNA continuing contracts may not be initiated in that manner until such
time those contracts are specifically included within that system.
2. CCNA Requirements Over Continuing Contract Access Thresholds
Requirements for technical services falling within the definition expressed in Section 287.055,
Florida Statutes, but in excess of the financial limits stated in C.l.a above will be processed as
directed by CCNA using the County's RSQ or RFP procedures.
3. Additional Information regarding the CCNA Statute
Further information regarding CCNA can be found at the following website:
http://www.flsenate.gov/Statutes/index.cfm?App mode=Display Statute&Search String
=&U RL=Ch0287/S EC055.HTM&Title=->2006->Ch0287->Section%20055#0287.055
D. Request for Statement of Qualifications (RSQ)
1. Although it may be used otherwise, the RSQ form of formal solicitation has been
specifically formulated to obtain statements of qualifications from vendors for purchase of
professional services covered under the CCNA. The County's RSQ form, and the CCNA source
selection process employed by the County, are structured to implement the CCNA portion of the
County's "business friendly" initiatives. These initiatives require RSQ responses to focus on the
most essential qualification information related to the specific project. They also promote an
efficient and effective evaluation process that is in accord with the CCNA statutes. The RSQ
form itself dictates direct and concise technical responses. The procedures detailed in paragraph
F of this section support the use of highly qualified senior level technical evaluators operating
within a simplified, direct, and efficient evaluation process.
2. The CCNA statute requires a solicitation evaluation process that is initially based strictly
on technical competition. The County's standard RSQ form includes an explanation of the
purpose of the RSQ, a description of the service to be purchased, general terms and conditions,
and CCNA-specific terms and conditions regarding instructions for response, evaluation criteria,
and the related negotiation and award selection process. These solicitations result in an initial
award recommendation based solely on the relative technical qualifications of the responding
vendors. Pricing is not included in the initial solicitation process. The RSQ process involves an
extensive evaluation process for each responding vendor to include criteria such as qualifications
and experience of principals and staff, technical capability, financial stability, location,
experience, history, and references. For that reason, the RSQ process involves the use of formal
Selection Committee procedures to assure such evaluations are conducted in an appropriate and
accurate manner. Pricing input and associated negotiations initially occur only with the vendor
(or vendors, if the intent is to award within multiple award structure) that submitted the highest
ranked technical proposal. All negotiations will be facilitated by the OPS Contracting Officer
acting in conjunction with appropriate technical personnel. The intent of negotiations is to
finalize a formal contract with the most highly qualifed vendor(s). If these negotiations do not
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result in an agreement on price or other contractual terms and conditions, the County may then
repeat the negotiation process with the next highest ranked technical proposer.
3. As a matter of note, either the specialized RSQ procedure discussed above, or the general
RFP procedure discussed below, may be used for the purchase of professional services either
within or witout the definitions stated in the CCNA statutes.
E. Request for Proposals (RFP)
1. As previously stated in these guidelines, a RFP is a solicitation wherein the associated
award evaluation and vendor selection process is based on a best value evaluation, rather than
strictly upon award to the lowest priced responsive and responsible vendor. Relative price may
or may not be a significant or determining award factor under a RFP.
2. The evaluation and award of an RFP that involves competitive pricing as a determining
or significant award factor will generally not require the use of a formal Selection Committee.
Technical evaluation of proposals received in response to such an RFP shall generally be
completed by user department personnel on an informal review basis in coordination with the
OPS Contracting Officer.
3. The evaluation of an RFP that does not involve pricing as a significant or determining
factor in the resultant award is a sensitive and demanding process involving a high degree of
subjective judgment. In these cases, formal Selection Committee procedures may be used to
assure such evaluations are conducted in the most appropriate and accurate manner. The
recommendation whether to use a formal Selection Committee process under a specific RFP
resides with the OPS Contracting Officer. The balance of this guideline section provides an
overview of fouual Selection Committee procedures to enable user departments to prepare for,
and participate in, such processes in conjunction with Procurement Services.
F. Use of Selection Committees
1. General Direction
a. As stated above, formal Selection Committees should be used for the evaluation of
responses to all RSQ actions, and those RFP actions where price is not a significant or
determining factor for award. Selection Committees shall be comprised of technically
expert personnel from multiple departments and/or external entities with an emphasis on
assignment of senior level personnel knowledgeable of all, or specific aspects of, the
work to be performed.
b. Formal Selection Committees are subject to all applicable provisions of the "Sunshine
Law". All formal Selection Committee meetings shall be advertised and conducted in
strict compliance with the then current provisions of the "Sunshine Law" (Section
286.011,Florida Statutes).
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c. Selection Committee members shall be recommended by the Procurement Services
Manager working in coordination with the user department, and approved by the County
Manager. The designated procurement representative for the specific acquisition shall
facilitate all committee meetings, prepare written minutes of all such meetings, and
provide general support to the committee throughout its deliberations.
d. Selection Committee proceedings will be completed in accordance with all applicable
provisions of the "Sunshine Law" and may be audio-taped. Procurement Services will be
responsible for audio-taping evaluation/selection meetings when such action is required
or desired.
2. Formation of Selection Committees
a. Selection Committees shall generally consist of three (3) or five (5) voting members.
The actual number of personnel involved will be based upon the specific nature of the
RSQ or RFP (i.e., dollar value, single or multiple user departments, and/or complexity of
the good or service being purchased). On an exceptional basis, multiple personnel from a
single department may be included on a Selection Committee when necessary to ensure
the completion of an accurate and comprehensive evaluation (see specific direction in this
regard in paragraph 3.b below).
b. An alternate voting member may be included at the time the committee is appointed,
and will become a voting member in the event that a long-term substitution is required.
c. The Department Director or Division Manager of a user department impacted by a
specific contract award will serve as one of the members of the Selection Committee for
that purchase.
d. A non-voting technical advisor may be used in conjunction with a Selection
Committee when necessary to ensure a complete and accurate evaluation is completed.
3. Performance of Personnel Designated for Selection Committees
a. Each individual appointed to a Selection Committee shall assure that his/her service on
such committee shall be in compliance with the Conflict of Interest and Code of Ethics
requirements of the County, and the Florida Sunshine Law as and if applicable.
Individuals appointed to serve as Selection Committee members must plan to attend all
evaluation meetings, and be prepared to complete all actions required to complete a
comprehensive evaluation.
b. If proper evaluation requires that the Selection Committee include multiple parties
from the same department, each such individual shall ensure that they do not discuss any
aspect of the evaluation outside of appropriately advertised Committee meetings.
c. Any request by County staff to be excused after initial selection for a specific Selection
Committee must be in writing, and be signed by the Department Director of the
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committee member seeking excuse from participation. A short-term substitute may be
approved by the County Manager if deemed necessary or appropriate in the event of an
unexpected absence of a Selection Committee member from a scheduled meeting.
4. Evaluation and Negotiation of Proposals/ Statements of Qualifications
a. Evaluation: Each proposal shall be evaluated independently by each member of the
committee based on the criteria and process established in the RFP or RSQ document.
The committee may hold a "kick-off' meeting to review the solicition and discuss their
role in the evaluation process. Subsequent meetings may be scheduled to discuss and rate
the technical proposals, attend discussions and/or presentations of short-listed firms,
conduct reference checks, conduct other related activities, and upon specific request, to
review and evaluate price proposals in association with the review and evaluation of the
technical proposals. The primary purpose of the Committee is to provide an initial short-
listing and final technical ranking of the vendor responses. Responding vendors may be
advised by the assigned OPS contracting officer of their relative status at the time short-
listing occurs, and at the time a specific vendor or vendors are designated as the highest
qualified respondent(s).
b. Negotiation: Any pricing negotiations associated with a solicitation involving a
Selection Committee are to be completed by the OPS Contracting Officer operating in
conjunction with the user department(s). Negotiations should be conducted by personnel
most familiar with the financial and technical aspects of the specific purchase. Personnel
conducting the negotiations may or may not include personnel from the Selection
Committee for the specific project. Any designated negotiating party may consult with
any individual Selection Committee member during the negotiation process. Public
advertising of negotiation sessions will be completed when required by the then current
provisions of the Sunshine Law. The OPS Contracting Officer shall prepare a written
summary of each negotiation session.
c. Award Recommendation: Upon completion of the Selection Committee and all
associated negotiation proceedings, the OPS Contracting Officer managing the
evaluation/award process will prepare an award recommendation memo and/or agenda
item. The recommendation shall provide detail regarding the evaluation of each proposal
received, and a clear and comprehensive description of the basis of the award
recommendation. The OPS Contracting Officer shall issue notice of award
recommendation in the manner described in section 10.I of this procedure.
12. REJECTION OF BIDS OR PROPOSALS
The Procurement Services Manager may reject any and all bid(s) or proposal(s) received in
response to a solicitation intended to result in a contract or other agreement of any dollar value
when such rejection is in the best interest of the County. A bid or proposal may be rejected if
any of the following conditions exist:
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- The vendor's bid under an ITB does not conform, or has taken cardinal exception, to
the specifications and/or solicitation documents; or the vendor's proposal under a RFP
or RSQ has taken exception to an essential requirement of the solicitation.
- There is compelling evidence of insufficient financial resources and/or lack of technical
ability of the vendor to provide the required goods or services within the time specified
without delays or interference.
- There is compelling evidence of previous or existing non-compliance by the vendor
with laws or ordinances relating to the specific purchase.
- There is compelling evidence of inadequate quality or performance by the vendor on
previous purchases.
- Vendor has been declared to be in default on any County or public entity contract or
agreement, or debarred or suspended or determined ineligible for award by any public
entity authorized to enforce such conditions.
- Vendor has not complied with any insurance, bonding, or administrative requirements
associated with qualification for award.
- When pricing cannot be determined to be fair and reasonable.
- Insufficient competition.
- Any other cause in the best interest of the County.
The protest procedures set forth in Section 10 of this manual do not apply to any County
determination made to reject all bids or proposals received in response to a solicitation.
13. MULTIPLE AWARD AGREEMENTS / CONTRACTS
A. General Conditions for Use
"Multiple award" contracts are binding agreements awarded to multiple vendors who have met
the basic qualifying requirements established within the solicitation, but may not establish firm
pricing for a specific product or specific service to be provided. Such contracts should provide
for the inclusion of additional qualifying vendors, and the release of vendors no longer meeting
the qualifying conditions, over the full life of the contract.
Examples of these contractual agreements include (but are not limited to):
- Agreements or contracts awarded by the County or other governmental entities that are
awarded to specified multiple vendors based on qualifications and/or sample job
pricing.
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- Agreements or contracts awarded by the County or other governmental entities to
multiple vendors that include pricing information relating to cost elements such as
hourly or discount rates, but not an actual firm fixed price for a given good or service.
Agreements or contracts structured in this manner generally do not include all the
information necessary to determine the firm price for a given product or service from
the information contained in the agreement or contract.
- Agreements or contracts awarded by the County or other governmental entities to
multiple vendors that include firm fixed unit prices for specifically described goods or
services. In such contracts, the vendor offering the lowest unit price for a given good
or service is the primary vendor and is generally given the first opportunity to provide
that good or service. The next lowest priced (secondary) vendor for the item may be
given the opportunity to provide the item if the primary vendor cannot supply the item
in the required timeframe.
B. Competition Requirements
a. General: Multiple award contracts that do not include specific unit pricing generally require
additional competitive action prior to award of a specific task to a specific vendor. Specific
procedures for use of each such multiple award contract will be developed on a case-by-case
basis by OPS in coordination with the appropriate user departments. These procedures shall be
structured to provide the competitive structure and documentation necessary to clearly support
the award of a specific task to a specific vendor. These procedures will be included in the
solicitation and resulting contract.
The County's Automated RFQ System may be used to secure quotations under the "existing"
multiple award contracts included in the system regardless of the dollar value of the specific
purchase. Detailed guidance in this regard is provided in the related OPS Internal Operating
Procedure maintained on the procurement website.
b. CCNA Exception: It is noted that the procedures stated in this section do not apply to
multiple award continuing contracts for services falling within the definition expressed in
Section 287.055,Florida Statutes (CCNA). Additional guidance in this regard is provided in
Section 11 of this procedure, and in the OPS Internal Operating Procedure entitled "Task Orders
for Professional Services Under Continuing Contracts" (copy at the County website).
C. Exception From Selection Committee Proceedings
Although Selection Committees are mandated for use on complex purchases that do not involve
pricing as an evaluation factor, multiple award contracts for non-complex goods or services that
do not involve initial pricing competition may be awarded without the use of such committees.
This is due to the fact that these contracts generally involve clear qualification or product
standards and subsequent competitive spot market purchases.
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14. ACCESSING CONTRACTS FROM OTHER GOVERNMENTAL
AGENCIES
A. Conditions for Use
1. Contracts awarded by other government agencies (and those discussed in 2 below) may
be considered for use on a direct award basis when those contracts were awarded on the basis of
full and open price competition. Such direct awards are considered competitive in nature as the
other entity contract was itself a competitive award. Accessing an existing contract (often
referred to as "piggy-backing") reflects an assignment of existing contract rights to purchase
supplies, equipment, or services. When considering such activity, the County must ensure that
the original contract contained an assignability clause and that the terms and conditions of that
contract meet County requirements, and FTA requirements in regard to FTA-funded purchases.
OPS Contracting Officers may access items or services from any State of Florida or other
governmental agency contract when the required good or service is not included on an existing
County contract and when the other entity contract:
- allows for its use by entities such as Lake County,
- was directly processed by the other entity on a competitive basis,
- includes the specific good or service to be procured by Lake County,
- includes the specific price to be paid by Lake County for the specific good or service to
be procured by Lake County,
- is not otherwise ineligible for use by Lake County, and
- market research indicates the pricing to be accessed is current, fair, and reasonable.
2. Use of multiple-award contracts awarded by entities other than governmental agencies
may also be considered subject to Procurement Services review and approval of the competitive
procedures to be used under such contracts. Examples of entities that may be considered in this
regard are consortiums such as US Communities that use a lead agency to compete a primary
award having the expressed purpose of use by other governmental entities. Another specific
example is use of contracts awarded by quasi-governmental organizations such as transit
agencies that allow for ordering of specific items available under the awarded contract by a
specified governmental agency. When using any such contract, specific County rules may be
applied at the discretion of the County. FTA-funded vehicle purchases will often be purchased
within the purview of this section. See Section 21 for further detail in that regard,
B. Process for Accessing Contracts from other Government Agencies
Before any purchase controlled by this section can be made, vendors should comply with all
County requirements. A copy of the contract or award documents shall be obtained from the
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government agency that awarded the contract. At a minimum, a copy of specific information
including the contract number, expiration date, terms and conditions, the description of the goods
and/or services, price, warranty period, payment terms, shipping terms, and other pertinent
information shall be secured.
When determining whether or not to access another entity's contract, staff is to carefully review
the terms and conditions of that contract, noting any terms and conditions that vary from the
County's normal practices, and confirming that vendors included in that contract are in fact
authorized and able to provide to other entities the goods and services which they were awarded
on the competitively awarded contract.
C. Purchase Request from User Department/Division
The user department shall submit a requisition and any other supporting documentation as may
be applicable to support purchases being made in accordance with this section.
D. Authority to Award Purchases Accessing Contracts from other Government Agencies
A purchase order will be issued by Procurement Services upon receipt of acceptable supporting
documentation from the user department, and all appropriate reviews and approvals are obtained.
Award approvals of such actions shall follow the approval levels at the appropriate dollar value
thresholds set forth elsewhere in this procedure, and shall also conform to any existing
supplemental approval direction associated with specific BCC or County Manager directives.
15. LIMITED COMPETITION ACQUISITIONS
A. Policy
It is the policy of Lake County to purchase its goods and services through a full open and
competitive process. However, when competition is not available or when it is determined in the
best interest of the County to utilize other than full and open competition, execution of purchases
on a sole source, restricted source, or emergency basis may be authorized. Specific guidance on
emergency actions is contained in Section 16 of this manual.
A primary procurement goal is to foster full and open competition in the acquisition of goods and
services for the County departments. The Procurement Services Manager (or designee) currently
serves as the County's Competition Advocate in this regard. The Competition Advocate will
review all sole or restricted source recommendations to determine the appropriate acquisition
approach after researching the availability of alternative sources of supply. The Competition
Advocate will work closely with user departments to ensure that work requirements are
expressed in terms of performance or functionality whenever practical.
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B. Definitions
1. A sole source purchase is the acquisition of a good or service for which there is only one
source that can provide the good or service, and an equal product or service is not available from
any other source.
2. A limited competition purchase is the non-emergency acquisition of a good or service from a
limited number of specified sources. Such actions generally involve situations where
competition is limited by documented security, confidentiality, or technical and/or market
concerns such as interoperability or franchise considerations. Such actions may result in a direct
award after all appropriate approvals have been secured, or may result in a limited, informal
competition in response to urgent situations that do not meet the criteria for true emergencies.
C. Review Process
When the user department believes that full and open competition is either not possible, or not in
the County's best interest, an appropriate written justification signed by the department director
must be submitted to the Competition Advocate. The user department should at a minimum
indicate the purpose of the acquisition, the uniqueness of the item or service, why waiving the
competitive process is in the County's best interests, any market research performed by the user
department to support their decision, and any proposed actions that can promote competition in
future similar purchases.
D. Regulatory Compliance
1. The purchase of goods and services on a limited or non-competitive basis shall be
conducted in full accordance with Section 287.057(5), Florida Statutes.
2. For such purchases in excess of $25,000 in value, OPS shall electronically post a
description of the potential purchase for a period of at least seven (7) working days, and
appropriately consider all responses to that notice.
3. For such purchases in excess of$100,000 in value, OPS shall issue a written Request for
Information (RFI) to all registered vendors for the specific commodity being purchased, and any
other known potential supplier(s). The RFI shall remain open for response for a period of not
less than ten(10) working days. OPS will appropriately consider all responses to the RFI.
4. It is specifically noted that any federally-funded purchase should be reviewed for
maximum competitive potential, with solicitation of pricing from any single source being the last
alternative considered. Further specific direction in regards to such purchases is as follows:.
Sole Source Under Federally-Funded Purchases. When the County requires supplies or
services available from only one responsible source, and no other supplies or services will
satisfy its requirements, the County may make a sole source award. It is specifically noted that
when the County requires an existing contractor to make a change to its contract that is beyond
the scope of that contract, the County has made a sole source award that must be justified. Sole
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source justifications can be based on unique capability or availability factors associated with a
specific vendor if one of the conditions described below is present:
a. Unique or Innovative Concept: The vendor demonstrates a unique or innovative concept or
capability not available from another source. Unique or innovative concept means a new,
novel, or changed concept, approach, or method that is the product of original thinking, the
details of which are kept confidential or are patented or copyrighted, and is available to the
County only from one source and has not in the past been available to the County from another
source.
b. Patents or Restricted Data Rights: Patent or data rights restrictions preclude competition.
c. Substantial Duplication Costs: In the case of a follow-on contract for the continued
development or production of highly specialized equipment and major components thereof,
when it is likely that award to another contractor would result in substantial duplication of
costs that are not expected to be recovered through competition.
d. Unacceptable Delay:. In the case of a follow-on contract for the continued development or
production of a highly specialized equipment and major components thereof, when it is likely
that award to another contractor would result in unacceptable delays in fulfilling the recipient's
needs.
Sole Source Justification. If the recipient decides to solicit an offer from only one source, the
recipient must justify its decision adequately in light of the standards of subparagraph
3.i(1)(b) of this Chapter. All sole source justifications must be in writing.
Cost Analysis. Prepare or obtain a cost analysis verifying the proposed cost data, the
projections of the data, and the evaluation of the costs and profits.
E. Approval Process:
When all review and evaluation requirements are completed, and the Competition Advocate is
satisfied that a sole or restricted source procurement is required, a waiver of full and open
competition may be requested via an appropriate recommendation to the County Manager. The
County Manager has the authority to approve any proposed sole or restricted source procurement
having a dollar value of$25,000 or less. Actions having a value in excess of$25,000 shall be
forwarded to the Board of County Commisioners for approval prior to purchase. All vendors
should comply with all County requirements prior to award.
16. EMERGENCY PURCHASES
A. Definition
An emergency purchase is defined as an unforeseen or unanticipated urgent and immediate need
for equipment, supplies, or services where the protection of life, health, safety or welfare of the
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community or the preservation of public properties would not be possible using normal
purchasing procedures.
B. Process for Emergency Purchases
1. Preferably before, but in any event as soon as possible after, completion of any
emergency purchase, the user department shall provide a written certification of the emergency
to the Procurement Services Manager. This certification shall be signed by the department
director or specific designee for confirmation of emergency conditions. Unless precluded by the
nature of the emergency situation, vendors are to comply with all County requirements prior to
formal award approval. If notified in advance of the actual emergency purchase, and if there is
no compelling cause not to do so, OPS will immediately provide a purchase order number to the
user department verbally, with written confirmation within twenty-four(24) hours.
2. If the item or service cannot be obtained from a vendor with an existing County contract,
the user department is encouraged to obtain at least two (2) quotations from registered County
vendors whenever possible. All necessary affidavits, insurance certificates, proof of proper
licenses, trade certificates, permits, and additional documentation as the emergency work may
require should be acquired from the vendor.
3. The user department shall submit the following documentation to OPS within five (5)
working days after initiating action in response to an emergency situation:
- Requisition
- Written quotation(s) from the vendor(s)
- The user department's justification and/or explanation of circumstances for emergency
purchase, to include a clear definition of the products and/or services sought and how and
where it will be used. This is to be signed by the department director or specific designee.
- Any other supporting documentation as may be applicable
C. Authority to award emergency purchases
In the event a department director, or an authorized designee, determines that a true emergency
situation exists which requires an immediate response, required goods or services may be
ordered by the responsible user department regardless of the amount of expenditure. A
confirming purchase order will be issued by OPS upon receipt of acceptable supporting
documentation from the user department. If the expenditure is in excess of$25,000, the award
shall be presented to the BCC for retroactive approval.
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D. Monitoring emergency purchase requests
The Procurement Services Manager shall monitor the use of emergency procedures by user
departments, and will report to the County Manager any departmental procurement practices
which indicate abuse of emergency purchase authority.
17. UNAUTHORIZED PURCHASES
Unauthorized purchases are purchases that have been completed outside of the authority and
procedures set forth in this manual. Department directors shall take all appropriate measures to
ensure that such incidents do not occur. Any apparent unauthorized purchase, regardless of
dollar value, will be reviewed by the County Manager. This review requires the preparation of a
memo to the County Manager from the department director responsible for the unauthorized
purchase. This memo shall state why and how the purchase was made, and describe actions that
will prevent a recurrance of the unauthorized purchase. The memo will be routed through the
Procurement Services Manager who is responsible for making a recommendation for disposition
of the unauthorized purchase based on the specific issues involved.
The employee responsible for an unauthorized purchase may be subject to disciplinary action,
and may be held responsible for payment of the unauthorized purchase.
18. CONTRACT MODIFICATIONS
A. Definitions
1. "Modification" is a general term tha applies to any change made to an existing contract.
This term is used throughout the following paragraphs of this section to generally refer to all and
any change to an existing contract Within OPS, this term is specifically used to define as a
short-form unilateral or bilateral document intended to exercise an existing right or option under
an existing contract. One example of a "modification" is the process and form used to exercise a
currently existing option period under a term and supply contract.
2. "Amendment" specifically refers within OPS to a bilateral change process and form used
to effect a specific formal change to the existing terms and conditions of a contract. Examples
include an "amendment" confirming a corporate buy-out resulting in a need to change the name
of the contractor holding a current contract, or an "amendment" deleting a formal function or
aspect of an awarded contract.
3. "Change Order" is used primarily in reference to construction contracts and purchase
orders. The term "change order" is used in conjunction with construction projects to describe the
process of confirming a formal change to the quantity and/or type of work to be performed
within the current scope of the contract. One example would be the deletion of piping to one
location under a multi-location piping project.
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The term "change order" is also used specifically within OPS to signify a monetary change to the
purchase order in support of a specific contract. One example in this regard is the process and
form used to raise the funding allocated to a given term and supply contract.
B. Submittal to Procurement Services
1. When a user department requires a modification to an existing contract, and/or a financial
change to an existing purchase order, a written request for the change must be submitted to the
Office of Procurement Services. Before submitting such a request, and coordinating as required
with the Budget Department, the user department should ensure that:
- The additional or otherwise changed requirements are valid and essential.
- Funds citing appropriate accounting codes are available to cover the purchase.
- Appropriate justification for the change is included with the request package.
2. The user department's modification request must include all required supporting
documentation to include, but not be limited to:
- A completed contract modification request properly completed and signed.
- The user department's justification and/or explanation for request to modify the purchase
order or contract.
- Any other supporting documentation as may be applicable.
C. Authority to Approve Contract Modifications
1. The various delegations of authority applicable to modifications of contracts (excluding
those for acquisition of real property for which approval authority always resides with the BCC)
are set forth below. Any modification action not specifically stated below as falling within the
authority of the County Manager (or designee) shall be approved by the BCC. BCC approval is
required for any modification that significantly changes the scope or structure of a contract
initially approved by the BCC. The Procurement Services Manager will coordinate with
the County Attorney's Office on such modifications. See Section 2.B.2 and 2.B.3 of this
procedure for definitions of"one time"and"term and supply"contracts.
2. The County Manager may modify any contract awarded within the County Manager's
award authority to a total contract amount of $25,000 without acquiring prior BCC approval.
This authority is hereby re-delegated in full by the County Manager to the Procurement Services
Manager, and by the Procurement Services Manager to OPS Contracting Officers. Any
modification that causes the dollar value of a contract to exceed $25,000 shall be approved in
advance by the BCC. All subsequent modifications to that contract shall be approved by the
BCC unless a different procedure is specified in a contract-specific agenda item.
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3. Except as noted in item 5 below, the County Manager may modify any "one time"
contract that required initial award approval by the BCC up to a total modification value of
$25,000 without acquiring prior BCC approval. This authority is hereby re-delegated in full by
the County Manager to the Procurement Services Manager and by the Procurement Services
Manager to OPS Contracting Officers. Any modification that causes the total modification value
to exceed $25,000 will require the prior approval of the BCC. All subsequent modifications to
the dollar value of that contract shall be approved by the BCC unless a different procedure is
specified in a contract-specific agenda item.
4. The County Manager may modify the annual estimated dollar value of any County term
and supply contract that required initial award approval by the BCC without further BCC
approval regardless of the dollar value of the specific change request. This authority is re-
delegated by the County Manager to the Procurement Services Manager in full, and by the
Procurement Services Manager to OPS Contracting Officers.
5. The County Manager may modify any "one-time" contract having an original value in
excess of$1 million for road, park, and/or facilities construction to a total modification value of
either $25,000 or one percent (1%) of the original contract price, whichever is greater.
Contingency funding approved by the BCC in the initial award approval is excluded from the
total modification value, and may be transferred from the contingency fund to the contract price
without further BCC approval. The County Manager may delegate, with or without power of re-
delegation, all or a portion of this authority to the Procurement Services Manager or user
department director on a case-by-case basis. Any such delegation shall be stated in the award
agenda item for the specific contract or agreement, or by separate memo. Any modification that
causes the total aggregate modification value to exceed the stated limitation shall require the
prior approval of the BCC. All subsequent modifications shall be approved by the BCC unless a
different procedure is specified in a contract-specific agenda item.
6. Any modification which reduces, or does not impact, the original or modified value of a
"one time" contract or other agreement may be approved by the County Manager. This authority
is hereby re-delegated by the County Manager to the Procurement Services Manager, and by the
Procurement Services Manager to OPS Contracting Officers for contract price reductions having
an aggregate value of$25,000 or less.
19. MONITORING AND REPORTING VENDOR PERFORMANCE
A. General Guidance
Vendor performance refers to any actions by a vendor under a contract, purchase order or other
binding agreement with the County. Any actions by a vendor which does not comply with the
stipulated terms and conditions of a contract will be considered non-performance and is to be
documented and reported to the Office of Procurement Services (OPS) by the user department.
Non-performance includes, but is not limited to, failure to deliver, late delivery, sub-standard or
unacceptable goods and/or service levels, habitual incorrect shipments or invoicing, unauthorized
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subcontracting, or assignments of responsibilities not coordinated in advance with the designated
procurement representative.
Under most contracts and/or purchase orders, the user department serves as the primary
administrator and monitor of the vendor's performance. The user department shall appoint
project managers or other department representatives who shall be responsible for monitoring
vendor performance as it relates to the terms and conditions of the contract(s) and/or purchase
order(s) issued. Vendor non-performance actions are to be documented and reported to OPS for
appropriate action aimed at correcting vendor performance. Should performance not improve,
OPS in coordination with the department and the County Attorney's Office, will consider more
extreme measures such as placing the vendor on probation, contract termination, suspension of
the vendor from bidding on County contracts, or vendor debarment.
A formal County Policy (LCC-39) and Procedure (LC-20) entitled both of which are entitled
"Contract Administration" are maintained on the County website. These documents provide
additional detail and guidance associated with this section.
B. Action by User Department in Regards to Non-Performance Proceedings
The vendor should be contacted by telephone to discuss the problems being experienced. A
mutual understanding should be reached, if possible, and a time frame for corrective action
established. A meeting should be held with the vendor to help resolve problems whenever
possible. Should the vendor continue to not meet the requirements, the user department/division
should complete the vendor non-performance form, or prepare a memo to OPS and attach any
available documentation to substantiate the report, including a copy of any letters sent to the
vendor or records of meetings.
C. Submittal of Documents to OPS
A copy of the vendor's non-performance form, or a memo from the user department, together
with supporting documents, should be sent to OPS. The user department should retain a complete
copy for its records.
D. Action by OPS
After receiving the vendor non-performance documentation, OPS will review the documentation,
and meet with the user department to determine the appropriate course of action. This action
may include calling the vendor for an informal resolution of a specific issue, sending the vendor
a notice to cure or correct performance, or scheduling a meeting with the vendor. Where
progressive steps aimed at correcting vendor performance have not served that purpose, OPS
may then schedule a formal meeting with all involved vendor and department personnel with the
intent of determining the most appropriate course of action including, but not limited to:
1. Requiring the vendor to implement a corrective plan within a specified period,
2. Establishing a probational period for the vendor to correct all noncompliance problems,
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3. Terminating the contract for default with consideration of suspension or debarment,
4. Determining the issue to be tentatively resolved with scheduled follow-up, or
5. Determining the issue to be fully resolved with no further action necessary.
In particularly clear non-performance circumstances, compelling evidence of an immediate need
for continuity of services, and the concurrence of the Procurement Services Manager and the
County Attorney's Office; termination of a contract for default may be effected without
completion of the formal proceedings expressed above.
A copy of all written actions or documents are to be provided by OPS to the user department.
The final decision and formal action shall be documented in writing within the contract folder for
future use in determining vendor responsibility in future award recommendations.
It is noted that OPS has initiated an automated vendor performance retention system wherein
OPS Contracting Officers can record performance issues, both positive and negative, subject to
retrieval via company name. Departments are urged to provide data in regards to vendor
performance to assist the County in completion of future vendor selection decisions.
20. BONDS AND INSURANCE
A. Bid/Proposal Bond or Guarantee
A deposit to guarantee the vendor's intention to enter into an agreement with the County based
on either a stated dollar value or a percentage of the bid or proposal dollar value may be required
by the County. If a bid/proposal deposit or bond is required, it shall be in the form and amount
specified in the solicitation.
B. Performance and Payment Bond
The County may require a performance and payment bond from the vendor selected for contract
award in such amount as may be deemed reasonably necessary to protect the best interests of the
County. The bond shall be in the foiin supplied by the County and in the amount required by the
solicitation. Unless otherwise specified, the vendor shall provide a confoiming bond within five
(5) working days of such request from the cognizant procurement representative. Award will be
withheld pending receipt of a conforming bond.
C. Other Bonding Requirements
Specific agreements may contain other types of bonding requirements Specific guidance in this
regard is to be included in the solicitation, and complied with by the vendor.
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D. Insurance
The County may require insurance coverage from the vendor selected for award as may be
deemed reasonably necessary to protect the best interest of the County. The insurance coverage
shall be in the form and amount(s) stated in the solicitation after appropriate coordination with
the County's designated personnel within the Human Resources Department. The vendor shall
provide evidence of insurabilility during the solicitation phase of the procurement and, unless
otherwise specified, shall provide a conforming certificate of insurance within five (5) working
days of such request from the designated procurement representative. Award will be withheld
pending receipt of a conforming certificate of insurance.
E. Submittal of Required Insurance Certificates and/or Bonds
Awards may be contingent upon submission of required insurance coverage certificates and/or
performance and payment bonds. If the vendor selected for award fails to fulfill these
requirements within the required time frames, the award recommendation to that vendor may be
rescinded, and a revised recommendation may be issued to the next vendor eligible for award.
The County may consider a vendor's failure to provide the required documentation in the
required timeframe as an indicator of non-responsibility under any future procurement action.
21. SPECIFIC GUIDANCE RELATING TO FTA PURCHASES
FTA-funded purchases must conform to the relevant directives included in FTA Circular
4220.1F. The following guidelines provide directions and continuations that apply to all
purchases (to include micro-purchases (defined by FTA as those below $ 3,000.00) funded by
the Federal Transportation Administration (FTA) in support of the County's public transportaton
program:
a. Standard of Conduct requirements addressing potential conflict of interest situations
applicable to County officers, agents, or Board members are set forth within Section
112.3143, Florida Statutes.
b. The County will ensure elimination or mitigation of any organizational conflict of interest
situation under any purchase action to include any FTA-finded purchases. One example
in this regard is ensuring that a vendor designing a construction project is excluded from
bidding for the actual construction of the project.
c. The County shall disclose information to FTA regarding any protest received under any
FTA-funded purchase, and provide status regarding resolution of any such protest. In
addition, FTA has developed an appeals process for reviewing protests of a recipient's
procurement decisions. Specific direction in regards to that appeal process is as folows:
Requirements for the Protester. The protester must qualify as an "Interested Party".
A subcontractor does not qualify as an "Interested Party" because it does not have a
direct economic interest in the results of the procurement. An established consortium,
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joint venture, partnership, or team that is an actual bidder or offeror and is acting in its
entirety, would qualify as an "Interested Party" because it has a direct economic
interest in the results of the procurement. An individual member of a consortium,joint
venture, partnership, or team, acting solely in its individual capacity, does not qualify
as an "Interested Party" because it does not have a direct economic interest in the
results of the procurement. An association or organization that does not perform
contracts does not qualify as an "Interested Party," because it does not have a direct
economic interest in the results of the procurement.
Exhaust Administrative Remedies. The protester must exhaust its administrative
remedies by pursuing the County's protest procedures to completion before appealing
the County's decision to FTA.
Appeal Within Five Days. The protester must deliver its appeal to the FTA Regional
Administrator for the region administering its project or the FTA Associate
Administrator for the program office administering its project within five (5) working
days of the date when the protester has received actual or constructive notice of the
recipient's final decision. Likewise, the protester must provide its appeal to the FTA
Regional Administrator for the region administering its project or the FTA Associate
Administrator for the program office administering its project within five (5) working
days of the date when the protester has identified other grounds for appeal to FTA. For
example, other grounds for appeal include the County's failure to have or failure to
comply with its protest procedures or failure to review the protest.
Extent of FTA Review. As provided in the Common Grant Rule for governmental
recipients, FTA will limit its review of third party contract protests to issues alleging
procedural failures on the part of the County in regards to the protest or violations of
federal, state, or local law or regulations.
d. All FTA-funded purchases shall be reviewed to ensure the most efficient and effective
approach is being utilized, to include avoidance of purchase of unnecessary or duplicative
items, completion of lease/purchase analysis, and structuring of solicitations to support
maximum competition and most economical pricing. Pre-qualification processes shall
not be utilized. All stated qualification requirements, to include corporate and individual
experience, shall be reasonable and necessary in nature, and directly related to the good
or service being purchased. Purchase quantities, to include those falling within micro-
purchase thresholds, shall not be split to avoid competition thresholds. Purchases
involving "brand name or equal" conditions shall be limited to situations wherein an
adequate specifications cannot be developed in an adequate time frame or manner, and
shall include salient characteristics of the brand name product. All FTA-funded
solicitations shall provide for solicitation of an adequate number of qualified sources, and
an adequate period of time for response by vendors, to allow for full consideration of
FTA-specific terms and conditions by all potential responding vendors. Bonding
requirements shall comply with Circular 4220 Section IV, 2.b.h.(1), and shall not be
excessive in nature. Contracts for construction, alteration, or repair at any contract tier
exceeding $2,000 to include provisions requiring compliance with the Davis-Bacon Act.
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e. FTA-funded purchases may include options to ensure the future availability of property
or services, based on ability to justify those options as needed for its public transportation
or project purposes. An option is a unilateral right in a contract by which, for a specified
time, a recipient may acquire additional equipment, supplies, or services than originally
procured. An option may also extend the term of the contract. Options are to be
evaluated on a technical and pricing basis during initial evaluation of vendor offers.
Exercise of such options shall be effected only after due diligence supporting the exercise
is completed and documented.
f. A "fair and reasonable" price determination must be completed for all purchases, to
include those falling within the micro-purchase thresholds established by FTA. All FTA-
funded purchases that are processed as formal purchases by the County the must be
supported by an independent cost estimate provided prior to issuance of any solicitation
for a specific purchase, or completion of any change order activity. All purchases at any
dollar value must include documentation that confirms fair and reasonable pricing was
attained for the given goods or services, and the basis therefor. All contract options
impacting on pricing shall be considered at the time of initial award evaluation. Cost or
pricing analysis shall be performed in conjunction with every procurement action
including modifications. Cost and profit analysis shall be performed in conjunction with
any sole source purchase or any purchase where adequate price competition was not
realized. All cost analysis performed shall be consistent with federal cost principles.
g. All vendors considered for award must be screened for sich eligibility via use of the
SAM/EPLS database. All foinial contracts shall contain remedies for breach of contract,
and clauses that provide for termination for default and termination for convenience. All
revenue contracts shall be awarded using competitive selection processes and procedures.
Time and Material contracts will only be used when no other type of contract is suitable.
Any such contract shall include a ceiling price that can not be exceeded without vendor
risk unless the value is increased via specific authorization. Use of cost-plus-percentage
of cost contracts is prohibited. Other specific directives for FTA-funded contracts
include:
1. All "design-bid-build" contracts shall fully comply with 49 USC 5325(d)(2). All
"design-build" contracts shall fully comply with Circular 4220.1F, VI, 3.h.
2. All puchase documents shall address federal statutory and regulatory requirements
associated with all relevant grant requirements.
3. All contracts shall include a provision giving hiring preference to veterans.
4. The contract term limitation, inclusive of options, for any contract for purchase of
rolling stock shall not exceed five (5) years ( seven(7) years for rail cars).
5. Advance payments are prohibited unless specifically approved by FTA. Progress
payments may only be made on the basis of costs incurred or percentage of
completion.
h. It is specifically noted that the Davis-Bacon Act applies to all FTA-funded construction
projects that involve an expenditure in excess of $2,000. Contracts for construction,
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alteration, or repair at any contract tier exceeding $2,000 shall include provisions
requiring compliance with the Davis-Bacon Act. Any solicitation for such effort shall
include and enforce the latest applicable wage determination aavailable at the time the
ITB is issued.
i. It is specifically noted that all FTA-funded purchases must comply with all elements of
the Buy America Act and related FTA provisions with regard to steel or manufactured
products. FTA-funded purchases of vehicles or other rolling stock, on either a direct
award or contract access basis, must fully comply with pre-award and post delivery audit
of compliance with all applicable Buy America requirements..
j. Except under unusual examples such as those expressed in Section 15.D.4, the County
will not allow or enable the addition of work beyond the initial contract scope that
constitutes a cardinal change to the contract. Equitable distribution shall be realized
under contracts or situations where competition is not obtained. One example in this
regard is multiple-award CCNA contracts.
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Manatee County
ARTICLE II. - PURCHASING OFFICIAL
FOOTNOTE(S):
--- (1) ---
Editor's note—Section 6 of Ord. No. 09-52, adopted July 28, 2009, retitled Art. II, Office of the
Purchasing Director, to read as herein set out.
Sec. 2-26-20. - Establishment and appointment, duties and authority.
(a) Purchasing official. There shall be a purchasing official appointed by the county
administrator, who shall have initial primary authority for oversight, interpretation and
application of this purchasing code, who shall be responsible for the procurement of
goods, services, and construction in accordance with this code, and who shall, along
with the county administrator, exercise such other duties and authority to award and
execute contracts as the board may delegate from time to time.
(b) Contract administration oversight. Notwithstanding any other provision of this Code, the
purchasing official shall have the authority to issue on behalf of the county demands for
specific performance, notices of breach or noncompliance, demands for cure, or any
other similar formal action related to any contract entered or negotiated by the
purchasing division. The purchasing official shall also have the authority to review and
approve requests of county departments to terminate any executory contract to
procure any good or service prior to its expiration date. In exercising this authority, the
purchasing official shall, where appropriate, seek relevant legal advice from the county
attorney's office.
(c) Authority to execute. All rights, powers, duties and authority relating to the procurement
and contracting of goods and/or services for the board of county commissioners,
including the authority to approve all purchases and sign those agreements, contracts,
change orders and purchase orders for the purchase of goods and/or services
governed by this chapter, provided they are in conformance with the law and all
applicable ordinances, resolutions and administrative policies, are vested in the
purchasing official. The purchasing official may execute contracts resulting from
quotations, proposal requests or invitations for bids for contract amounts below
Category Four regardless of the expiration of any protest period which may be
provided in this Code if that official finds such early execution is in the best interest of
the county. The purchasing official may, unless otherwise prohibited by law, delegate
the rights, powers, duties and authority granted herein to other county officials
designated to act for the purchasing official in his or her unavailability, or when the
purchasing official otherwise deems such delegation as necessary. To create a more
standard method of contract execution, procurement or concession contracts,
including those to be approved by the commission, shall as a matter of course be
drafted for execution by the purchasing official unless the county attorney's office
advises that the signature of the commission chairman or some other official is required
by law, the terms of a grant, or for similar reasons. Additionally, any contracts for
personal professional services to be provided to the county commission, or which will
report directly to the commission, and in which trust and confidence is of paramount
importance, including, but not limited to, contracts with a county administrator, county
attorney or lobbyist firms, shall be executed by the chairman. Notwithstanding any of
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the foregoing, the county commission reserves the right to reject and not ratify any
contract executed in violation of this subsection.
(Ord. No.08-43, § 1, 8-26-08; Ord. No. 09-52, § 7, 7-28-09; Ord. No. 11-43, § 4, 11-21-11)
Sec. 2-26-21. - Unauthorized purchases, ethical conduct, sanctions.
(a) Prohibition. Except as provided in this chapter, it shall be a violation of this chapter for
any county officer, employee, or other person, to knowingly and willingly order the
purchase of any goods, or make any contract for goods or services, sell, trade or
dispose of material within the purview of this chapter in the name of or on behalf of the
county, except as provided by policies of the board, and the county shall not be
bound by any purchase order or contract made contrary to the provisions herein.
(b) Ethical conduct and sanctions. In addition to any sanctions provided for in the county's
personnel policies or sections of this Code, any county employee who violates
subsection (a) above, or any statute concerning ethical conduct in procurement may,
when found by the county administrator (county attorney for employees of that office)
to have committed such violation, be required to forfeit all or any part of any accrued
leave balances he/she may otherwise have as of the date the violation is confirmed by
the relevant official. In determining whether such forfeiture shall be required, the
administrator or county attorney, as the case may be, shall consider the nature and
severity of the offense, the relative financial or legal harm to the county, the
employee's prior disciplinary record and whether the employee was in a managerial or
special trust position.
(Ord. No. 08-43, § 1, 8-26-08; Ord. No. 11-43, § 5, 1 1-21-1 1)
Secs. 2-26-22-2-26-29. - Reserved.
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*";0 0r
MANATEE COUNTY
PURCHASING DIVISION
Administrative
Standards & Procedures
Manual
Written Standards and Procedures
Approved by the County Administrator
Pursuant to §2-26-43 of the
Manatee County Code of Laws
Revised January 17, 2015
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
Table of Contents
I. PURPOSE &AUTHORIZATION 1
DELEGATED AUTHORITY 2
III. GENERAL PROVISIONS 3
IV. DETERMINATION OF PURCHASE TYPE 4
V. CATEGORY ONE: PURCHASES LESS THAN$5,000 1
VI. CATEGORY Two: PURCHASES $5,000.01 -$25,000 5
VII. CATEGORY THREE: PURCHASES $25,000.01 -$250,000 6
VIII. CATEGORY FOUR: PURCHASES $250,000.01 -$1,000,000 8
VIII. CATEGORY FOUR: PURCHASES $250,000.01 -$1,000,000 9
IX. CATEGORY FIVE: PURCHASES GREATER THAN $1,000,000 10
X. INVITATION To NEGOTIATE 12
XI. CONTRACT CONTINGENCY 18
XII. ENVIRONMENTAL AND ENERGY PRESERVATION REQUIREMENTS 20
XIII. MULTIPLE SOURCE CONTRACTING 21
Xiv. SOLE SOURCE & NONCOMPETITIVE PURCHASES 22
XV. EMERGENCY PURCHASES 26
XVI. PROPOSAL EVALUATION COMMITTEE GUIDELINES 27
XVII. POSTING AND NOTICE REQUIREMENTS 34
XVIII. CONTACTING INTERESTED VENDORS 38
XIX. VENDOR PERFORMANCE EVALUATION REPORTS 39
XX. FINANCIAL SYSTEM - IFAS PURCHASING SYSTEM 43
XXI. PURCHASING CARDS 44
EXHIBITS:
EXHIBIT A—POSTING MATRIX
EXHIBIT B—SOLE SOURCE/NONCOMPETITIVE PURCHASE REQUEST FORM
ii
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Manatee County
Purchasing Administrative Standards and Procedures Manual
r
PURPOSE AND AUTHORIZATION
Purpose: This manual is designed to establish purchasing standards and procedures for the
procurement of goods and services as called for by Chapter 2-26 of the Manatee County
Code.
Applicability: This manual shall govern the purchasing activity of all departments and
divisions under the Board of County Commissioners of Manatee County, Florida.
Effective Date: This policy shall take effect on August 10, 2009.
Approved:
,9
<.:1-__ / /
Ed Hunzeker,
County Administrator
Manatee County Government
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Manatee County
Purchasing Administrative Standards and Procedures Manual
Purpose: This is to memorialize a limited delegation of spending authority by the
Purchasing Official to specific staff of the Purchasing Division of the Financial
Management Department.
These designated Purchasing Division employees are reminded that they are accountable
for compliance to all of the requirements of Florida Law, Chapter 2-26 of the Manatee
County Code, and the Purchasing Administrative Standards and Procedures Manual. This
is an important consideration when exercising the authority delegated to them.
The Procurement Contracts and Buyer Manager is hereby delegated the authority to
approve source selections, to make purchases, and to sign contracts on behalf of the
County for purchases not exceeding Two Hundred Fifty Thousand Dollars ($250,000.00).
The staff employed in the positions of Contracts Negotiator, Contract Specialist,
Senior Buyer and Buyer are hereby delegated the authority to determine and document
source selections, and to make purchases on behalf of the County for purchases not
exceeding One Hundred Thousand Dollars ($100,000.00).
Effective Date: This policy shall take effect on August 2, 2012.
Approved:
Melissa M. Wendel, CPPO
Purchasing Official
Financial Management Department
Manatee County Government
4tAitt,t4
Jim Seuff
Director
Financial Management Department
Manatee County Government
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS& PROCEDURES MANUAL
III. GENERAL PROVISIONS
1. The solicitation and contracting authority provided herein requires strict compliance with
each and every requirement of the standards and procedures established in this Manual,
the Manatee County Purchasing Code, and any applicable provisions of State or Federal
law.
2. The policies provided in this part do not apply to the exceptions provided in the Manatee
County Code of Laws Chapter 2-26, Section 2-26-3 "Exclusions from this Ordinance".
3. The requesting department shall be responsible for initial development of all plans and
specifications sufficiently detailed to provide a basis for full and fair competitive bidding
upon a common standard and for the final review and approval of the terms and conditions
related thereto.
4. The availability of funds shall be confirmed prior to any transaction or execution of any
contract.
5. No contract shall be signed or transaction authorized for an amount in excess of Category
Three or for any purchase pursuant to an IFB or RFP until the source selected has been
announced and the time for filing an appeal has run.
6. The Purchasing Official shall conduct periodic reviews of the County's purchasing records
in all categories.
a. Where recurring purchases from all sources result in a significant expenditure,
consideration shall be given to acquiring such goods and services under a master or
term agreement. When goods and services are available under a master or term
agreement or through a central source, knowingly purchasing such goods and services
from other sources shall not be permitted.
b. The Purchasing Official shall advise the County Administrator of misuse, inappropriate
use or purchasing activities that are inconsistent with the purpose and intent under the
delegated authority provided in the Board's policies and any other requirement. The
County Administrator may provide further instruction, limit or restrict any delegated
authority, provide for the assignment of purchasing authority to other personnel, or take
such other actions as may be authorized under the County's personnel policies.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
IV. DETERMINATION OF PURCHASE TYPE
Select the type of purchase from the list below and go to the section of the procurement
procedures detailing the standards and procedures related to the specific type of purchase
being made.
Type of Purchase/Definition:
1. Category One: purchases totaling less than $5,000
Notation of three price quotations is standard practice with limited exceptions.
2. Category Two: purchases greater than $5,000 but not exceeding $25,000
Notation of three published price references or quotations is standard practice.
Requires approval of the source selection by the Purchasing Official.
3. Category Three: purchases greater than $25,000 but not exceeding $250,000
Three written price quotations by solicitation is standard practice.
Requires approval of the source selection by the Purchasing Official.
4. Category Four: purchases greater than $250,000 but not exceeding $1,000,000
Source selection based on written Invitations For Bids or Requests For Proposals is
standard practice. Requires approval of the source selection by the Purchasing Official.
5. Category Five: purchases greater than $1,000,000
Source selection based on written Invitations For Bids or Requests For Proposals is
standard practice. Requires Board approval of the purchase and authorization of the
execution of any resulting two party Contract.
6. Environmental and Energy Preservation Requirements
"Green Buying" efforts.
7. Multiple source contracting
A multiple source award is an award of an indefinite quantity contract for one or more
similar supplies to more than one bidder or proposer. Requires approval of the
Purchasing Official.
8. Emergency purchases
An emergency condition which requires immediate purchase of goods, services, or a
combination of goods and services. Requires approval of the Purchasing Official and the
County Administrator.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
V. CATEGORY ONE: PURCHASES LESS THAN $5,000
1. Intent: The intent of this procedure is to provide guidance pertaining to any purchase up
to $5,000.00. Certain public purchases do not justify the administrative time and expense
involved in the conduct of competitive sealed bidding. Simplified procedures build
efficiencies in securing commodities and services.
2. Competitive Quoting: Any purchase in Category One may be made by award of oral or
written quotation.
a. Quotations may be solicited orally or in writing by Internet, telephone, current catalogs
or brochures, newspaper ads, or similar sources. Award shall be made on the basis of
lowest quotation. All costs pertaining to the purchase, including delivery, service
charges, etc., shall be included prior to calculation of lowest quotation. Oral quotes must
be documented and maintained (see Section 3.a.i. below).
b. In the event the Client Department/Division has difficulty obtaining three quotations, all
attempts made to acquire the quotations shall be documented (see Section 3.a.ii.
below). Assistance may be requested from the Purchasing Division if necessary. In the
event a purchase order is necessary, the Purchasing Division may attempt to obtain
additional quotes on behalf of the Client Department/Division if deemed appropriate.
c. For any and all computer hardware and software purchases, including peripherals, prior
to ordering the Client Department/Division must first obtain approval from the
Information Technology Department, which will review the request for reasonableness,
compatibility, and coordination with the technology goals and objectives of the County.
i. Approval shall be in the form of specifications generated from the Information
Technology Work Order System. The Information Technology Department
provides these specifications to the Client Department/Division.
ii. The Client Department/Division shall obtain competitive quotes based on the
specifications provided. The Information Technology Department is not
responsible for obtaining competitive quotes for the Client Department/Division.
iii. In the event a purchase order is required, the Client Department/Division shall
submit both specifications and competitive quotes obtained to the Purchasing
Division as part of the Purchase Request.
3. Documenting Competition in Category One: Notation of price quotations on a Purchase
Requisition is the standard practice for all transactions exceeding $300.00. The Client
Department/Division shall document quotations on the Purchase Requisition with a brief
statement signed by the employee obtaining the quotes.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
V. CATEGORY ONE: PURCHASES LESS THAN $5,000
a. This documentation shall include a brief description of the commodities or services
quoted, names of the vendors solicited, the contact name of the vendor personnel who
provided the quotation, and the date and amount of each quotation.
i. Oral quotations shall be documented and shall include the information listed
above.
ii. In the event a vendor replies with a "no quotation", the reason(s) shall be
documented and shall include the information listed above. In the event of a no
response, the name of the vendor contacted and date shall be recorded.
b. This information shall be electronically documented on the IFAS PR Notes screen of the
Purchase Request, including quote information and the name of the employee who
obtained the quotes. This information does not print on the purchase order.
c. If payment is being made using a DEV or PCard, the supporting documentation shall be
physically maintained for audit purposes at the office of the Client Department/Division,
or a records retention facility, for a minimum of five (5) years, in accordance with the
Florida Department of State, Division of Library & Information Services, Records
Retention Scheduling and Disposition.
d. In the event a Purchase Order is being requested, supporting documentation shall be
forwarded to the Purchasing Division to be maintained for audit purposes.
4. Sourcing: Departments/Divisions may request written or electronic lists of vendors for
particular commodities, services or a combination of commodities and services from the
Purchasing Division if such assistance is needed. The Purchasing Division may utilize the
Manatee County Vendor Registry as a source for such lists.
Simplified procedures put an increased burden on Client Department/Divisions to exercise
discretion in making Category One purchases. Caution must be exercised to ensure
patterns of soliciting commodities and services from the same vendor do not develop.
Therefore, the department personnel shall fairly distribute the competitive and
noncompetitive opportunities to assorted area businesses.
5. Established Contracts: No transaction for Category One purchases shall be permitted
where the commodities and services are already available under a blanket contract that has
been entered into pursuant to the requirements established for Category Four or Category
Five contracts. A current list of blanket contracts is available on the iNet by clicking on the
following link: Blanket Purchase Orders.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
V. CATEGORY ONE: PURCHASES LESS THAN $5,000
6. Exceptions to the standard practice of obtaining quotations:
a. For purchases less than $300.00, the Department Director, or designee, is authorized
to proceed without obtaining competition when the administrative costs of such
competitive sourcing regularly exceed any benefits of securing the commodities or
services efficiently, or, after considering cost, need, time available and familiarity with
the market for the commodities or services to be acquired, that competition is not
required.
Transactions shall not be artificially divided into smaller purchase amounts. Notation of
three price quotations for purchases greater than $300.00 is required.
b. Noncompetitive purchases are the acquisition of commodities or services from a unique
source or provider based upon particular skills and expertise (example: standardization,
warranty, compatibility) where other competitive sources (suppliers) may be available.
These types of purchases are permitted when the Department Director, or designee,
using their technical expertise, determines (in writing) for each item or items required to
complete a specific purchase, it is advantageous to the County to waive competition
when the transaction exceeds $300, because the likely, non-speculative cost of
obtaining competitive quotes would exceed any potential savings and benefit to the
County.
Noncompetitive purchases for amounts greater than what is provided for by the PCard
must be authorized by the Purchasing Official, or designee.
c. Sole Source purchases are the acquisition of commodities or services where there is
only one available source for the required commodity or service (example: proprietary
software or equipment).
This type of purchase is permitted when the Department Director, or designee, using
his/her technical expertise, determines (in writing) for each item or items required to
complete a specific purchase, after conducting a good faith review of available sources,
that commodities or services are available only from a (single)sole source and therefore,
competition is not available for those specific purchases.
Sole Source purchases for amounts greater than what is provided for by the PCard must
be authorized by the Purchasing Official, or designee. As a general rule, sole source
purchases should be avoided to the greatest extent possible.
d. For prior competitive (low quote) purchases, the Client Department/Division may use
the same competition obtained from a prior purchase of the exact same item(s) within a
three month period of time, as long as the vendor honors the original quoted price.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
V. CATEGORY ONE: PURCHASES LESS THAN $5,000
7. Documentation Requirements for Exceptions: When a Client Department/Division
requests a purchase order for a commodity or service to be purchased using exception#6b
or #6c above, it shall include with such requests a Sole Source/Noncompetitive Request
form. The form serves as documentation to support the sole source/noncompetitive
transaction. The Department Director, or designee, shall execute the Request. Sole
Source/Noncompetitive Request forms for amounts greater than what is provided for by the
PCard must be authorized by the Purchasing Official, or designee, and are effective and
valid for one year from date of approval.
8. Certificates of Insurance: Vendors are required to have insurance to perform work on
County property. In the event a Client Department/Division uses a DEV or PCard for the
purchase of services, a copy of the certificate showing proof of coverage must be received
prior to commencement of any work, naming Manatee County, a political subdivision of the
State of Florida, as additional insured.
9. Mode of Payment: Category One purchases may be made through a PCard (within
established limits), Audit Slip, DEV (up to $500.00) or Purchase Order, as appropriate.
10.Form of Contract: When the Vendor requires a written agreement, the transaction shall
be completed by the Purchasing Division. Purchasing staff shall use the currently approved
Purchasing Division Purchase Order form. If the Vendor will not accept the terms of the
Purchase Order, the Purchasing Division shall negotiate the terms of an agreement
consistent with the terms and conditions developed and reviewed by the Purchasing Official
and the County Attorney.
11.Compliance: Accountability for compliance with Category One procedures is hereby
delegated to the Department Director.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
VI. CATEGORY TWO: PURCHASES $5,000.01 - $25,000
1. Contacting Interested Vendors: Departments may request written or electronic lists of
vendors for particular goods, services or combination of goods and services from the
Purchasing Division on an as needed basis.
2. Preparation of specifications is the responsibility of the requesting department, which may
request the assistance of the Purchasing Division. Specifications shall be sufficiently
detailed to provide a basis for full and fair competitive bidding upon a common standard,
and should be free from any restrictions which would have the effect of limiting competition.
3. Three written price quotations for purchases in Category Two shall be obtained from
published prices found in any media from which a hard copy can be retained, including but
not limited to price lists, advertisements, the Internet and original, faxed or e-mail
communications and shall include a brief description of the goods or services and the price.
This information may be provided by the department to the Purchasing Division for review
or it may be obtained by the purchasing staff.
4. The source selection shall be selected or approved by the Purchasing Official.
5. Limited Competition or Non-Competitive (Sole Source) Purchases. A source selection may
be made with limited or no competition when the Purchasing Official determines in writing,
after conducting a good faith review of available sources, that: 1)There is only one available
source for the required commodity or service or; 2) there are insufficient sources to provide
the required number of price quotations; or 3) the purchase is based on cooperative
contracts or solicitations with other governmental agencies, entities, or associations acting
on behalf of another governmental entity which provide reasonable competition.
6. Purchases may be divided into smaller individual purchase amounts to encourage Local
Economic Stimulus, unless otherwise prohibited by law.
7. Form of Transaction: The purchase of goods and services in Category Two may be
completed without a written contract using Purchasing Cards, Audit Slips or similar direct
payment processes.
8. Form of Contract: When the Vendor requires a written agreement the transaction shall be
completed by the Purchasing Division. Purchasing staff shall use the currently approved
Purchasing Division Purchase Order form. If the Vendor will not accept the Purchase Order
form, the Purchasing Division shall negotiate the terms of an agreement consistent with
terms and conditions developed and reviewed by the Purchasing Official and County
Attorney.
9. No contracts for Category Two purchases shall be permitted where the goods and services
are available under a contract that has been entered into pursuant to the requirements
established for Category Four or Category Five contracts.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS& PROCEDURES MANUAL
VII. CATEGORY THREE: PURCHASES $25,000.01 - $250,000
1. Purchases in Category Three shall be solicited by Requests for Quotations (RFQ),
Invitations for Bids (IFB) or Requests For Proposal (RFP). Each solicitation at a minimum
shall clearly state the County's requirements and basis for selection of a source. If
requested, the matter of terms, delivery, pricing and other options may be considered. The
quantity of responses to the solicitation shall meet the minimum requirements for the
category of purchase undertaken. In the absence of a sufficient number of responses, the
file will include a description of the steps taken to secure competition and with the approval
of the Purchasing Official, the purchase may be made.
2. Contacting Local Business: Manatee County has an interest in a fair distribution of
competitive opportunities for all Local Business as defined by § 2-26-6 of the Manatee
County Code. The current definition of Local Business as this Ordinance may be amended
at the time of the purchase shall prevail.
3. Those who have delegated authority to make Category Three purchases pursuant to
informal solicitation procedures as established in this Manatee County purchasing
standards and procedures manual, shall first locate, identify and consider Manatee County
vendors by reviewing centralized lists, the Internet searches, advertisements, or other
means.
4. Guidelines for solicitations:
a. The standard number of Vendors to be solicited, based upon the projected cost of the
purchase are as follows:
Three Vendors for purchases of$25,000 to $100,000
Five Vendors for purchases of$100,000.01 to $250,000
b. Purchasing staff are encouraged to use all identified Local Business for the specific
product or service. The Manatee Chamber of Commerce web site may be used to post
solicitations.
c. Purchasing staff may include a qualification in the solicitation that to be considered for
award, the vendor must meet the current definition of a Local Business as may be
established by the Manatee County Board of County Commissioners.
d. All requirements which may necessitate Local Business involvement in a subcontractor
capacity shall be considered when developing the specifications and qualifications for
the solicitation.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
VII. CATEGORY THREE: PURCHASES $25,000.01 - $250,000
5. Statutory exception for specific construction projects: Florida Statute §255.0525
mandates that specific construction projects with estimated construction costs in excess of
the stated statutory amounts be competitively bid with public announcement of such bids in
newspapers, and minimum times that these bids shall be open for competition.
6. Administrative Exception: When the authorized purchaser in consultation with the County
Administrator shall determine, based upon familiarity with the market, including unsolicited
quotes or proposals, and any prevailing budgetary constraints that the price or quality are
not competitive, the Purchasing Official may direct that unrestricted competition shall be
sought for that purchase. This determination shall be documented and maintained with the
record of the purchase.
7. Specifications: Preparation of specifications is the responsibility of the requesting
department in coordination with the Purchasing Division. The Purchasing Division may
recommend modifications or alterations to a specification to permit competitive bidding.
The requesting department shall review and approve or may explain why the recommended
changes are not acceptable.
8. The source selection shall be selected or approved by the Purchasing Official.
9. Limited Competition or Non-Competitive (Sole Source) Purchases. A source selection may
be made with limited or no competition when the Purchasing Official determines in writing,
after conducting a good faith review of available sources, that: 1)There is only one available
source for the required commodity or service or; 2)there are insufficient sources to provide
the required number of price quotations; or 3) the purchase is based on cooperative
contracts or solicitations with other governmental agencies, entities, or associations acting
on behalf of another governmental entity which provide reasonable competition.
10.Purchases may be divided into smaller individual purchase amounts to encourage Local
Economic Stimulus, unless otherwise prohibited by law.
11.Form of Contract: The purchase of goods and services in Category Three shall be pursuant
to a purchase order issued by the Purchasing Official or a contract consistent with contract
terms and conditions developed and reviewed by the Purchasing Official and County
Attorney.
12.No contracts for Category Three purchases shall be permitted where the goods and
services are available under a contract that has been entered into pursuant to the
requirements established for Category Four or Category Five contracts.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
VIII. CATEGORY FOUR: PURCHASES $250,000.01 - $1,000,000
1. Preparation of specifications is the responsibility of the requesting department in
coordination with the Purchasing Division. The Purchasing Division may recommend
modifications or alterations to a specification to facilitate competitive bidding. The
requesting department shall review and approve or may explain why the recommended
changes are not acceptable.
2. Purchases in Category Four shall be solicited by written Invitations for Bids (IFB) or
Requests for Proposals (RFP).
3. All Bids or Proposals in Category Four shall be publicly announced and documents shall be
placed on the Manatee County web site under the Purchasing Division tab for all public to
obtain electronic copies, and on the Manatee County Chamber of Commerce web site. In
addition, those documents shall be made available to other local business organizations
whose purpose is to further business opportunities for Manatee County businesses.
4. Additional distribution of Bids or Proposals may be undertaken-on a third party Internet
service or with other local business organizations whose purpose is to further business
opportunities for Manatee County businesses.
5. Limited Competition or Non-Competitive (Sole Source) Purchases. A source selection may
be made with limited or no competition when the Purchasing Official determines in writing,
after conducting a good faith review of available sources, that: 1) There is only one available
source for the required commodity or service or; 2) there are insufficient sources to provide
the required number of price quotations; or 3) the purchase is based on cooperative
contracts or solicitations with other governmental agencies, entities, or associations acting
on behalf of another governmental entity which provide reasonable competition.
6. Purchases may be divided into smaller individual purchase amounts to encourage Local
Economic Stimulus, unless otherwise prohibited by law.
7. Form of Contract: The purchase of goods and services in Category Four shall be engaged
by the use of a standard purchase order or a contract using terms and conditions developed
and reviewed by the Purchasing Official and County Attorney.
8. The Purchasing Official is hereby delegated the authority to make purchases and to sign
contracts on behalf of the County for purchases not exceeding the maximum amount
established for Category Four.
9. Announcement Period: No contract shall be signed or transaction authorized for this
category or for any purchase pursuant to an RFP or IFB until the source selected has been
announced and the time for filing an appeal has run (seven calendar days).
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
VIII. CATEGORY FOUR: PURCHASES $250,000.01 - $1,000,000
10.Withdrawal of Offers Vendors may withdraw offers as follows:
a. Mistakes discovered before the opening of a solicitation may be withdrawn by written
notice from the vendor submitting the offer. This request must be received in the office
designated for receipt of offers in the solicitation document prior to the time set for
delivery and opening of the offers. A copy of the request shall be retained and the
unopened offer returned to that vendor.
b. After the responses to a solicitation are opened or a selection has been determined, but
before a contract is signed, a vendor alleging a material mistake of fact may be permitted
to withdraw their offer if: (1) the mistake is clearly evident on the solicitation document;
or (2) the vendor submits evidence which clearly and convincingly demonstrates that a
mistake was made. Request to withdraw an offer must be in writing and approved by
the Purchasing Official.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
IX. CATEGORY FIVE: PURCHASES GREATER THAN $1,000,000
1. Preparation of specifications is the responsibility of the requesting department in
coordination with the Purchasing Division. The Purchasing Division may recommend
modifications or alterations to a specification to facilitate competitive solicitations. The
requesting department shall review and approve or may explain why the recommended
changes are not acceptable.
2. Purchases in Category Five shall be solicited by written Invitations For Bids (IFB) or
Requests For Proposals (RFP).
3. All Bids or Proposals in Category Five shall be publicly announced. Documents shall be
placed on the Manatee County web site under the Purchasing Division tab for all public to
obtain electronic copies and on the Manatee County Chamber of Commerce web site.
Additional distribution of Bids or Proposals may be on a third party Internet service or with
other local business organizations whose purpose is to further business opportunities for
Manatee County businesses.
4. Limited Competition or Non-Competitive (Sole Source) Purchases. A source selection may
be made with limited or no competition when the Purchasing Official determines in writing,
after conducting a good faith review of available sources, that: 1)There is only one available
source for the required commodity or service or; 2) there are insufficient sources to provide
the required number of price quotations; or 3) the purchase is based on cooperative
contracts or solicitations with other governmental agencies, entities, or associations acting
on behalf of another governmental entity which provide reasonable competition. Limited
Competition or Non-Competitive Purchases greater than $1,000,000 must be presented to
the Board of County Commissioners for authorization to proceed.
5. Selection of the Top Ranked Proposer(s) for an agreement which is in the amount of
Category Five: The proposer(s) whose ability and proposal is determined to be the most
advantageous to the County, based upon all the evaluation factors set forth in the Request
for Proposal, shall be communicated to the County Administrator prior to the Purchasing
Official authorizing negotiations of an agreement for the goods and services set forth in the
solicitation.
6. When the County Administrator finds that the economic, legal, political or financial aspects
of the proposed agreements warrant, the County Administrator may direct staff to present
specific proposal recommendations to the Board of County Commissioners.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
IX. CATEGORY FIVE: PURCHASES GREATER THAN $1,000,000
7. Execution of a Negotiated Contract. The Board of County Commissioners shall consider a
negotiated agreement in an amount of Category Five and determine whether to:
a. continue negotiations;
b. accept or reject a recommended contract; or
c. take other appropriate action as may be in the best interests of the County, including
negotiations with other proposer(s).
8. Form of Contract. The purchase of goods and services in Category Five shall be pursuant
to a purchase order issued by the Purchasing Official or by a contract with terms and
conditions developed and reviewed by the Purchasing Official and County Attorney which
is authorized to be executed by the Board of County Commissioners.
9. Announcement Period. No contract shall be signed or transaction authorized for this
category or for any purchase pursuant to an IFB or RFP until the source selected has been
announced and the time for filing an appeal has run (seven calendar days).
10.Withdrawal of Offers Vendors may withdraw offers as follows:
a. Mistakes discovered before the opening of a solicitation may be withdrawn by written
notice from the vendor submitting the offer. This request must be received in the office
designated for receipt of offers in the solicitation document prior to the time set for
delivery and opening of the offers. A copy of the request shall be retained and the
unopened offer returned to that vendor.
b. After the responses to a solicitation are opened or a selection has been determined, but
before a contract is signed, a vendor alleging a material mistake of fact may be permitted
to withdraw their offer if: (1) the mistake is clearly evident on the solicitation document;
or (2) the vendor submits evidence which clearly and convincingly demonstrates that a
mistake was made. Request to withdraw an offer must be in writing and approved by
the Purchasing Official.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
X. INVITATION TO NEGOTIATE
1. Intent: The intent of this procedure is to define the Invitation to Negotiate (ITN) solicitation
method, provide guidance as to when this solicitation method is appropriate for use, and to
identify the responsibilities of the Client Department/Division and the Purchasing Division.
2. Definitions:
a. Invitation to Negotiate: An ITN is a competitive negotiation process that is used when
the Purchasing Official deems it is in the County's best interest to negotiate with one or
more proposers to achieve "best value". It is a form of source selection that is similar to
the Request for Proposal (RFP) process in which a short list of acceptable proposers is
created; however, two negotiation strategies are available: single and concurrent
negotiations.
The primary difference between the RFP and ITN process is that the ITN process allows
for negotiation of the agreement terms and conditions, as well as the requirements in
the scope of work. There is an assumption that negotiations will entail an exchange of
ideas and methods concerning how to best deliver the commodity or service, and that a
likely outcome of this exchange will result in changes to either the original scope of work
or to the proposer's response.
The ITN process provides greater flexibility than an RFP. It allows both parties to more
easily correct errors during the process, consider innovative solutions, and adjust
requirements and offers to meet the County's goals and provide the best value.
b. Single Negotiation Strategy: When the single negotiation strategy is used, the County
shall begin negotiations with the top proposer first, and if an agreement is not reached,
the County shall commence negotiations with the other proposers in successive order
until an agreement is reached.
c. Concurrent Negotiation Strategy: When the concurrent negotiation strategy is used,
the County shall begin negotiations simultaneously with each of the proposers until an
agreement is reached that provides best value to the County.
3. Appropriate Uses: This formal, competitive solicitation method is intended to determine
the best method for achieving a specific goal or solving a particular problem and to identify
one or more responsive vendors with which the County may negotiate in order to receive
the best value. The ITN solicitation method is useful when the County determines that best
value will be obtained by holding discussions with the top respondents; where the County
would benefit from giving respondents the opportunity to improve their initial offers; or where
modification of the County's initial requirements to more closely match the offerings and
capabilities of proposers is most advantageous.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
X. INVITATION TO NEGOTIATE
4. Justification: A written justification for an ITN must be approved prior to issuing the ITN.
The process in which ITN solicitations are approved for use is as follows:
a. The Client Department/Division shall submit a department memo for an ITN to the
Purchasing Division, including the reasons why an ITN would be the best solicitation
method used for the purchase, as opposed to an Invitation for Bid (IFB) or a RFP.
b. The Purchasing Official will review the request for an ITN and approve if it is deemed
the best method of procurement for the commodity or service requested.
c. An ITN may also be suggested by the Purchasing Official, if deemed an appropriate
procurement method for a specific project.
5. Client Department Responsibilities:
a. Submit a department memo to the Purchasing Division requesting the development of
an ITN.
b. Develop the specifications or scope of work and requirements for the commodity or
service requested. Describe the questions being explored, the facts being sought,
and/or the specific goals or problems that are the subject of the solicitation.
c. Determine the minimum qualifications that must be met by proposers in order to be
considered.
d. Develop and define evaluation criteria to be used in the evaluation process. The criteria
will be used to determine the acceptability of the reply and guide the selection of the
proposer(s) with which the County will negotiate.
e. Develop a list of known vendors, if any, which can be directly solicited by the Purchasing
Division with notice of the ITN's availability.
6. Purchasing Division Responsibilities:
a. The Purchasing Official shall review the initial request for an ITN and determine whether
it is the best solicitation method based on the information provided by the Client
Department/Division.
b. If the Purchasing Official approves the ITN solicitation method, a recommendation shall
be made to the County Administrator for appointment of an Evaluation Committee
(reference procedure XV. Proposal Evaluation Committee Guidelines of this manual).
Once the Evaluation Committee has been appointed by the County Administrator, any
meeting of such committee must be held in accordance with Sunshine Law.
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ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
X. INVITATION TO NEGOTIATE
c. The Purchasing professional will work with the Client Department/Division to finalize
evaluation criteria, solicitation document requirements and timeline. This is crucial to a
successful ITN, as this is where the Client Department/Division detects and corrects any
misunderstandings prior to release of the solicitation.
d. Finalize ITN document for announcement, as follows:
i. Schedule information conference, if applicable.
ii. Inform all potential respondents that submitting a reply constitutes agreement to:
negotiate and abide by the agreement terms and conditions, and if negotiations are
successful, to fulfill the obligations of the scope of work or services. Proposers
should submit replies with the knowledge that the successful proposal(s)will become
subject to the terms, conditions, and obligations outlined in the competitive
solicitation, which are subject to negotiation, upon execution of an agreement.
iii. Utilize the Vendor Registry to enhance the Client Department/Division's sourcing list
of known vendors that can be solicited with notice of the ITN's availability.
e. Announce the solicitation to the list of vendors identified by the Client
Department/Division, the vendors located within the Vendor Registry, and any other
means deemed appropriate by the Purchasing professional.
f. Prepare a Request for Legal Services (RLS) requesting the County Attorney's Office
(CAO) to begin development of the agreement draft.
g. Schedule and conduct opening of all sealed offers on scheduled date and time.
7. Evaluation Process: The Evaluation Committee shall evaluate replies against all
evaluation criteria set forth in the ITN in order to establish a competitive range with which
to commence negotiations.
a. In compliance with Florida Statute 286.011, under no circumstances are individual
Evaluation Committee members allowed to communicate with each other, whether
verbally or in writing, anything concerning the ITN or its responses outside of the
scheduled and publicly noticed Evaluation Committee meetings (reference procedure
XV. Proposal Evaluation Committee Guidelines of this manual).
b. Due to the nature of the ITN solicitation method, material changes to what is proposed
are allowed to be considered, as the reason for using an ITN is to determine the best
method to achieve the best value. Factors used for the award decision may include
items such as vendor experience, project plan, design features of the commodity
offered, scope of the services to be provided, benefit to the community, reduction of
indirect costs, etc.
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ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
X. INVITATION TO NEGOTIATE
c. The Evaluation Committee will make a recommendation to the County Administrator as
to the proposer or proposers in which the County should enter into negotiations.
8. Negotiations: The Purchasing Division shall lead the negotiation sessions with the
vendor(s) selected by the Evaluation Committee and approved by the County Administrator.
a. The vendor(s) selected for the short list will continue in the evaluation process, which
may involve vendor presentations, site visits, oral presentations or interviews, inspection
of the vendor's facilities, additional written information, internal staff analysis and
presentations, feedback from outside consultants, discussions with the vendors about
their capabilities, and any other information deemed helpful to more fully evaluate the
vendor.
b. After negotiations have been completed following the initial evaluation, the short-listed
vendors will be given_a_deadline for submission of a "best and final offer" (BAFO).
c. The Purchasing Division will review and evaluate the BAFO, solicitation response, and
take into account all information gained from any site visits, vendor presentations,
vendor management team interviews, inspection of the vendor's facilities, and
discussions with the vendors about their capabilities according to the evaluation criteria
contained in the ITN.
d. The Purchasing Division shall involve and seek advice from the CAO during the process
as needed.
9. Negotiation Sessions: The negotiation process is intended to establish the principle terms
and conditions of an agreement and ensure that the County obtains the best value.
a. During the negotiation phase, the meetings between the vendor and the County's
representatives are exempt from the public meetings requirements of Section
286.0113 (2)(a)2.(b)1., Florida Statutes.
b. Negotiation strategy meetings of the County's representatives are exempt from the
public meetings requirements by Section 286.0113(2)(a)(b)2., Florida Statutes.
c. The Purchasing Division will make a complete recording of any portion of exempt
meetings, and maintain a copy of same in the file.
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ADMINISTRATIVE STANDARDS& PROCEDURES MANUAL
X. INVITATION TO NEGOTIATE
d. Negotiations occur in three parts, as follows:
i. Part One — The negotiation process starts with an initial meeting with the short-
listed vendors. Topics addressed are any lack of clarity or shortcoming of the
initial offer. The outcome of this meeting is a plan for the vendor to submit a
revised offer for consideration, with changes tracked to be followed by a meeting
in Part Two. The outcome of Part One may include issuing an addendum,
clarifying, or amending County requirements.
When beginning negotiations, the opening session should begin with
introductions of representatives from both sides. The agenda should be
distributed and read, ensuring that all are in agreement. Ground rules shall be
communicated. As part of the introduction, each team should present a brief
overview of their presentations and goals for the session. The vendor should
then present its offer, clarifying-any questions that are posed for technical and
commercial items.
ii. Part Two—The purpose of these negotiation meetings is to consider the vendor's
revised responses, as well as any revised County requirements issued by
addendum. This part includes a series of revised responses and requirements,
and discussion of them. Every section of County's requirements and the vendor's
responses should be reviewed, rather than only discussing noticeable issues
team members may have identified.
County should communicate its position, and then assess the vendors' response
and flexibility. Problem resolution should be addressed at this time. County
needs to understand the position of the vendor, and make any adjustment to its
expectations. Adjustments should be made by restating County's position and
objectives as necessary during the negotiation processes, looking for
alternatives. In an effort to resolve the issues, County should emphasize the
areas where there is agreement; focus on interests, not positions. Remember to
keep options open.
iii. Part Three — Negotiations in Part Three usually consist of one negotiation
meeting, where County reviews the vendors' BAFO's, and if appropriate, the
vendors amend the responses for the last time. Everything should be captured
in writing.
Once County has an agreement that satisfies all parties and addresses critical
business requirements of the Client Department/Division, and presents best
value to County, or has reached an impasse with all vendors invited for
negotiations, the negotiation phase is complete.
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X. INVITATION TO NEGOTIATE
e. After negotiations are conducted, the Evaluation Committee shall recommend award
of the agreement to the responsible and responsive proposer that the County
determines will provide the best value, based on the selection criteria.
10.Negotiation Impasses: If negotiations have reached an impasse with all vendors invited
to negotiate, the County has the option to reject all offers and cancel the ITN, to reject all
offers and reissue the ITN, or to use some other procurement method.
11.Notice of Intent: No agreement shall be signed or transaction authorized for any purchase
pursuant to an ITN until the source selection has been announced and the time for filing an
appeal has run. The Purchasing Division is responsible for preparing a notice of intent to
award an agreement, as modified in negotiations of the ITN, to the vendor(s) who provide
the best value to County. This notice of intent is posted on mymanatee.org and physically
in the public area of the Purchasing Division.
12.Award: The agreement shall be executed by the County Administrator, or designee. For
purchases in Category Five, the Board of County Commissioners shall execute the
agreement. The agreement for a vendor selected through an ITN must contain an intent to
award that explains the basis for the selection of the vendor and that sets forth the vendor's
deliverables and compensation terms, pursuant to the agreement, along with an
explanation of how these terms provide the best value to the County.
13.Public Record: Offers are subject to disclosure thirty (30) days after the opening or if a
notice of intent to award is made earlier than this time as provided by Florida Statute
119.071. In the event all offers are rejected and notice of intent to reissue the ITN is
provided, the recording and all records presented at the exempted meeting remain exempt
until notice of an intended decision concerning the reissued ITN or withdrawal of the
reissued ITN, not to exceed twelve (12) months after the initial notice rejecting all offers.
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ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
XI. CONTRACT CONTINGENCY
1. Intent: The intent of this procedure is to define the process used to identify and apply
Contract Contingency as it relates to Contracts for construction; remodel, repair, or
maintenance to an existing County facility, structure, or other public construction or works;
and to provide guidance pertaining to the appropriate use of such funds. Contract
Contingency replaces the practice formerly known as Discretionary, where a line item was
placed on the Bid Form that represented ten percent of the total project cost, which was
reserved as contingency allowance to expedite minor changes in the Contract costs not
associated with a change in scope.
2. Definitions:
a. Contract Contingency: A Contract Contingency is defined as a monetary allowance
which is part of the total sum of the Contract.
b. Field Directive: A Field Directive is defined as a written order issued by an authorized
County Representative which approves changes in the Work, but does not involve a
change in the initial Scope of Work, including the Contract price and the Contract time.
3. Appropriate Uses: Appropriate uses of Contract Contingency funds include the following:
a. Increases to existing bid item quantities that do not change the initial Scope of Work,
which may be directed by staff;
b. Modification items not originally bid which were unforeseen yet necessary during the
construction to provide a safe, complete project and that do not change the initial Scope
of Work; and
c. Unanticipated conflicts and/or design changes required during construction which are
necessary to provide a safe, complete project and that do not change the initial Scope
of Work.
4. Inappropriate Uses: Inappropriate uses of Contract Contingency funds include the
following:
a. Anything that changes the initial Scope of Work, including the Contract price and
Contract time; and
b. Adding bid items that were not previously contemplated that change the initial Scope of
Work.
5. Process:
a. Contract Contingency funds shall be calculated based on a percentage of the Vendor's
Total Base Bid, not to exceed 10%;
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XI. CONTRACT CONTINGENCY
b. A Field Directive must be issued by an authorized County Representative to authorize
use of Contract Contingency funds;
c. Funds shall be budgeted by the Client Department/Division at the time the requisition is
submitted to the Purchasing Division based on the estimated cost of the project, plus a
percentage for Contract Contingency, not to exceed 10%. When the Client
Department/Division submits a requisition to the Purchasing Division, the requested
percentage for Contract Contingency shall be included. The Client Department/Division
should consider factors specific to the project when determining the requested
percentage;
d. Any percentage requested that is greater than 10% requires written approval from the
Financial Management Director, or designee. Approval must be obtained prior to
submitting a requisition to the Purchasing Division, and shall be included with the
requisition. Written approval may be in the form of a departmental memo or email; and
e. The percentage for Contract Contingency shall be listed in the solicitation on the Bid
Form. Vendor shall enter the amount for Contract Contingency based on the percentage
of their Total Base Bid.
6. Notice of Intent: When a Notice of Intent is issued, the Notice shall specifically state the
Vendor's Total Base Bid in addition to the percentage and corresponding amount for
Contract Contingency, as illustrated in the following example:
"Authorization to award IFB# , Title of Bid, to the lowest, responsive, and responsible
bidder, Name of Bidder, for a Total Base Bid of$ based on calendar days,
plus an allowance of % of the Total Base Bid amount to be used as Contract
Contingency, for a Total Contract Award not to exceed $
7. Form of Motion: When a Contract Award is recommended, the form of motion (if Board
approval is needed) shall specifically state the Vendor's Total Base Bid in addition to the
percentage and corresponding amount for Contract Contingency, as illustrated in the
following example:
"Authorization to award IFB# , Title of Bid, to the lowest, responsive, and responsible
bidder, Name of Bidder, for a Total Base Bid of$ based on calendar days,
plus an allowance of % of the Total Base Bid amount to be used as Contract
Contingency, for a Total Contract Award not to exceed $ ."
8. Project Completion: Upon completion of a project, the Client Department/Division shall
subtract and disencumber any unused funds in accordance with approved Client
Department/Division and Purchasing procedures (i.e. submission of final change order
and/or final pay application).
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XII. ENVIRONMENTAL AND ENERGY PRESERVATION REQUIREMENTS
1. General. Manatee County has an interest in making purchases that preserve the
environment and energy as defined by § 2-26-8 of the Manatee County Code.
2. When developing any procurement standards or procedures or when engaging in any
procurement activities including but not limited to:
a. Developing bid specifications or proposal requests;
b. Designing projects for construction; or
c. Specifying goods to be purchased.
The County Administrator and Purchasing Official shall make efforts, within authorized
budget limits, to ensure that those activities address and embrace the goals of preservation
of natural resources, reduction of environmental impact, and increasing energy efficiency.
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ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
XIII. MULTIPLE SOURCE CONTRACTING
1. General. A multiple source award is an award of an indefinite quantity contract for one or
more similar supplies to more than one bidder or proposer.
2. Limitations on Use. A multiple source award may be made when award to two or more
bidders or proposer(s) for similar products is necessary for adequate delivery, service, or
product compatibility. Multiple source awards shall not be made when a single award will
meet the County's needs without sacrifice of economy or service. Any multiple awards shall
be limited to the least number of suppliers necessary to meet the requirements of the
County.
3. Contract and Solicitation Provisions. All eligible users of the contract shall be named in the
resulting contract(s), and the actual requirements of such users that can be met under the
contract shall be obtained in accordance with the contract, provided that:
a. the County shall reserve the right to take bids separately if a particular quantity
requirement arises which exceeds its normal requirement or an amount specified in the
contract; and
b. the County shall reserve the right to take bids separately if the Purchasing Official
approves a finding that the supply or service available under the contract will not meet
a nonrecurring special need of the County.
4. Intent to Use. If a multiple source award is anticipated prior to issuing a solicitation, the
County shall state in the solicitation the right to make such an award and the criteria of
determining such an award.
5. Determination Required. The Source Selection documentation shall include a written
determination setting forth the reasons for a multiple source award, which shall be made
part of the procurement file.
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ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
XIV. SOLE SOURCE & NONCOMPETITIVE PURCHASES
Intent: The intent of this procedure is to define Sole Source and Noncompetitive purchases
and to provide guidance for processing these types of transactions.
1. Definitions:
a. Sole Source Purchase: Sole Source purchases are the acquisition of commodities or
services where there is only one available source for the required commodity or service
(example: proprietary software or equipment, copyright).
Sole Source purchases are permitted when the Purchasing Official, or designee,
determines for each item or items required to complete a specific purchase, after
conducting a good faith review of available sources, that commodities or services are
available only from a (single) Sole Source and therefore, competition is not available for
those specific purchases.
A request for a proprietary commodity or service does not justify a Sole Source purchase
if there is more than one potential supplier for the item, and the County is not already
committed to using the proprietary commodity or service. As a general rule, Sole Source
purchases should be avoided to the greatest extent possible.
In the event a Sole Source purchase is unavoidable, the Purchasing Division may
negotiate with a Sole Source vendor for the best price.
b. Noncompetitive Purchase: Noncompetitive purchases are the acquisition of
commodities or services from a unique source or provider based upon particular skills
and expertise (example: standardization, warranty, compatibility) where other
competitive sources (suppliers) may be available.
Noncompetitive purchases may be permitted when the Purchasing Official, or designee,
determines the likely, non-speculative cost of obtaining competitive quotes would
exceed any potential savings and benefit to the County; or upon a determination that
the acquisition of the goods or services should be provided by a unique source or
provider based upon particular skills and expertise; or that a competitive process would
result in a significant financial loss to the County.
2. Justification for Sole Source & Noncompetitive Purchases: These types of purchases
are permitted when the Purchasing Official, or designee, determines it is advantageous to
waive competition based on adequate justification. Justification for Sole Source and
Noncompetitive purchases must be documented by the Client Department/Division and
approved by the Purchasing Division. Documentation shall be by execution of a Sole
Source/Noncompetitive Purchase Request form (refer to Exhibit B), except as set forth in
Category One purchasing procedures.
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ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
XIV. SOLE SOURCE & NONCOMPETITIVE PURCHASES
Acceptable justifications must support the basis for a Sole Source or Noncompetitive
purchase. The following are representative examples of appropriate basis for determination
of Sole Source or Noncompetitive purchases:
a. The commodity or service is wanted for experimental trials, pilots and/or testing.
b. The commodity is a component, repair, or replacement part of existing equipment for
which no commercially available substitute exists and the purchase can be made only
from the manufacturer or sole distributor.
c. The compatibility of equipment, accessories or replacement parts is of paramount
importance.
d. Additional, unanticipated commodities or services are needed to complete an ongoing
task.
e. Delivery date is a factor and only one vendor can meet the time constraints.
f. The commodity is being purchased for resale.
g. The commodity is being purchased from or sold to another government entity.
h. The source of service is a monopoly (such as a utility or transport provider).
i. Grant funds are available and must be used in a time frame that does not allow for
competitive bidding.
j. The likely, nonspeculative cost of competitive purchasing would exceed any potential
savings and benefit to the County.
1. Documentation Requirements for Sole Source/Noncompetitive Purchase Request
Forms: When a Client Department/Division requests a Sole Source or Noncompetitive
purchase for a commodity or service, it shall include with such requests the Sole
Source/Noncompetitive Purchase Request form and all supporting backup to document the
Sole Source or Noncompetitive transaction. Supporting backup shall include the following:
a. A Sole Source letter from the vendor on company letterhead; OR
b. A manufacturer's or distributorship letter, on company letterhead, stating the vendor is
the only authorized dealer locally; AND
c. The quote obtained for the commodity or service being purchased.
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XIV. SOLE SOURCE & NONCOMPETITIVE PURCHASES
2. Sole Source/Noncompetitive Purchase Request Form Approval: When a Client
Department/Division requests a purchase order for a commodity or service to be purchased
via a Sole Source or Noncompetitive purchase, it shall include with such requests a Sole
Source/Noncompetitive Purchase Request form (refer to Exhibit B). The form and all
supporting backup serves as documentation to support the Sole Source or Noncompetitive
transaction.
a. For transactions in Categories One and Two, the Division Manager may approve the
Sole Source/Noncompetitive Purchase Request form. Once approved at the
department level, the form shall be forwarded to the Purchasing Division for final
approval by the Contracts Negotiator, Contract Specialist, Senior Buyer, or Buyer, as
appropriate.
b. For transactions in Category Three, the Sole Source/Noncompetitive Purchase Request
form must be approved by the Department Director, or designee. Once approved at the
department level, the form shall be forwarded to the Purchasing Division for final
approval as follows:
i. For transactions up to $100,000, the form may be approved by the Contracts
Negotiator, Contract Specialist, Senior Buyer, or Buyer, as appropriate.
ii. For transactions greater than $100,000 but less than $250,000, the form must be
approved by the Contracts/Buyer Manager.
c. For transactions in Category Four, the Sole Source/Noncompetitive Purchase Request
form must be approved by the Department Director, or designee. Once approved at the
department level, the form shall be forwarded to the Purchasing Division for final
approval by the Purchasing Official, or in the case of a Noncompetitive purchase,
approval by the Board of County Commissioners.
d. For transactions in Category Five, the Sole Source/Noncompetitive Purchase Request
form must be approved by the Department Director, or designee. Once approved at the
department level, the form shall be forwarded to the Purchasing Division for final
approval by the Board of County Commissioners.
3. Effective Term: Upon final approval, the Sole Source/Noncompetitive Purchase Request
form is effective and valid for one year from date of approval, as long as one of the following
conditions exist:
a. The Sole Source/Noncompetitive Purchase Request form must be for the same
commodity or service. Quantities may vary, but all other conditions must be the
same.
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XIV. SOLE SOURCE & NONCOMPETITIVE PURCHASES
b. In the event a Sole Source/Noncompetitive Purchase Request form is used for
particular equipment that may require numerous parts throughout the year, the Client
Department/Division may write the justification to include any and all repair parts
necessary for the proper operation of the equipment that may be replaced throughout
the year. Proceeding in this manner eliminates the need for multiple forms for one
piece of equipment.
4. Posting:
a. Sole Source Purchases: Pursuant to Section 2-26-45 of the Manatee County Code,
Sole Source purchases in Categories Three and Four require an electronic posting for
a minimum of five (5) business days prior to award. The electronic posting must include
a request that prospective vendors provide information regarding their ability to supply
the commodities or contractual services described. Sole Source purchases in Category
Five require approval by the Board-of-County Commissioners and will be posted via a
board agenda for a minimum of seven (7) calendar days prior to the board meeting. All
such determinations shall be made in writing and maintained electronically in the
County's document retention system so as to provide electronic access for the Board of
County Commissioners and County Attorney's Office.
b. Noncompetitive Purchases: Noncompetitive purchases in Category Three require an
electronic posting for a minimum of five (5) business days prior to award. The electronic
posting must include a request that prospective vendors provide information regarding
their ability to supply the commodities or contractual services described.
Noncompetitive purchases in Categories Four and Five require approval by the Board
of County Commissioners and will be posted via a board agenda for a minimum of seven
(7) calendar days prior to the board meeting. All such determinations shall be made in
writing and maintained electronically in the County's document retention system so as
to provide electronic access for the Board of County Commissioners and County
Attorney's Office.
5. Construction Materials: In any case where the County seeks to purchase Sole Source
materials for the construction, modification, alteration, or repair of any County-owned
facility, the County Commission must first approve written findings as required by Florida
Statute § 255.04.
6. Form of Agreement: All written agreements shall be completed by the Purchasing
Division. The default form of agreement is the Purchasing Division's currently approved
purchase order form. In the event the purchase order terms and conditions are not
acceptable, or if a two party agreement is more appropriate, the Purchasing Division shall
negotiate the terms of an agreement consistent with the terms and conditions developed
and reviewed by the Purchasing Division and the Office of the County Attorney.
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XV. EMERGENCY PURCHASES
A source selection may be made with limited or no competition after the Purchasing Official
conducts a good faith review of available sources that may timely respond to the urgent need
for goods or services and documentation of the emergency conditions related to the purchase.
Upon this written determination and upon approval of the County Administrator, the emergency
purchase may be made.
Emergency purchases in excess of purchasing category four ($1,000,000) shall be reported to
the Board of County Commissioners subsequent to the purchase.
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XVI. PROPOSAL EVALUATION COMMITTEE GUIDELINES
1. Intent: The intent of this procedure is to provide guidance pertaining to the function of
Evaluation Committees.
2. Purpose: An Evaluation Committee is established to review all responsive Proposals
submitted in response to a competitive Request for Proposal (RFP), to conduct interviews,
and make recommendations as to which Proposer the County should negotiate with for the
desired commodity or service.
3. Evaluation Committee Appointment: After a competitive RFP is released, the
Purchasing Official shall recommend an Evaluation Committee membership for
appointment by the County Administrator. The Evaluation Committee generally consists of
three (3) members; though in some cases five (5) members may be appointed. Evaluation
Committee membership should represent a cross-section of employees from the functional
areas identified in the Statement of Work or Scope of Service who possess knowledge of
the commodities or services desired, or possess some other expertise or relevant
experience related to the topic of the competitive solicitation. At a minimum, a supervisory
member of the Client Department shall serve, and a representative of another department
who is able to contribute meaningfully to the process of evaluating may also serve on the
Evaluation Committee. Non-county employees may also be appointed where appropriate.
The Evaluation Committee is chaired by a representative of the Purchasing Division.
4. Approval Process: The process in which Evaluation Committee's are approved is as
follows:
a. After the competitive solicitation is released, the Purchasing Official makes a
recommendation to the County Administrator to appoint an Evaluation Committee.
b. Once Proposals are received, the Purchasing Division staff receives and performs the
initial evaluation of the Proposals to determine responsiveness.
c. This procedure, the Proposals, and the competitive solicitation document are distributed
to each Evaluation Committee member for individual review. Each Evaluation
Committee member must become familiar with the entire contents of the competitive
solicitation and each Proposal submitted in response to the competitive solicitation prior
to attending the first Evaluation Committee meeting.
d. The County Administrator reserves the right to disband a Committee at any time where
he/she deems it in the best interests of the County to do so.
e. Once a Committee makes its final recommendation to the Administrator, it shall be
deemed to be disbanded and shall have no further duties to perform.
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XVI. PROPOSAL EVALUATION COMMITTEE GUIDELINES
5. Guidelines: An Evaluation Committee will usually make a recommendation to either
negotiate with the Proposer it deems most qualified, or to not proceed with negotiations for
a specified reason. While Evaluation Committees may usually rely on staff's initial review
of the basic responsiveness of Proposals and responsible status of Proposers, if the
Committee clearly finds staff may have erred, it may also vote to find one or more Proposals
should not have been sent for review.
a. In compliance with Florida Statute 286.011, under no circumstances are individual
Evaluation Committee members allowed to communicate with each other, whether
verbally or in writing, anything concerning the competitive solicitation or its responses
outside of the scheduled and publicly noticed Evaluation Committee meetings.
b. After the issuance of any competitive solicitation, no Proposer or prospective Proposer
or any agent, representative or person acting at the request of such Proposer or
prospective Proposer shall contact, communicate with or discuss any matter relating in
any way to the competitive solicitation with any officer, agent or employee of Manatee
County other than the Purchasing Official or as directed in the competitive solicitation
document. This prohibition includes the act of copying elected or appointed officers,
agents or employees of Manatee County on correspondence. This requirement begins
with the issuance of a competitive solicitation, and ends upon execution of the final
Contract or when the competitive solicitation has been cancelled. Violators of this
prohibition shall be subject to sanctions as provided in the Manatee County Code of
Laws, Section 2-26-31, Lobbying.
c. No Evaluation Committee member may directly or indirectly supervise any other
Evaluation Committee member, unless an exception is warranted and approved by the
County Administrator.
d. Evaluation Committee meetings are public meetings subject to the Sunshine Law
(Florida Statute 286.011) and as such the public is welcome to attend any Evaluation
Committee meeting. Public participation will be limited to offering public comment at the
time in which the Chairperson calls for public comment, as indicated on the Agenda.
e. The Sunshine Law allows certain exemptions, such as when negotiation strategies are
being discussed, or where a Proposer makes a presentation or answers questions
pursuant to a competitive solicitation process. In such cases, the meeting may be closed
at the discretion of the Chairperson, upon obtaining advice from the County Attorney's
office as needed.
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XVI. PROPOSAL EVALUATION COMMITTEE GUIDELINES
f. If an Evaluation Committee meeting or a portion of an Evaluation Committee meeting is
to be conducted under a Sunshine Law exemption, the Chairperson shall indicate same
in the public notice which shall be posted in a reasonable time frame prior to the meeting.
Reasonable shall be deemed to be seven (7)days. Exceptions shall be only by approval
of the Purchasing Official, or designee.
g. If an exemption is being exercised and the meeting, or a portion of the meeting, is closed
to the public, a complete record will be made. Such recordings are exempt from public
disclosure until notice of the intended decision is made or thirty (30) days after the
opening of the Proposals, whichever is earlier. Further, the Chairperson shall announce
that said meeting is exempt in its entirety on the recording. In the event the meeting is
partially exempted, Chairperson shall announce same at the onset of the meeting and
inform all interested persons that the meeting will be re-opened upon his/her
announcement as soon as the Committee is able to complete its discussions that are
allowed by exemption if the meeting will not be immediately adjourning.
6. Chairperson Responsibilities: The Evaluation Committee Chairperson is responsible for
the following:
a. Ensuring each member of the Evaluation Committee has received and read a copy of
these procedures, the Proposals to be considered, and the competitive solicitation.
b. Coordinating reference checks of Proposers.
c. Recording attendance and preparing written minutes of all Evaluation Committee
meetings so that formal typed minutes will be in the file within two (2) weeks of the
meeting, or as soon thereafter as possible.
d. Being available to answer any procedural questions.
e. Coordinating the scheduling of meetings.
f. Operating the digital audio recording device, or otherwise ensuring a complete record is
made, during any meeting at which a Sunshine Law exemption is asserted.
g. Ensuring Public Notice is issued to comply with reasonable notice requirements of
applicable law.
h. Advising Proposers prior to submitting responses to clarification requests or prior to
presenting or interviewing; that any material change to what is proposed is considered
a material deviation and is not acceptable.
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XVI. PROPOSAL EVALUATION COMMITTEE GUIDELINES
i. If an Evaluation Committee member brings up an issue or item requiring clarification,
such as questioning the validity of information included in the Proposal, it is up to the
Evaluation Committee Chairperson to examine the issue or item, verify the accuracy or
inaccuracy of the stated information in the Proposal, and report the findings back to the
Evaluation Committee at the next Evaluation Committee Meeting. Likewise, if the
Evaluation Committee requires advice, clarification or additional information on certain
items or issues included in or related to a Proposal, it may at any time request further
advice, information or clarification through the Evaluation Committee Chairperson. The
Chairperson will distribute clarification questions to all Proposers with a reminder that
clarifications may not materially alter the original Proposal. Responses will be required
to be returned by the Proposer to the Chairperson by a predetermined date. Likewise,
if questions are for County staff or Attorney's, the chair will also coordinate getting a
response and communicating same to the Committee. The Chairperson will forward the
responses to the Evaluation Committee members for consideration.
j. The Chairperson shall ensure that meetings or parts of meetings of the Evaluation
Committee to be closed to the public under a Sunshine Law exemption are properly
announced at both the beginning and end of such closure, and reflect those
announcements in the minutes. If the Evaluation Committee intends to conduct any part
of its business not subject to closure after a closed portion of the meeting, then, to
ensure members of the public do not leave the area, the Chairperson should announce
before closing the meeting that the Evaluation Committee may re-open the meeting to
conduct further business and that interested parties should remain in the area.
7. Committee Responsibilities: The assessments of the Evaluation Committee are based
upon the predetermined evaluative criteria set forth in the competitive solicitation document.
The Evaluation Committee is responsible for the following:
a. It is required, and vital to a successful process, that Evaluation Committee members
carefully read and review all Proposals and related documents prior to beginning the
evaluation process.
b. Unless excused for good cause by the Purchasing Official, it is mandatory that
Evaluation Committee members attend all publicly noticed, scheduled meetings.
Participation by the Evaluation Committee members is critical to the success of the
evaluation process.
c. Evaluation Committee members shall be prepared to discuss each Proposal at the
Evaluation Committee meetings. The Chairperson will use an Evaluation Worksheet to
keep the meeting focused and to later use to prepare final meeting minutes.
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XVIII. PROPOSAL EVALUATION COMMITTEE GUIDELINES
d. The Evaluation Worksheet will include only the criteria that are identified in the
competitive solicitation to which Proposers have responded. The intent of the
Evaluation Worksheet is to provide a mechanism for the Chairperson to keep its
Evaluation Committee members on focus regarding the specific criteria in order to
ensure a reasonable, rational and consistent basis for evaluation of Proposals and to
capture important observations effectively as Evaluation Committee member(s) perform
their review of each Proposal.
e. At the initial meeting, the Evaluation Committee discusses their duties under this
procedure, their individual review of each of the Proposals, and the merits of each of the
Proposers. At the conclusion of the collective review, the Evaluation Committee decides
whether to proceed to Oral Interview(s)/Presentation(s), to proceed directly to a vote on
a Recommendation to Negotiate, or to recommend some other course of action.
f. When the process concludes, all notes or other papers shall be turned over to the
Chairperson, who shall maintain the official public record until the Committee disbands,
at which time the records shall be maintained by the Division.
8. Advisors: The Evaluation Committee is authorized to receive advice, or information from
the County's Attorneys, Financial staff, or other Subject Matter Experts, however, such
persons shall not be deemed members of the Evaluation Committee and cannot vote on
any question before the Committee. Responses will be coordinated by the Chairperson as
provided in section 7.i. of this procedure.
9. Conflict of Interest: No person shall serve on an Evaluation Committee if he/she has a
conflict of interest with respect to the Proposal being evaluated. The following activities,
interests and relationships shall be deemed to be a conflict of interest and shall preclude a
person from service on an Evaluation Committee:
a. Current employment or past employment with the Proposer being evaluated within one
(1) year prior to the evaluation.
b. Serving as a current consultant or past consultant for or with the Proposer being
evaluated within one (1) year prior to the evaluation.
c. Having ownership interest (stocks or assets) in the Proposer being evaluated at the time
of the evaluation (investment funds are excluded).
d. Having a family member (spouse, child, sibling, parent, in-law) with ownership in the
Proposer being evaluated at the time of the evaluation (investment funds are excluded).
e. Serving as an officer or director for the Proposer being evaluated at the time of the
evaluation.
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f. Being a party in any current litigation/lawsuit with or against the Proposer being
evaluated, and/or using a party in any past litigation/lawsuit with or against the Proposer
being evaluated where such lawsuit concluded less than two (2) years prior to service
on the Evaluation Committee. (Involvement in past litigation that concluded two (2) or
more years prior to service on the Evaluation Committee shall not constitute a conflict
of interest).
g. Involvement in a current investigation of the Proposer being evaluated, and/or
involvement in a past investigation of the Proposer being evaluated where such
investigation was concluded less than one (1) year prior to service on the Evaluation
Committee.
h. Any other activity, interest or relationship that could possibly be viewed as a conflict of
interest or that is in conflict with Florida Statute 112.313 (Code of Ethics for Public
Officers and Employees) must be disclosed in writing to the Purchasing Official prior to
service on an Evaluation Committee, or as soon as the conflict becomes known.
10.OraI Interview/Presentation: Unless closed as provided for in section 6.e. of this
procedure, the Oral Interview/Presentation is a public meeting requiring Public Notice in
order to comply with Florida Statute 286.011.
a. The Evaluation Committee will identify which Proposers, if any, it wants to provide an
Oral Interview or Presentation. Presentations may be in person or via communications
equipment.
b. The Evaluation Committee will request interviews only from those Proposers deemed to
have submitted responsible and responsive Proposals.
c. Though the Oral Interview(s)/Presentation(s) provide an opportunity for clarifications to
be given, interviews cannot allow material deviations from the requirements of the
competitive solicitation or the submitted Proposal. A material deviation or reservation is
one: (a) which affects in any substantial way the scope, quality, or performance of the
Work; (b) which alters in any substantial way, the County's rights or the Proposers
obligations outlined in the solicitation or Proposal; or (c) whose refinement would affect
unfairly the competitive position of other Proposers presenting substantially responsive
Proposals.
11.Final Evaluation: After the Oral Interview(s)/Presentation(s), the Evaluation Committee will
determine the final ranking of the Proposers and vote on which Proposer, if any, to
recommend for engaging in negotiations.
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XVI. PROPOSAL EVALUATION COMMITTEE GUIDELINES
12.Notice of Intent: The Evaluation Committee Chairperson is responsible for preparing a
Recommendation to Negotiate, which is a written recommendation that includes a brief
description of the project, the final ranking, the budgeted amount, and the basis for the
Evaluation Committee's recommendation. After approval by the County Administrator (or
Board of County Commissioners in certain cases), this becomes the Notice of Intent which
is posted on mymanatee.org and physically in the public area of the Purchasing Division.
13.Timeline: Competitive Solicitations requiring an evaluative process are complex and can
take six (6) months or more to complete. The following represents a typical timeline of key
events: (All dates are subject to change)
WEEKS EVENTS
1 IFAS Requisition and Scope Accepted by Purchasing Division
4-6 Draft Documents Finalized (additional time is required for draft documents which
require third party review)
6-8 Competitive Solicitation Released
8-10 Establish Evaluation Committee
Information Conference/Site Visit (if applicable)
Addenda Issued (if applicable)
11-13 Proposals Received
12-14 Due Diligence — Responsiveness/Responsibility Review
Distribute competitive solicitation, Proposals to Evaluation Committee
Schedule initial meeting
Provide reasonable notice to comply with 286.011
15-16 Initial Evaluation Committee Meeting
16-20 Schedule subsequent Evaluation Committee Meetings
Provide reasonable notice to comply with 286.011
Oral Interviews/Presentations
17-20 Schedule subsequent/final Evaluation Committee Meeting
Provide Reasonable notice to comply with 286.011
18-21 Evaluation Committee Meeting
Final Evaluation and Recommendation
19-21 Intent to Negotiate Posted - Committee disbands
20-26 Negotiation of Contract Begins
21-27 Award
14.Public Record: Proposals are subject to disclosure thirty (30) days after the opening or if
a Notice of Intent to Award is made earlier than this time as provided by Florida Statute
119.071. In the event all Proposals are rejected and notice of intent to reissue a competitive
solicitation is provided, the recording and all records presented at the exempted meeting
remain exempt until notice of an intended decision concerning the reissued competitive
solicitation or withdrawal of the reissued competitive solicitation, not to exceed twelve (12)
months after the initial notice rejecting all Proposals.
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XVII. POSTING AND NOTICE REQUIREMENTS
1. Intent: The intent of this procedure is to provide guidance pertaining to the posting and
notice requirements for solicitations and all related documents. No agreement shall be
signed or transaction authorized until the posting and notice requirements have been
fulfilled and the time for filing a protest has passed.
2. Notice Locations: In the event a solicitation or related document requires posting or
notice, the following media may be used to publish the documents, based on the type of
solicitation issued:
a. Manatee County Government web site, www.mymanatee.orq, under Bids and
Proposals, which is located on the home page under"Online Services" or"Quick Links".
b. Manatee Chamber of Commerce web site, www.manateechamber.com.
c. DemandStar web site, www demandstar.com, which requires a user name and
password to view and download solicitation documents.
d. The Manatee County Calendar, which is located on the Manatee County Government
web site home page.
e. Bulletin Board, which is physically located in the lobby of the Purchasing Division, 1112
Manatee Avenue West, Suite 803, Bradenton, FL 34205.
f. Print Media, such as newspapers, trade publications, etc.
3. Documents to Upload: Regardless of the manner of solicitation, there are certain
documents that shall be electronically posted at each stage of the solicitation process.
Refer to Exhibit A for specifics.
4. Upload Process: In the event a solicitation or related document requires electronic
posting, in order to maintain consistency, the file shall be emailed to a designated
Purchasing Division Operations staff member to be uploaded. It is the Purchasing
Professional's responsibility to notify the designated Purchasing Division Operations staff
member of status changes throughout the solicitation process and provide documents to
upload at each stage of the process.
a. Active —This status begins on the date and time the solicitation is released. During this
stage, the solicitation documents shall be uploaded along with any drawings or other
documents that pertain to the solicitation, as well as any addenda that may be issued.
When a formal solicitation is initially released it shall be uploaded to the Bids and
Proposals page of the Manatee County Government web site on the date that
corresponds with the legal advertisement.
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XVII. POSTING AND NOTICE REQUIREMENTS
If the solicitation is advertised via DemandStar, the solicitation is automatically published
on the broadcast date, which also corresponds with the date of the legal advertisement.
b. Under Evaluation — This status indicates that the solicitation due date and time has
passed; offers have been received and are under evaluation by the Purchasing Division,
as well as the Client Department/Division.
Pursuant to Florida Statute 119.071(1)(b)(2), sealed bids, proposals, or replies received
in response to a competitive solicitation become public record thirty (30) days after
opening, or when the County provides a notice of intent to award, whichever comes first.
c. Intent to Award —This status indicates the evaluation has been completed and a vendor
is recommended for award. During this stage, a notice of intent to award or board
agenda, as appropriate, shall be electronically and manually posted for seven (7) days
prior to award.
d. Awarded — This status indicates the notice of intent to award or board agenda, as
appropriate, has been approved, the time for posting has been fulfilled and the time for
filing an appeal has passed. At this time, it is the Purchasing Professional's
responsibility to notify the designated Purchasing Division Operations staff member to
manually change the status to "Awarded" on the Manatee County Government web site
and DemandStar, if utilized.
5. Legal Advertisements: Pursuant to Florida Statute 255.0525(2), the solicitation of
competitive bids or proposals for any construction project that is projected to cost more than
$200,000 shall be publicly advertised at least once in a newspaper of general circulation in
the county where the project is located, at least twenty-one (21)days prior to the established
bid or proposal opening, and at least five (5) days prior to any scheduled information
conference.
The solicitation of competitive bids or proposals for any construction project that is projected
to cost more than $500,000 shall be publicly advertised at least once in a newspaper of
general circulation in the county where the project is located, at least thirty (30) days prior
to the established bid or proposal opening, and at least five (5) days prior to any scheduled
information conference.
6. Public Bids; Bid Opening: Pursuant to Florida Statute 255.0518, when opening sealed
bids or the portion of any sealed bids that include prices submitted in response to a
competitive solicitation for construction or repairs of a public building or public work, the
Purchasing Division shall:
a. Open the sealed bids at a public meeting conducted in compliance with Florida Statute
286.011.
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b. Announce at that meeting the name of each bidder and the price submitted in the bid.
c. Make available upon request the name of each bidder and the price submitted in the
bid.
7. Addenda: Any addenda issued shall be posted in the same place the original solicitation
documents were posted.
8. Sole Source Purchases: Pursuant to Section 2-26-45 of the Manatee County Code, Sole
Source purchases in Categories Three and Four require an electronic posting for a
minimum of five (5) business days prior to award. The electronic posting must include a
request that prospective vendors provide information regarding their ability to supply the
commodities or contractual services described. Sole Source purchases in Category Five
require approval by the Board of County Commissioners and will be posted via a board
agenda for a minimum of seven (7) calendar days prior to the board meeting. Notices shall
be electronically posted on the Manatee County Government web site under "Bids and
Proposals" (see Section #2.a. above). In addition, notices shall be manually posted in the
Purchasing Division located at 1112 Manatee Avenue West, Suite 803, Bradenton, FL
34205. All such determinations shall be made in writing and maintained electronically in
the County's document retention system so as to provide electronic access for the Board
of County Commissioners and County Attorney's Office.
9. Noncompetitive Purchases: Noncompetitive purchases in Category Three require an
electronic posting for a minimum of five (5) business days prior to award. The electronic
posting must include a request that prospective vendors provide information regarding their
ability to supply the commodities or contractual services described. Noncompetitive
purchases in Categories Four and Five require approval by the Board of County
Commissioners and will be posted via a board agenda for a minimum of seven (7) calendar
days prior to the board meeting. Notices shall be electronically posted on the Manatee
County Government web site under "Bids and Proposals" (see Section #2.a. above). In
addition, notices shall be manually posted in the Purchasing Division located at 1112
Manatee Avenue West, Suite 803, Bradenton, FL 34205. All such determinations shall be
made in writing and maintained electronically in the County's document retention system
so as to provide electronic access for the Board of County Commissioners and County
Attorney's Office
10.Meeting Notices: All notices required shall be electronically and manually posted in a
reasonable time frame prior to the meeting. Reasonable shall be deemed to be seven (7)
days. Exceptions shall be only by approval of the Purchasing Official, or designee. Notices
shall be electronically posted on the Manatee County Government web site home page
under the "Manatee County Calendar" and "Bids and Proposals" (see Section #2.a. and
#2.d. above). In addition, notices shall be manually posted in the Purchasing Division
located at 1112 Manatee Avenue West, Suite 803, Bradenton, FL 34205.
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XVII. POSTING AND NOTICE REQUIREMENTS
11.Notice of Cancellations: A solicitation may be cancelled when it is for good cause and in
the best interest of the County, as set forth in Section 2-26-42 of the Manatee County Code
of Laws. Notice of Cancellations shall be posted for seven (7) calendar days in the same
manner as the initial solicitation and shall identify the solicitation, explain the reason for
cancellation, and where appropriate, explain that an opportunity will be given to compete
on any resolicitation or any future purchases of similar items.
Pursuant to Florida Statute 119.071(1)(b)(3), if the County rejects all bids and concurrently
notices its intent to reissue the solicitation, the rejected bids are exempt from public
disclosure until such time as the County provides a notice of an intended decision
concerning the reissued solicitation or until the County withdraws the reissued solicitation.
A bid is not exempt for longer than twelve (12) months after the initial notice rejecting all
bids.
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XVIII. CONTACTING INTERESTED VENDORS
1. Purchasing shall maintain appropriate reference sources for the identification of interested
vendors for all categories of purchases. The reference sources shall include, but is not
limited to: Manatee County registered Local Businesses attesting to meet the definitions
prescribed in Manatee County Code of Laws Chapter 2-26, Manatee Chamber of
Commerce identified Businesses, Businesses registered with other local business
organizations whose purpose is to further business opportunities for Manatee County
businesses, Manatee County registered non-local businesses and groupings of vendors
sorted by commodity codes for specific goods, services or combination of goods and
services from sources such as the DemandStar.com system.
2. Departments may request written or electronic lists of vendors for particular goods, services
or any combination of goods and services on an as needed basis.
3. County employees are to conduct all communications in accordance with the Board's policy
stated in the Manatee County Purchasing Code on fair and equitable treatment of all
persons involved in public purchasing by the County. Specifically, when contacting or
recommending sources of goods or services staff shall consider ALL registered vendors.
This requires staff to update their knowledge of current registrations of Manatee County
vendors, and not relying on any prior lists of known vendors.
4. County employees are further reminded that the County has strict policies on ethics and
conflicts of interest. No employee shall work on any purchasing matter, including contacting
vendors, where that employee or his or her relative has a financial interest in the outcome
of the selection of a vendor for that purchase.
The Florida Commission on Ethics maintains a Code of Ethics for Public Officers and
employees which addresses solicitation and acceptance of gifts, and conflicts which may
arise between employees and businesses. This information is available in written form or
on the Internet at http://www.ethics.state.fl.us.
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XIX. VENDOR PERFORMANCE EVALUATION REPORTS
1. Intent: The intent of this procedure is to provide guidance pertaining to the function of
Vendor Performance Evaluation reports, which are used to ensure contract compliance and
document contractor, vendor, and supplier performance.
2. Guidelines: Vendor Performance Evaluation reports should be used to document both
satisfactory and unsatisfactory performance. They may be completed at any time
throughout the duration of the contract. The following steps shall be followed:
a. In the event of vendor non-compliance, the Client Department/Division shall first contact
the vendor to discuss unsatisfactory performance or deliverables and any corrective
actions needed to resolve the issue. A meeting between the vendor and Client
Department/Division may be necessary. All corrective actions taken by vendor shall be
documented by the Client Department/Division and kept in the contract file at the
department level.
b. If the situation is not satisfactorily resolved, the Client Department/Division shall so
inform the Purchasing Official in written form, utilizing a Vendor Performance Evaluation
report. If necessary, Purchasing Division staff will assist in completion of the report.
i. The completed report shall be submitted to the Purchasing Division within ten
(10) days of known issue so corrective action can be taken as soon as possible.
ii. The Client Department/Division shall cite the specific contract terms and
conditions or specifications in which the vendor has failed to conform.
c. Upon receipt of a Vendor Performance Evaluation report, the Purchasing Division will
review for compliance and possible corrective actions.
d. The Purchasing Division will make contact with and provide a copy of the report to the
vendor and, if necessary, schedule and conduct corrective action meetings with the
Client Department/Division and vendor in an attempt to bring vendor back in to contract
compliance. The Purchasing Division will address the circumstance on all unsatisfactory
Vendor Performance Evaluation reports, whether or not the situation has been resolved.
e. For all service contracts that have a duration of one year or more, it is recommended
that the Client Department/Division complete a Vendor Performance Evaluation report
on at least an annual basis, documenting satisfactory or unsatisfactory performance, as
well as any corrective actions required.
f. Reports must be timely submitted. Multiple reports should not be saved at department
level and submitted all at once. Doing so results in the appearance of after-the-fact
fabrication of performance issues, accusations that the vendor was not afforded the
chance to provide a timely defense, and difficulty in verifying negative assertions of
performance.
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XIX. VENDOR PERFORMANCE EVALUATION REPORTS
3. Documentation: Documentation of performance shall be via completion of a Vendor
Performance Evaluation report. There are two forms; one for the delivery of goods and the
other for the delivery of services (including consulting and construction) as detailed below:
a. The Vendor Performance Evaluation Report for Goods shall include, at a minimum, the
following information:
i. Purchase Order number (include quote, bid or proposal number and title, if
applicable).
ii. Vendor name, address, and contact information, including email address.
iii. Client Department/Division submitting report, including name and information of
contact person completing the form.
iv. Specific description of goods provided by vendor.
v. Indicate report status as interim or final depending on stage of contract at time of
report.
vi. Factors related to vendor's performance in providing goods; be accurate,
complete, and factual.
vii. Details of corrective action required, if any.
viii. Describe consequences to department operations and/or public should vendor
fail to correct any deficiencies noted in the report.
b. The Vendor Performance Evaluation Report for Services, Consulting, and Construction
shall include, at a minimum, the following information:
i. Quote, Bid, or Proposal number and title (include purchase order number, if
applicable).
ii. Vendor name, address, and contact information, including email address.
iii. Client Department/Division submitting report, including name and information of
contact person completing the form.
iv. Specific description of work provided by vendor.
v. Indicate report status as interim or final depending on stage of contract at time of
report.
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vi. Factors related to vendor's performance in providing goods; be accurate,
complete, and factual. Items addressed will usually include the following
information, though all items listed below may not be applicable in every situation:
1. Safety Program Development — actions vendor has taken to create and
maintain a safe job site, including whether or not safety requirements of
the contract have been met.
2. Deliverables/Reports — timeliness, completeness and quality of required
contract submittals.
3. Quality of Services, Workmanship and Materials — quality of service,
delivery, workmanship, construction, fabrication, materials, and
equipment.
4. Cost Control—efficient use of resources, accurate billing, pricing accuracy
and supporting documentation.
5. Timeliness of Performance and Pursuit of Work — timely contract
administration including realistic project schedule, project start-up,
adherence to schedule and number of days to complete task, identification
of potential delays and measures taken to mitigate possible delays.
6. Conformance with Contract Documents — complies fully with contract
terms, conditions, requirements and applicable governing guidelines (i.e.,
grant requirements), including the implementation of meeting such
requirements.
7. Project Management and Planning — performance and competency of
vendor to actively lead, foresee issues, plan ahead effectively, and provide
project guidance and direction.
8. Communications—clarity and effectiveness of vendor communication with
County consultants, subcontractors, vendors, etc. on technical issues,
schedule, project matters, ongoing problems, concise reporting, and clear
correspondence.
vii. Details of corrective action required, if any.
viii. Describe consequences to department operations and/or public should vendor
fail to correct deficiencies.
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XIX. VENDOR PERFORMANCE EVALUATION REPORTS
c. The Purchasing Division maintains an electronic file of all Vendor Performance
Evaluation reports.
i. Upon receipt of a Vendor Performance Evaluation report, the Administrative
Assistant scans and uploads the report to a shared drive. Reports are filed
alphabetically by vendor name and are accessible by Purchasing Division staff
only.
ii. Once the report is uploaded, the Administrative Assistant provides the original
report to the appropriate Buyer, Contract Specialist or Contracts Negotiator for
action.
iii. All Vendor Performance Evaluation reports are electronically stored on the
Purchasing Division's shared drive pursuant to the Florida Department of State,
Division of Library & Information Services, Records Retention Scheduling and
Disposition.
4. Suspension/Debarment: The Purchasing Official is authorized to suspend a person or
entity from consideration of award of contracts if the Purchasing Official has adequate
documented Vendor Performance Evaluation reports or other evidence to demonstrate the
person or entity has engaged in any activity which is grounds for suspension or debarment.
The causes for suspension or debarment include, but are not limited to:
a. Violation of contract provisions, as set forth below, of a character which is regarded by
the Purchasing Official to be so serious as to justify debarment action;
b. Deliberate failure without good cause to perform in accordance with the specifications
and/or budget or within the time limit provided in the contract; or
c. A recent record of failure to perform or of unsatisfactory performance in accordance with
the terms of one or more contracts; provided that failure to perform or unsatisfactory
performance caused by acts beyond the control of the contractor shall not be considered
to be a basis for debarment;
d. A documented history of significant deviation from contract specifications, engineering
standards, design or material requirements or safety regulations, where such history
has first been presented to the contractor by the County who thereafter continues to
engage in such deviations; and
e. Any other cause the Purchasing Official determines to be so serious and compelling as
to affect responsibility as a County contractor, including debarment by another
governmental entity for any cause listed in this chapter or provided for in general law.
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
XX. FINANCIAL SYSTEM - IFAS PURCHASING SYSTEM
Manatee County uses the Integrated Fund Accounting System (IFAS) to create, manage, and
document financial transactions. The Purchasing system is a portion of this comprehensive
system. The fiscal encumbrance of funds for, or payment of obligations created by, purchasing
transactions referred to in this manual are all generated via this system.
1. Mandatory training from the Purchasing Division is required to obtain access to the
Integrated Fund Accounting System (IFAS).
2. Training and user manuals on IFAS are maintained and updated for all users as the system
is modified or expanded. A web page of frequently asked questions is continuously updated
online for users to review. Departments may also request training or written updates to
existing IFAS manuals directly from the Purchasing Division.
3. The Purchasing Official has the authority to establish, revoke, modify, or suspend any
• individual's access to IFAS, if the Purchasing Official determines that such action is in best
interest of the County.
43
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MANATEE COUNTY PURCHASING DIVISION
ADMINISTRATIVE STANDARDS & PROCEDURES MANUAL
XXI. PURCHASING CARDS
1. Mandatory traininq from the purchasing Division is required to obtain a Purchasing Card of
to have access to the Purchase Card system for administrative purposes. The Purchasing
Card Procedures are documented in a separate manual which is provided as part for the
mandatory training and is posted on the County Intranet for review.
2. Training and user manuals on these transactions are maintained and updated for all users
as the system is modified or expanded. Departments may request training or written
updates to existing Purchasing Card System manuals directly from the Purchasing Division.
3. The Purchasing Official has the authority to establish, revoke, modify, or suspend any
individual's access to use of a Purchasing Card, or the Purchasing Card system, if the
Purchasing Office determines that such action is in best interest of the County.
44
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EXHIBIT B
Manatee
County
1
.Manatee
o R 1 U A Sole Source/Noncompetitive Purchasing Request
Department: Contact: Ext:
Purchase Request(PR) Number: Date:
Description:
(Explain request in detail)
Vendor: Phone: Cost:
PART I — SOLE SOURCE PURCHASING (Sole source purchasing is defined as the acquisition of
commodities or services where there is only one available source for the required commodity or service.
Ex: proprietary software or equipment, copyright)
1. Are these commodities or services only available from one single source?❑ Yes ❑ No
2. Explain why the commodity/service being requested is the only commodity/service that can
meet your needs and why alternatives are unacceptable. Be specific regarding specifications,
features, capability, compatibility, etc.
3. Why is this vendor the only source from which to make this purchase? Describe efforts made
to verify this information. (Attach sole source letter from vendor as documentation)
4. Explain the consequence to the County or its taxpayers, including a dollar amount of the
financial impact, if the sole source purchase is not approved.
NOTE: In any case where the County seeks to purchase from a sole source materials for the
construction, modification, alteration or repair of any county-owned facility, the Board of County
Commission must first make the written findings required by Florida Statutes, Section 255.04.
Sole Source/Noncompetitive Purchase Request,PUR-12-001,Revised July 25,2014
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EXHIBIT B
PART II — NONCOMPETITIVE PURCHASING (Noncompetitive purchasing is defined as the
acquisition of commodities or services from a unique source or provider based upon particular skills and
expertise (Ex: standardization, warranty, compatibility) where other competitive sources may be
available; or upon a determination that the likely, non-speculative cost of obtaining competitive quotes
would exceed any potential savings and benefit to the County.)
1. Explain why the commodity/service being requested is the only commodity/service that can
meet your needs and why alternatives are unacceptable. Be specific regarding specifications,
features, capability, compatibility, etc.
2. Explain the advantages of this noncompetitive purchase on the basis that only one practical
source exists. Describe the efforts made to verify this information. (Attach manufacturers or
distributorships letter as documentation)
3. Will this purchase obligate us to a particular vendor for future purchases, either in terms of
maintenance or compatibility should the need arise to purchase a `like'item in the future?
4. Describe your efforts to obtain the best price from the vendor and provide any documentation
to substantiate your findings. Give the result of the initial offer versus the final offer.
5. Would you prefer Purchasing to contact vendor for the best price? ❑ Yes ❑ No
6. Explain the consequence to the County or its taxpayers, including a dollar amount of the
financial impact, if the noncompetitive purchase is not approved.
Sole Source/Noncompetitive Purchase Request,PUR-12-001,Revised July 25,2014
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EXHIBIT B
I hereby request that a sole source/noncompetitive request be approved for the purchase of the
above statement of work, material, equipment, commodity, or service.
Division Manager's Signature Print Name Date
(up to $25,000)
Department Director's Signature Print Name Date
(Greater than $25,000)
FOR PURCHASING DIVISION USE:
Sole Source: Posting: Categories Three and Four require an electronic posting for a minimum
of five (5) business days. Category Five requires BCC approval and will be posted
via board agenda for a minimum of seven (7) calendar days prior to board meeting.
Reports: Categories One through Three reported quarterly to FMD and County
Administrator.
Noncompetitive: Posting: Category Three requires an electronic posting for a minimum of five (5)
business days prior to award. Categories Four and Five require BCC approval and
will be posted via board agenda for a minimum of seven (7) calendar days prior to
board meeting
Reports: All categories reported quarterly to Board of County Commissioners,
County Administrator, County Attorney's Office and FMD.
Reviewed and Approved by:
Buyer Name /Date
(up to $100,000)
Contracts/Buyer Manager/Date
(up to $250,000)
Purchasing Official /Date
(Greater than $250,000)
Sole Source/Noncompetitive Purchase Request,FUR-12-001,Revised July 25,2014
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MARTIN COUNTY
BOARD OF COUNTY COMMISSIONERS
es,N1
41/1"
„ A/I
7
PURCHASING MANUAL
Adopted December 9, 2014
Resolution No. 14-12.8
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TABLE OF CONTENTS
Section 1 Introduction 3
Section 2 Definitions 3
Section 3 Unauthorized Purchases Prohibited 7
Section 4 Ethical Standards 7
Section 5 Revision to Purchasing Manual 7
Section 6 Conflict of Interest 7
Section 7 Purchasing Division 8
Section 8 Transactions Exempt from Competitive Procurement 9
Section 9 Payment for Goods & Services 12
Section 10 State or Federally Funded Grant Programs 20
Section 11 Cooperative Purchasing and Government Contracts 20
Section 12 Petty Cash 21
Section 13 Small Purchases 22
Section 14 Sole Source Purchases 24
Section 15 Emergency Purchases 25
Section 16 Cone of Silence 25
Section 17 Request for Bid 25
Section 18 Request for Proposal 31
Section 19 Consultant's Competitive Negotiation Act (CCNA) 33
Section 20 Specifications 37
Section 21 Contract Form 37
Section 22 Bid Protest Procedure 38
Section 23 Minority Business Participation 40
Section 24 Authorization to Debar Vendor 40
Section 25 Receiving of Goods 42
Section 26 Fixed Assets Inventory 43
Table 1 Summary of Purchasing Requirements 45
Exhibit A FTA Circular C 4220.1 F (as amended from time to time)
Exhibit B Fair &Reasonable Price Determination
Exhibit C Independent Cost Estimate
Exhibit D Price Analysis
Exhibit E Procurement History
Exhibit F Vendor Responsibility Determination
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SECTION 1
INTRODUCTION
The purpose of this Purchasing Manual ("Manual") is to establish specific directions and guidelines for
all County Departments, Employees and Agents of the Martin County Board of County Commissioners
(County) to use in procuring goods and services for a public purpose. The provisions of this Manual
shall apply to every purchase of goods and services by County, unless an alternative purchasing
procedure is required by federal or state law, grant provisions or the purchase of any goods or services
obtained by or provided to County is pursuant to a contract which was executed prior to May 1, 2003,
and which contains a provision that allows the County to extend the term or period of such contract.
Any requirement of this Manual may be modified on a case-by-case basis by a majority vote of the
Board.
SECTION 2
DEFINITIONS
The words defined in this section shall have the meanings set forth below whenever they appear in this
Manual, unless; (1) the context in which they are used clearly requires a different meaning; or (2) a
different definition is prescribed for particular part or provision.
Administrative Approval Request (APR). A form used to request approval to: advertise Request for
Qualifications, advertise Request for Proposals, advertise Request for Bid for goods or services, award a
bid or contract, approve a Selection Committee required for Consultants' Competitive Negotiation Act
(CCNA) services, execute a Task Order or Work Order under a continuing service agreement, purchase
non-budgeted equipment, execute a construction contract change order or consultant contract
amendment or execute a Technology Investment Plan (TIP) amendment.
Bank. The financial institution, which has entered into an agreement with the County to provide the
Purchasing Card Program.
Bid. A price offered by a vendor to furnish specific Goods, Services and/or Construction in response to
a Request for Bids (RFB).
Billing Cycle. The monthly billing period that begins on a set date of each month and ends on the same
date the following month.
Board or BCC. The Board of County Commissioners of Martin County, Florida.
Cardholder. The employee responsible for making purchases for department with a purchasing card.
Cardholder Agreement. The terms and conditions of the card issue that define Cardholder use of the
purchasing card.
Certified Minority Business Enterprise. A business enterprise which has been certified by the State of
Florida Department of Management Services as a minority business enterprise in accordance with the
provisions of the "Small and Minority Business Assistance Act of 1985".
Change Order. A contract modification that changes the specifications, statement of work, drawings,
contract value or the contract performance time.
Construction. The process, usually requiring the professional services of an architect and/or engineer, of
building, altering, repairing, improving, abating or demolishing any structure or building or other
improvements of any kind to any real property. This does not include routine repair, operation or
maintenance of existing real property.
Consultant's Competitive Negotiation Act (CCNA) State law governing the procurement of
Professional Services performed by any architect, professional engineer, landscape architect, or
registered surveyor and mapper in connection with his or her professional practice (287.055 Fla. Stat).
Consultant Services. Any narrow discipline wherein a known practitioner has, through education and
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experience, developed expert advisory and/or programming skills as a vocation; or any service
performed primarily by vocational personnel which requires the analysis or certification of a
professional before the services are acceptable to the user of the service; or any other advisory, study or
programming activity, where the provider of any such consultant service is ordinarily obtained by means
other than lowest price. This term shall not include construction or employment agreements.
Continuing Contract. A contract that allows for incremental execution using individual task orders.
Contract. Means (a) a deliberate verbal or written agreement between two or more competent parties
to perform a specific act or acts; (b) any type of agreement regardless of what it is called for the
procurement of goods, services, consultant services, or construction; and (c) a purchase order.
Contractor. Any person having a contract with the County
County. Martin County, Florida.
County Administrator. The County Administrator of Martin County, Florida, or such person"s
designee.
Department Director. The duly appointed Director of any department of County. For the purposes
of this Manual, the term Department Director shall include the Assistant County Administrator and
the County Attorney.
Design-Build Firm. A partnership, corporation, or other legal entity that:
1. Is certified under s. 489.119 to engage in contracting through a certified or registered general
contractor or a certified or registered building contractor as the qualifying agent; or
2. Is certified under s. 471.023 to practice or to offer to practice engineering; certified under s.
481.219 to practice or to offer to practice architecture; or certified under s. 481.319 to practice or
to offer to practice landscape architecture.
Design-Build Contract. A single contract with a design-build firm for the design and construction of a
public construction project.
Design Criteria Package. Concise,performance-oriented drawings or specifications for a public
construction project. The purpose of the design criteria package is to furnish sufficient information to
pennit design-build firms to prepare a bid or a response to an agency's request for proposal, or to permit
an agency to enter into a negotiated design-build contract. The design criteria package must specify
performance-based criteria for the public construction project, including the legal description of the site,
survey information concerning the site, interior space requirements, material quality standards,
schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and
construction schedules, site development requirements, provisions for utilities, storm water retention and
disposal, and parking requirements applicable to the project.
Design Criteria Professional. A firm who holds a current certificate of registration under chapter 481
to practice architecture or landscape architecture or a firm who holds a current certificate as a registered
engineer under chapter 471 to practice engineering and who is employed by or under contract to the
agency for the providing of professional architect services, landscape architect services, or engineering
services in connection with the preparation of the design criteria package.
Designee. A duly authorized representative of a person holding a superior position.
Emergency Purchase. An expeditious purchase of goods, services, consultant services and/or
construction to reduce an imminent or existing threat to the health, safety or welfare of persons or
property within the County.
E-Payables. A method of payment whereby a vendor is issued a credit card number and notified by e-
mail when payments are authorized.
Family. Parent, sister, brother, spouse, children, nieces, nephews, step-parent, step-children, step-
brother, step-sister, half-brother, half-sister, daughter-in-law, mother-in-law, father-in-law, brother-in-
law, sister-in-law, son-in-law, aunts, uncles, grandchildren, and grandparents of a County employee, as
well as members of the same household and their parent, sister, brother, children, nieces, nephews, step-
parent, step-children, step-brother, step-sister, half-brother, half-sister. Daughter-in-law, mother-in-law,
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father-in-law, brother-in-law, sister-in-law, son-in-law, aunts, uncles, grandchildren and grandparents of
a County employee.
Financial Analyst. A County employee responsible for a departmental budget.
Fixed Assets. Items with useful life over a year and valued over$1,000.
Goods. Any tangible personal property other than real property.
Item. A single separate unit, article,product,material, or service.
Local Business. A business which meets all of the following criteria:
1. Has had a fixed office or distribution point located in and having a street address within Martin,
St. Lucie, Indian River or Okeechobee County for at least one year immediately prior to the
issuance of the request for competitive bids by the County. The fixed office or distribution point
must be staffed. Post office boxes shall not be used or considered for the purpose of establishing
a physical address; and
2. Has had, for at least one year immediately prior to the date of the issuance of the request for
competitive bids by the County, a current local Business Tax Receipt issued by Martin, Indian
River, Okeechobee or St. Lucie County, if applicable.
3. Holds any license or competency card required by County; and
4. If the contract is awarded, will be the person or entity in direct privity of contract with the
County and not as a subcontractor, other lower tier subcontractor, materialman or supplier.
Merchant Categoiy Code (MCC) Limit. A method to control allowable spending. All merchants are
assigned an industry-specific MCC code, which the County can restrict from Purchasing Card access.
Once an MCC code is blocked, attempted purchases from all merchants within that category will be
declined.
Minority Business Enterprise. Any small business concern which is organized to engage in commercial
transactions, which is domiciled in Florida, and which is at least fifty-one percent (51%) owned by
minority persons, and whose management and daily operations are controlled by such persons. A
minority business enterprise may primarily involve the practice of a profession.
Minority Person. A lawful permanent resident of Florida who is:
1. A Black American—a person having origins in any of the Black racial groups in Africa.
2. A Hispanic-American—a person of Spanish or Portuguese culture, with origins in Mexico, South
America, Central America, or the Caribbean, regardless of race.
3. An Asian American — a person having origins in any of the original people of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Islands, including the Hawaiian Islands
prior to 1778.
4. A Native American— a person having origins in any of the Indian Tribes of North America prior
to 1835.
5. An American woman.
Monthly Limit. The maximum dollar value of charges a Pcard holder is authorized to make during the
billing cycle.
Non-local business. A bidder which is not a local business as defined herein
Personal Property. Property consisting of movable articles both physical, such as furniture or
computers, or non-physical, as stocks or bonds.
Proposal. An executed formal document submitted to the County stating the goods, consultant services,
and/or services offered to satisfy the need as requested in a request for proposal.
Public Record Exemptions. Items which are exempt from Chapter 119 Florida Statutes pursuant to a
specific statutory exemption.
Purchase/Procurement. Buying, purchasing, renting, leasing, or otherwise acquiring any supplies,
materials, equipment, goods, consultant services, construction, and/or services required by the County
for public purposes in accordance with the law and County procedures.
Purchase Order(PO). A County document used to authorize a purchase transaction with a vendor.
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Purchasing. A Division of the Administration Department headed by the Purchasing Manager and
responsible for procurement of goods and services.
Purchasing Card (Pcard). A charge card issued to an employee for the purpose of making authorized
purchases on the County's behalf.
Qualified Bidder, Offerer, Proposer, Quoter, or Respondent. An individual or business entity that has
submitted a bid, offer, proposal, quotation, or response and that has the capability in all respects to
perform fully the contract requirements, and the integrity and reliability that gives reasonable assurance
of good faith and performance.
Quotation. Any oral or written informal offer by a vendor to the County to furnish specific goods
and/or services at a stated price.
Real Property. Property consisting of lands and all rights, privileges, or improvements belonging to and
passing to lands, as buildings, crops, or mineral rights.
Request for Bids (RFB)/Advertisement. The solicitation document used for competitive sealed bidding
for the purchase of goods, services, and/or construction, for which the County has adequate funding.
The invitation for bid is used when the County is capable of specifically defining the scope of work for
which the contractual service is required or when the County is capable of establishing precise
specifications defining the actual commodity or group of commodities required. A written solicitation
includes a solicitation that is electronically posted.
Request for Proposals (RFP). A written solicitation for competitive sealed proposals responses for
goods, consultant services, and/or other services, including solutions or alternative solutions for the
scope of work, specifications, or contractual terms and conditions as defined, for which the County has
adequate funding. The request for proposals is used when it is not practicable for the County to
specifically define the scope of work for which the commodity, group of commodities, or contractual
service is required and when the County is requesting that a responsible vendor propose a commodity,
group of commodities or contractual service to meet the specifications of the solicitation document. A
written solicitation includes a solicitation that is electronically posted. Evaluation of a proposal or
response is based on prior established criteria which involves more than price. The RFP shall state the
relative importance of price and other evaluation criteria.
Request for Quotation. An infoinial request either oral or written to solicit prices for specific goods
and/or services.
Responsible. A vendor who has the capability in all respects to fully perform the contract requirements
and the integrity and reliability that will assure good faith performance.
Responsive. An\vendor that has submitted a bid, offer, proposal, quotation or response that conforms in
all material respects to the solicitation.
Services. The furnishing primarily of labor, time, and/or effort by a Vendor, wherein the provision of
goods or other specific end products other than documents relating to the required performance is
incidental or secondary. This term shall not include construction or employment agreements.
Services Rendered Contract. A contract used for the provision of services from an individual/person
(not a legally formed entity).
Single Invoice Limit. The maximum value of charges a Cardholder is authorized to make during a
single transaction.
Single Project Contract. A contract for a single defined project.
Single Source. Goods and/or services which may be available from more than one source but for a
justifiable reason, needs to be acquired from a particular vendor.
Small Business. An independently owned and operated business concern which employs fifty (50) or
fewer full-time employees, and which has a net worth of not more than one million dollars
($1,000,000.00). As applicable to sole proprietorships, the one million dollars ($1,000,000.00) net
worth requirement shall include both personal and business investments.
Small Purchase. Any budgeted purchase of goods, services or commoditiesin an amount of$25,000 or
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less per fiscal year or contract period. For purposes of this definition, reasonable or common
components of a transaction shall be cumulatively considered part of a single contract such that no
purchase shall be artificially divided so as to appear to fall within the definition of a small purchase.
Sole Source. Goods and/or services which are propriety, or available from only one source, and for
which there are no competitive alternate sources
Solicitation. Request for information, expression of interest, request for bids, request for qualifications,
request for proposal, request for quotation, or a multi-step bidding procedure.
Task Order. An individual request for products or services under a task order contract. These contracts
are structured to allow incremental execution using individual task orders.
Vendor. An actual or potential consultant, supplier or contractor of construction, goods, services, and/or
consultant services.
Work Order. An individual request for services under a continuing services contract. These contracts
are structured to allow incremental execution using individual work orders.
Works System. A Software System available to the County for the purpose of recording the details
about purchases and credits made using the Purchasing Card.
SECTION 3
UNAUTHORIZED PURCHASES
3.1 County employees are not authorized to purchase non-exempt goods or services without a
Purchase Order or Pcard except in cases of emergency as defined herein.
3.2 Any purchase made contrary to the provisions of the Purchasing Manual shall not be binding on
the County unless approved by the Board or designee and may be subject to disciplinary action. All
procurements shall comply with Florida Statute if applicable.
3.3 The purchase of food with County funds must be for a public purpose and pre-approved in
writing by the County Administrator or Designee, except for purchase of food for resale and food
provided for the Martin CARES program, both of which are allowed
SECTION 4
ETHICAL STANDARDS
Violations of ethical standards shall be handled in accordance with applicable state statute and the
County Human Resources Manual. The Purchasing Division complies with the National Institute of
Government Purchasing (NIGP) Code of Ethics.
SECTION 5
REVISION TO PURCHASING MANUAL
The Purchasing Manual will be reviewed no less than every two years by the County Administrator in
accordance with Section 135.6 of the County Code of Ordinances. Any revisions must be approved by
the Board by resolution.
SECTION 6
CONFLICT OF INTEREST
The following standards of conduct apply generally to all transactions and specifically to all federally
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supported grant projects.
1. No elected official, employee, or agent of the County shall participate in the selection, nor in the
award/, nor administration of a contract, nor the procurement of goods or services, if a conflict of
interest, real or apparent, would be involved. Such a conflict would arise when the elected
official, employee, or agent; any member of his/her immediate family, his/her partner, or an
organization which employs, or is about to employ, any of the above, has a financial or other
interest in the firm selected or considered for award. The County's elected official, employees,
or agents shall neither solicit nor accept gratuities, favors, or anything regardless of value from
contractors,potential contractors, or parties to sub-agreements.
Violations of these standards of conduct may result in disciplinary action as set forth in Section
112.371, Florida Statutes provided that such disciplinary action does not conflict with the
jurisdiction of the State of Florida Commission on Ethics.
SECTION 7
PURCHASING DIVISION
7.1 General. The Purchasing Division is headed by the Purchasing Manager established in the
Administration Department, as designated by the County Administrator.
A. The goals of the Purchasing Division and the responsibilities of the Purchasing Manager are
to provide high quality, professional service to internal and external customers and to
establish a centralized purchasing function that accomplishes the following:
B. Assures compliance with the laws and regulations that govern public procurement in the
State of Florida;
C. Provides uniformity in the procurement of goods and services by employees and agents of
the County;
D. Provides an open, fair, and competitive process for obtaining goods and services;
E. Promotes cost efficiency in the procurement of goods and services; and
F. Makes expert assistance available to County employees and agents of the County.
7.2 Function. The functions of the Purchasing Division are:
A. Procurement, including, but not limited to:
1. Identifying department needs for goods and services and assisting in/or preparation of
bidding documents;
2. Researching and evaluating specified goods and services to establish vendor sources for
required commodities;
3. Acquiring goods and services;
4. Maintaining a fair and open arena for all vendors;
5. Assisting in preparation of unit price contracts for County Departments that have an on-
going need for various commodities;
6. Researching past, current and future market trends of various markets to include
new sources of supply, pricing, serviceability and other factors which can assist
management in making buying decisions;
7. Assisting in-County municipalities, contiguous counties/cities, vendors,
Constitutional Officers, and State Agencies, as needed;
8. Promoting positive aspects of "doing business" with County in order to further
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encourage and maintain a fair and open arena for competition,
9. Providing or coordinating training applicable to procurement functions; and
10. Fixed asset inventory control.
7.3 Procurement Files.
A. Any and all procurement determinations relating to the solicitation, award or performance
evaluation of bids or proposals shall be maintained in Procurement files by the Purchasing
Division except those procurements subject to the Small Procurement exceptions under
$25,000 which shall be maintained by those Departments.
B. All procurement records shall be retained and disposed of by the County in accordance with
records retention guidelines and schedules approved by the Division of Archives of the State
of Florida. If a contract is funded, in part or in whole, by a federal agency, then all
procurement records pertaining to that contract shall be maintained for the time specified in
the funding contract.
SECTION 8
TRANSACTIONS EXEMPT FROM COMPETITIVE PROCUREMENT
8.1 The following transactions are exempt from competitive procurement:
A. Real Property Acquisition, such as land, easements, rights-of-way, existing buildings,
structures, or improvements, resulting from negotiations and approved by the Board
B. Court-ordered fines and judgments, resulting from litigation
C. Exceptional disbursements as authorized by the Board
D. Court-ordered fees, resulting from the judicial process, processed by the Clerk of the Court,
and charged against the appropriate budget for such fees
E. Cash transfers and investment transactions for fiscal management purposes, processed
through the Accounting Department, and disbursed from general ledger accounts
F. Accrued or current liabilities already disbursed from the budget, processed through the
Accounting Department, and paid from or through general ledger accounts
G. Debt service payments processed by the Accounting Department and charged against
budgetary accounts
H. Refunds
I. Grant disbursements to federal, state, or local government agencies, or to private groups or
agencies
J. Disbursements to County officers of funds budgeted for their requisition and use
K. Inter-fund or inter-departmental transfers or reimbursements within or among County
Departments
L. Aid disbursements for JPTA participants, housing and rental subsidies, hospital indigent
payments, medicaid, or other welfare and medical assistance
M. Insurance including but not limited to liability, property, medical, and workers compensation
insurance or payments from any loss fund established for such purpose
N. Utilities(electricity, natural gas, telephone, cell phones,pagers, etc)
O. Advertising in newspapers, magazines, etc.
P. Toll charges
Q. Gas credit card charges
R. Postage and express mail costs
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S. Dues and memberships in trade or professional organizations
T. Subscriptions for periodicals, magazines, newspapers, copyrighted material, etc.
U. Recreational instructors, entertainers and sports officials
V. Professional medical services and authorized hospital expenses
W. Medical supplies purchased by the County for the Employee Wellness Center provider
X. Job-related travel, seminars, tuition registration/reimbursement and training
Y. Legal services including attorneysexpert witnesses, court reporter services and legal fees
Title insurance, title commitments, title searches, and ownership and encumbrance searches
and real estate appraisal services to determine the market value of real property
Z. Political lobbying services
AA. Transactions authorized by Interlocal Agreement
BB. Works of art for public places, and art design, maintenance and conservation services
CC. Copyright materials purchased by the Library Division for public use
DD. Franchise agreements
EE. Environmental mitigation credits
FF. Security and Law Enforcement Services provided by employees of the Martin County
Sheriffs Office or City of Stuart Police Department. A Services Rendered contract shall not
be required for these services.
GG. Camp programs including admission fees to parks, movies, entertainment venues, etc.
HH. Services provided by non-profit organizations, educational institutions, governmental and
quasi-governmental agencies
II. Transactions related to "In-kind Exchange Agreements" under the Parks Department
Revenue Enhancement Program.
JJ. Vehicle registration fees
KK. Hotel and motel accommodations
LL. Office space rental or lease
MM. Permit and license fees
NN. Fees owed to the Clerk of the Circuit Court or other constitutional officers
00. Railroad leases, maintenance &repair charges and fees
PP. Warranty or maintenance agreement costs required by the original manufacturer or installer
QQ. Proprietary software maintenance agreements
RR. Mandatory drug court testing services
8.2 Sales Tax Savings. In order to limit the Florida Sales Tax upon a project and pursuant to
Florida Statutes, and particularly Rule 12 A-1.094 (3), Florida Administrative Code, purchases
under this procedure shall be exempt from competitive procurement.
A. The County shall issue a Certificate of Entitlement to the Contractor certifying: (1) that the
materials and supplies purchased will become part of a public facility; and (2) that the
County will be liable for any tax, penalty or interest due should the Department of Revenue
later determine that items purchased do not qualify for exemption.
B. County shall provide to Contractor a requisition form to be utilized for purchase of those
supplies, materials and equipment (SME) described herein. County reserves the right to, at
any time during the term of the project, add to, delete from or modify the description of
supplies, materials and equipment described herein, at County's sole discretion.
C. Requisition forms will only be issued for the SME described herein. Such forms shall be
prepared and submitted by the Contractor to the County. Such form shall be submitted in
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sufficient time for review and consideration by County so that the materials may be acquired
directly by County and delivered to the project site in sufficient time to assure its availability
at the time that it is needed and so as not to delay progress of the project. It shall be the
responsibility of contractor to assure that such requisition forms are submitted to County's
representative for approval by County with sufficient time for the County's review and
processing, such that no delay shall impact the need for or order of the item. It shall be the
responsibility of Contractor to assure the subcontractors, sub-subcontractors, specialty
contractors and others have the materials sought to be requisitioned on hand at the time
required for installation in accordance with the project schedule.
D. County will issue Purchase Orders to the appropriate vendors as designated and shown upon
requisition forms. A copy of the Purchase Order will be returned to the Contractor.
E. Upon delivery of the material purchased to project site, a delivery ticket shall be signed by a
representative of County and by doing so the County shall take title of the materials
delivered. Delivery ticket must be attached to the invoice to County, to be forwarded
through Contractor.
F. Invoices addressed to the Martin County Board of County Commissioners shall be submitted
by the Contractor to the County in a timely manner so as to allow County to take advantage
of any applicable discounts. Payment of invoices for materials purchased as described in this
procedure shall be issued by the County directly to the vendor to whom the Purchase Order
was issued.
G. Contractor shall prepare a complete list of instructions to be distributed to all applicable
subcontractors with the procedures to be followed under the Sales Tax Savings Procedures.
These instructions shall cover those matters hereinafter set forth.
H. Materials, supplies, and equipment acquired using this procedure shall be subject to the
warranty provisions as required by the Contract between the Contractor and the County.
Contractor acknowledges that County will be ordering materials for said project pursuant to
the ability to benefit from the tax savings provisions of this agreement. Contractor further
agrees that it shall be responsible for acceptance of delivery, storage, and installation of said
products ordered by County. Further, Contractor shall be liable for all loss or damage to said
products subsequent to delivery of same from the vendors/suppliers.
I. Foregoing procedure is for the purpose of limiting Florida Sales Tax upon the project
pursuant to Florida Statutes and particularly Rule 12 A-1.094(3), Florida Administrative
Code. Provisions hereof and procedures shall be construed in order to carry out the intent of
the parties. Provisions hereof and procedures established hereby may be amended by County
at any time, upon any indication that such change, amendment or alteration is necessary to
assure non-taxable sales tax treatment of the project.
J. The Contractor shall be responsible for any defects, storage, delivery, and installation as set
forth in the Contract Documents for any and all materials, products, and systems purchased
by the County's purchase orders. The Contractor shall maintain as a part of the required
Builders' Risk Insurance, or other insurances being provided, full replacement coverage for
all items purchased by the County under this Sales Tax Savings Procedure.
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SECTION 9
PAYMENT FOR GOODS & SERVICES
9.1 Prompt Payment Act. In accordance with Chapter 218, Fla. Stat, local governments are
required to pay vendors for goods and services in a timely fashion. Departments are required to
date stamp invoices upon receipt and shall make payment within:
A. 45 days for goods or services other than construction services, and
B. 25 days for construction services.
9.2 All purchases of goods and services will have a properly completed Purchase Order or Pcard
transaction form except for purchases exempt from competitive procurement listed in Section 8.1
which are to be paid by Purchase Confirmation Letter
9.3 Services Rendered Contract. A Services Rendered Contract is required for all services
provided by an individual/person (not a legally formed entity). Services that exceed $25,000
annually by an individual require a formal bid or justification of single source.
9.4 Purchasing Card (Pcard). Failure to comply with this policy may result in employee removal
from the Pcard Program and other disciplinary action as appropriate in accordance with County
disciplinary procedures.
A. The goals of the Pcard program include:
1. Providing an efficient and cost effective method of purchasing and paying for goods and
services required by departments.
2. Reducing the use of petty cash and open-ended Blanket Purchase Orders;
3. Ensuring Procurement and Pcard purchases are in accordance with the Martin County's
policies, Florida Statutes, Chapter 287 (F.S.); and Florida Administrative Code 60A-1
(F.A.C.)
4. Reducing the time and money spent processing low dollar transactions;
5. Ensuring that Martin County bears no legal liability from inappropriate use of Pcards;
and
6. Providing for disciplinary action if the Pcards are misused.
B. A PCard will be issued to Field Personnel and other employees who frequently purchase
goods or services. Single limits and monthly limits will be established by the County
Administrator or Designee.. All Purchase cards will have a maximum monthly limit and a per
transaction limit that shall be determined and approved by the County Administrator or
Designee.. There shall be no capital equipment, computers, or capitalized software purchased
with this type card (items in excess of $1,000.00 and/or those that are to be added to the
County's fixed asset file). Purchases may not be split or staggered to stay within the
aggregate purchase limit. Splitting, or staggering charges will be considered abuse of the
Pcard Program.
C. Process Overview
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1. The County Administrator or Designee will authorize the issuance of a Pcard to an
employee.
2. Purchasing coordinates issuance of a Pcard to an employee.
3. Cardholder orders goods or services for purchase from a vendor who accepts Visa.
4. The vendor processes the card information to obtain authorization for the purchase.
5. The Bank verifies the account number and spending control limits on the card.
6. The Cardholder receives the merchandise and a copy of the receipt.
7. The vendor receives payment for the merchandise.
8. The Cardholder delivers the receipt to the Accounts Assistant or designee. The Accounts
Assistant or designee updates the Pcard transaction form with sufficient detail for
forwarding to the Financial Analyst for approval.
9. The Financial Analyst reviews transactions. The Financial Analyst initials receipt, inputs
info into Banner and forwards the approved purchase receipts to the Accounting
Department.
10. The County receives the transaction information electronically from the bank through its
Active Card Integration on a weekly basis or as needed. Accounting reviews the
statement submitted by the bank and compares it to the Works system reconciliation and
receipts from the Departments.
11. Accounting pays the consolidated statement to the Bank by the due date via ACH Credit.
D. Responsibilities
1. Cardholder cannot approve any of his/her card purchases, but is responsible for the
following:
a. Holding and securing the Pcard and card number;
b. Receiving all required approval prior to making a purchasing commitment.
c. Buying supplies and services;
d. Informing vendor of tax-exempt status prior to processing sale transaction;
e. Collecting and saving sales receipts for further processing;
f. Receiving and promptly inspecting all ordered materials and services;
g. Reporting discrepancies to vendor and notating the receipt of discrepancy;
h. Reporting lost, stolen, or compromised P-cards to the Bank and Purchasing
immediately;
i. Disputing unauthorized transactions using the appropriate dispute form;
j. Reviewing/verifying charges with the Department Head or Designee;
k. Ensuring that sufficient budget is available for purchases made;
1. Identifying, contacting and reversing disputed charges with vendors;
m. Submitting receipts to the Financial Analyst in a timely manner;
n. Complying with Martin County rules and procedures.
2. County Administrator or Designee is responsible for the following:
a. Designating Pcard Holder and communicating same to Purchasing
b. Requesting Pcards and establishing appropriate limits;
3. Purchasing is responsible for the following:
a. Evaluating the need to cancel or reissue cards and making recommendations to the
County Administrator;
b. Collecting revoked cards from Cardholders
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4. Accounts Assistant is responsible for the following:
a. Reviewing all purchases for correct account information and purchase information.
b. Modifies account information as needed for Financial Analyst approval.
5. Financial Analyst is responsible for the following:
a. Reviewing and approving all purchases for correct account information and purchase
information.
b. Sign off on receipts that match transactions in the Works System and forward same
receipts to Accounting.
6. Purchasing is responsible for the following:
a. Training Cardholders;
b. Maintaining program policy and procedures, Cardholder guides and/or manuals and
all Cardholder Application Forms;
c. Pursuing supplier discount opportunities;
d. Evaluating Pcard feedback from suppliers;
e. Coordinating program policy issues;
f. Participating in resolving billing disputes;
g. Ensuring compliance with all County policies and procedures and recommending
disciplinary action to appropriate Administrators.
h. Facilitating temporary and permanent changes in blocked MCC's to the bank.
i. Reviewing and communicating to the Bank all Pcard requests and changes to card
limits
j. Organizing the issuance and cancellation of cards;
7. Accounting Department is responsible for the following:
a. Developing and maintaining internal controls;
b. Assisting in ongoing program reviews;
c. Performing a pre-audit over receipts and charges using the Works system;
d. Paying monthly charges from the consolidated statement;
e. Filing monthly statements and supporting documentation;
8. Bank is responsible for the following:
a. Activating and deactivating Pcards at the request of the PCA;
b. Paying suppliers;
c. Provide electronic access to account information;
d. Controlling pre-defined Cardholder limits;
e. Providing monthly statements and reporting information;
f. Providing duplicate copies of sales receipts in case of disputed charges;
g. Providing customer service.
E. Procedures for Obtaining and Using the Purchase Card
1. Requesting a Pcard
a. All requests for Pcards must be submitted to the County Administrator or Designee
by the Department Head via a P-card Application and Approval Form. No credit
checks will be made against individual cardholders. The County Administrator or
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Designee must approve all requests for Pcards before a credit card is issued.
b. Purchasing will review the approved application and coordinate the issuance of the
Pcard with the bank, and notify the cardholder of the next available Pcard training
session.
c. The Cardholder will attend a mandatory Pcard Program training session, sign the
Cardholder Acceptance form, and receive a "Pcard Handbook". No cards will be
issued until these requirements are completed.
d. The Bank issues the Pcard and mails it to Purchasing, who presents it to the
Cardholder. The Cardholder will sign in the signature space on the back the card at
the time the card is released to the cardholder.
e. The Cardholder Acceptance form will be retained in his/her Personnel File and in
Purchasing.
2. Modifying Pcard Limits
a. All requests for modifications to Cardholder limits must be submitted by the
Cardholder and Department Director via a P-card modification form to the County
Administrator or Designee.
b. The County Administrator or Designee reviews and approves all modifications to
limits and submits it to Purchasing for processing.
3. Using the Pcard—General Information
a. Placing Orders: The Cardholder may pick up supplies or services, or place an order
for these by telephone, facsimile or electronically. Internet purchases must be made
over a secured transmission. Any purchases that require approvals, must be obtained
prior to placing the order.
b. Back Orders: The Cardholder must confirm that the vendor will charge the Pcard
when shipment is made so that receipt of the supplies may be certified on the monthly
statement. (This is also a requirement of the vendor's contract with Visa). The
supplies or services must be immediately available for pick up, shipment or delivery
within the monthly billing cycle. The order should not be placed without this
assurance. No back ordering is allowed when using the Pcard.
c Authorized Purchases and Uses:
1. When a vendor does not accept a County issued purchase order or check and the
goods or services aren't available elsewhere
2. Purchases that can only be made via the interne with a credit card
3. Urgent needed supplies or service (must be verifiable)
4. Emergency purchases (must be verifiable)
d. Prohibited Purchases: The Pcard is to be used for Martin County authorized
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purchases only. Purchases for Federally funded projects are allowed unless
specifically prohibited on a named grant basis (some grants may not allow for this
type of purchasing). The Pcard cannot be used for any personal use. The cardholder
is the only person authorized to use the assigned Purchasing Visa Card.
The following supplies and services shall not be purchased with the Pcard:
1. Personal Items
2. Cash Advances
3. Gas and Oil Products (unless purchased for a County owned vehicle)
4. Personal telephone calls
5. Surplus Items in the Warehouse
6. Meals unless specifically allowed in grants or authorized per Purchasing Manual
Section 3.2. .
7. All other supplies or services that may be prohibited by the Financial Analyst or
Purchasing Manager.
e. Travel: Pcard may be used for pre-approved travel arrangements, to include:
1. Hotel/motel reservations and payments.
2. Air flight reservations.
3. Air flight travel payment.
4. Rental car.
Pcard may not be used for meals or other travel expenses.
There is no transaction dollar limit on travel. However, all travel/reservations must
follow the approved County Travel Policy..
f. Dollar Limits: A purchase may consist of multiple items, but the total invoice
(including shipping) cannot exceed the Cardholders single purchase limit. All
purchases on cards over the single transaction limit assigned must be pre-approved
according to section 2a"Modifying P-card limits". The single purchase limit for cards
will be determined at the time of issue. Charges for purchases shall not be split or
staggered to stay within the single purchase limit. Splitting or staggering charges will
be considered abuse of the Pcard Program.
g. Sales & Use Tax: Martin County is exempt from paying any State of Florida sales
and/or use tax. The County's sales tax exemption number is printed on the face of the
Pcard. It is the responsibility of the Cardholder to make the vendor aware that the
transaction will be tax exempt prior to processing the sale. If the vendor charges sales
tax, the Cardholder must contact the vendor and obtain a credit equal to the amount of
the sales tax. It is not permitted under these procedures for a vendor to issue cash to
settle a sales tax error. If you have a problem with any vendor about sales or any
other tax, please contact Purchasing.
h. Documentation: For all transactions, the Cardholder must retain the original
customer's copy of the summary charge slip, along with the detail receipt, which
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identifies every item purchased and the corresponding item cost in order to forward to
the Financial Analyst for approval who will in turn forward the documentation to
Accounting. For telephone or internet orders, the Cardholder must retain the receipt
and/or packing slip. For all purchases of airline tickets, hotel accommodations, and
rental cars, for County employees an approved Travel Authorization, must be
attached to the receipt.
i. Missing Documentation: Where supporting documentation is missing, the Cardholder
must contact the vendor and request a duplicate receipt. If the Cardholder is still
unable to obtain documentation the cardholder must contact the Pcard Administrator.
Failure to provide adequate documentation will result in disciplinary action and
employees may be required to reimburse the County for unsupported transactions.
j. Credits: When items are returned a receipt must be obtained to verify credit is
received and turned in like a sales receipt.
k. Denied Purchase: The Cardholder must report a denied point of sale or other rejected
purchases to Purchasing. Information to be provided includes Cardholder name and
account number, vendor and date of declined sale. Purchasing shall inquire into the
denied sale, take appropriate action and report back to the Cardholder.
1. Modification of Merchant Category Codes, (MCC's): The card holder should report
purchases denied due to blocked MCC to Purchasing at once. Upon review of the
denial and blocked code Purchasing may, at their discretion, request the bank to make
a temporary or permanent change to the blocked MCC in question.
m. Funding: A cardholder must follow the department's administrative funding
procedures to ensure that sufficient funds are available prior to making a purchase.
n. Compliance: Use of the Pcard does not relieve the cardholder from complying with
Federal, State, Local laws, ordinances, regulations, or County policies and
procedures. A cardholder may be required to substantiate necessity or official use.
Misuse of the Pcard shall be subject to the immediate payment of all improper
charges by the card holder and revocation of Pcard privileges. Resolution of
situations involving improper use of the Pcard will be handled by the appropriate
authority in accordance with the County's Policies and Procedures. Misuse may result
in penalties up to and including termination.
o. Questions: Questions regarding Pcard procedures should be directed to Purchasing.
4. Reconciling Monthly Statements
a. The Bank will provide Accounting with monthly memo statements, for verification of
charges and reconciliation approximately 1-2 days after the end of each billing cycle.
b. The Cardholder must verify receipt of goods or services for all purchases and have
supporting documentation (such as invoices, charge slips, receipts and packing slips)
for all credit transactions were processed on their card and submit to the Accounts
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Assistant.
c. The Financial Analyst approves all transactions have been made for a proper public
purpose and in accordance with the purchasing manual and the budget. The Financial
Analyst will forward all receipts for transactions approved in the Works System to
Accounting for reconciliation with the monthly statement.
5. Payment&Reconciling
a. The vendor is paid by the Pcard provider within 3 days of the receipt of goods or
services.
b. Accounting will pay the consolidated billing statements within 14 days from the
receipt of the statement. The County retains the right to dispute a charge up to 60
days after the statement date in which the transaction occurred.
6. Resolving Returns and Credits, Disputes and Erroneous Charges
a. The Cardholder must resolve problems directly with the vendor. The vendor must
issue a credit for billing errors, sales tax, defective supplies or unacceptable services,
returned supplies or canceled orders. This credit should appear on the Cardholder's
statement within 60 days. Under no circumstances can the employee accept cash to
settle a disputed amount.
b. If the Cardholder is unable to resolve the issue with the vendor, or Cardholder's credit
does not appear on the monthly statement within 60 days, Cardholder should contact
the Financial Analyst and Purchasing
c. When an account is in a dispute status, the disputed amount will still be included in
calculating the available money for authorizations (monthly limit). However,
disputed items are removed from all finance charges, late charges, over-limit fees,
past due amounts and payment calculations. Disputes must be brought to the bank's
attention promptly to avoid payment of finance charges or payment of improper
unauthorized or erroneous amounts.
d. After the item has been entered as a dispute, the Bank must determine who is
responsible by researching the transaction including requesting a copy of the sales
draft when necessary.
e. If the problem is resolved between the merchant and the Cardholder while the item is
in dispute, the Cardholder should write the solution agreed upon on the bottom of the
Dispute Form that was previously faxed to the Bank, and fax it to the Bank again as
soon as possible. A copy must also be sent to Accounting.
f. If it is ultimately determined that the Cardholder is actually responsible for the
transaction, then the questioned amount will be added to the next monthly statement.
If the Cardholder is not responsible for the transaction, the dispute is settled for the
Cardholder and the charge-back process will be initiated against the merchant by the
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Bank.
g. If there continues to be problems with a particular merchant, the Cardholder should
notify Purchasing.
7. Reporting a Lost or Stolen Pcard
If a card is lost or stolen, the Cardholder must immediately notify the Bank's customer
service at 877-451-4602 and Purchasing. The Cardholder must provide the Bank with the
Pcard's 16-digit account number. Access to the card will be immediately blocked, and the
Cardholder shall not be responsible for any charges after the card is reported lost or
stolen. The Bank will also require the Cardholder to submit written confirmation by fax
or by mail of the card cancellation request reported verbally. A replacement card will be
issued by the Bank and delivered to Purchasing.
8. Pcard Termination
a. Employees leaving County employment: The Department Director or designee will
immediately notify Purchasing of terminated employees who hold Pcards.
Purchasing will cancel the card of an x-employee immediately.
b. Exit Interview: During the exit interview, the Department Director or designee will
obtain the Pcard from the terminated employee. The Department director or designee
must notify Purchasing when Pcards belonging to terminated employees are not
returned.
c. Card Returned: The Department director or designee must return the Pcards to
Purchasing who will cancel and/or destroy these cards.
9. Revocation of Card
Recommendations to revoke Pcard privileges may be made to the County Administrator
or Designee by the Budget Manager and Purchasing. This recommendation would occur
as a result of the Cardholder's failure to follow the County's policy and procedures. The
Financial Analyst and Purchasing will coordinate on the recommendation for revocation
of Pcards. Upon acceptance of the recommendation to revoke by the County
Administrator or Designee,purchasing will immediately cancel the cards.
a. The Financial Analyst will obtain the revoked Pcard from the employee.
b. The Financial Analyst shall return the Pcard to Purchasing. Purchasing shall cancel
and/or destroy the card.
10. Violations
Unauthorized purchases will result in disciplinary action up to and including termination
and the employee will be required to make payment for any such transaction. When
purchases are in question, the Financial Analyst is responsible for resolving the issue with
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the Cardholder. If the Financial Analyst is not satisfied that the purchase was necessary
and for official use, the Cardholder must provide either a credit voucher proving the
item(s) were returned for credit or a personal check made payable to Martin County, for
the full amount of the purchase, plus applicable sales tax. Checks must be sent along
with the receipt to Accounting via the Financial Analyst, with an explanation of why the
violation occurred.
The following actions are prohibited:
a. Purchases of items specifically prohibited by policy;
b. Purchases that exceed the Pcard limits;
c. Not reporting lost or stolen cards;
d. Purchases from vendors that create a conflict of interest (i.e., purchases from
companies owned or operated by County employee(s) and/or their relatives, etc.);
e. Inadequate record keeping and/or documentation of purchases;
f. Acceptance of cash in lieu of a credit to the statement;
g. Splitting or staggering of purchases within the single purchase limit.
SECTION 10
STATE OR FEDERALLY FUNDED GRANT PROCUREMENTS
10.1 The Board recognizes that certain procurement procedures for state or federally funded grant
programs may conflict with standard County procedures. The County Administrator is authorized to
modify County procurement procedures in order to comply with procurement procedures for state or
federally funded grant programs.
10.2 Purchases utilizing Federal Transit Administration (FTA) funds must comply with all
requirements in FTA Circular C 4220.1 F, as amended from time to time, (Exhibit A) and shall include
contract clauses in Appendix D, if applicable.
SECTION 11
COOPERATIVE PURCHASING AND OTHER GOVERNMENT CONTRACTS
A. Other Government Contracts
1. In lieu of bids or quotes, the County may utilize contracts of other governments and agencies
(also known as "piggybacking")to procure goods and services if the following conditions are
present:
a. The bid documents and selection procedures used by the other government or agency are
consistent with the County's purchasing regulations; and
b. The vendor is willing to sign an Authorization of Contract Rights issued by Martin County;
and
c. The vendor is willing to offer to the County the same unit prices submitted in the original
contract/bid; and
d. The unit prices in the original contract(s) include every item that the County intends to
purchase from the vendor.
2. Piggyback of contracts governed by Section 287.055, Fla. Stat., the Consultants Competitive
Negotiation Act (CCNA) is prohibited.
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3. Piggybacking may not be used for the following types of agreements, unless first approved by
the County Administrator:
a. Construction services,
b. Professional services contracts
4. A market analysis to ensure that the price is fair and reasonable is required for all FTA funded
piggyback purchases.
B. State Contracts. The State of Florida, Department of Management Services, Division of State
Purchasing, administers statewide contracts and agreements for use by Florida local governments.
Statewide contracts and agreements enable eligible users to pool their buying power to lower total
costs and reduce administrative burden while complying with Chapter 287 Florida Statutes
governing the purchase of products and services. Information is available at
www.dms.myflorida.com.
C. The following procurements are allowed from Government Service Administration(GSA) Contracts
(www.gsaadvantag e.gov):
1. Security and law enforcement equipment from GSA Schedule 84 and technology products and
professional services from GSA IT Schedule 70 and the IT Special Item Numbers on the
consolidated schedule.
2. Purchase directly from approved GSA Disaster Recovery Purchasing Program vendors before
and after major disasters or acts of terrorism to aid in recovery.
D. Cooperative Purchasing agreements are available for use by local governments to take advantage of
the buying power offered through multi-agency competitive solicitations through agencies including
but not limited to
1. U.S. Communities
2. The Purchasing Cooperative Network (TCPN)
3. National Intergovernmental Purchasing Alliance (NIPA)
4. National Joint Powers Alliance (NJPA)
5. National Cooperative Purchasing Alliance (NCPA)
6. Florida Sheriff's Association
7. Fire Rescue Group Purchasing Organization (FRGPO)
SECTION 12
PETTY CASH
A. Petty Cash purchases are limited to immediate need, small cash purchases which do not exceed
$25.00 (with the exception of vehicle registration fees) including:
1. Tools and repair parts when needed immediately to continue working;
2. Minor supplies when needed immediately to fulfill a deadline;
3. Vehicle registration fees.
B. Misuse of petty cash funds is subject to non-reimbursement and personal liability.
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SECTION 13
SMALL PURCHASES
A. No purchase of goods, consultant services, services and/or construction shall be artificially divided
so as to fall within the small purchase exemption. The County Administrator is permitted to
delegate small purchase authority, based upon submitting a purchasing plan. Signature authority may
not be redelegated by the delegee.
B. Small purchases include purchase of any item, service or commodity which adds up to less than
$25,000 in a fiscal year countywide, and are separated into three categories: $3,000 or less;
$3,000.01 to $10,000; and $10,000.01 to $25,000.
1. Purchases of$3,000 or less per fiscal year require no competitive quotes, but are expected to
be made from existing competitive contracts whenever possible. Each department will be
responsible for making a fair, and reasonable price determination, tracking expenditures and
maintaining files.
2. Purchases between $3,000.01 and $10,000 shall be based on three verbal, written or internet
quotations documenting all relevant information. Specifications provided to the vendors
must be complete, accurate and unambiguous in order to prevent shipment of inadequate
goods and to prevent claims arising from errors. The written quotes must clearly identify the
vendor making the quote and the total price being quoted. Summary quotes must be included
within the text of the purchase order, and the original quotes received retained by the
department for future reference.
3. The Purchasing Manager is delegated authority for purchases from $10,000.01 to $25,000.
Three written or internet quotations shall be obtained and documented in the Document Text
area of the Purchase Order. Specifications provided to the vendors must be complete,
accurate and unambiguous in order to prevent shipment of inadequate goods and to prevent
claims arising from errors. The written quotes must clearly identify the vendor making the
quote and the total price being quoted. Quotes shall only be valid for one (1) year.
However the quotes may be updated in writing or by telephone.
4. When evaluating quotes, Purchasing shall consider delivery charges, location of vendor (if
goods need to be picked up by staff) and/or factors other than cost that may affect the
Department's ability to acquire the needed goods and/or services.
5. An independent cost estimate is required for all purchases over $25,000 (over $3,000 for
FTA funding purchases) and can be obtained by:
a. Design/engineering firm or in-house technical staff for construction work,
b. Published price lists or past pricing with inflation factors,
c. Independent third-party staff member not impacted by the final procurement.
The independent cost estimate should be sent to Purchasing prior to approval of a purchase
order or with a request to advertise for bids. The form at Exhibit C may be used for this
purpose.
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6. A price analysis is required for all FTA funded purchases (Exhibit D).
7. A written record of procurement history is required for all FTA funded purchases over
$3,000 (Exhibit E).
8. Small purchases may be formally bid. If bid, all terms within the bid section of this manual
will apply.
C. Any change to a purchase order or contract made in accordance with the small purchase exemption
authorized by this Manual that would raise the total purchase order or contract value to an amount in
excess of$25,000, must be approved by the County Administrator. The requesting department will
be directed by Purchasing to formally bid the item, service or commodity prior to the next purchase
order being issued.
D. Make-Buy Procedure
When making purchases, the Department Director and Purchasing Manager shall consider:
1. The volume
2. The fixed cost of making
3. Per-unit direct cost when making
4. Per-unit cost when buying
The following formulas may be used when deciding to make or buy:
Cost to Buy(CTB) = Volume x Per-unit cost when buying
Cost to Make (CTM)=Fixed costs+ (Per-unit direct cost x volume)
Reasons for making include:
1. Cost concerns
2. Need of direct control over the product
3. Quality control concerns
4. Supplier unreliability
5. Lack of competent suppliers
6. Volume too small to get a supplier attracted
7. Reduction of logistic costs (shipping etc.)
8. To maintain a backup source
9. Political and environment reasons
10. Organizational pride
Reasons for buying include:
1. Lack of technical experience
2. Supplier's expertise on the technical areas and the domain
3. Cost considerations
4. Need of small volume
5. Insufficient capacity to produce in house
6. Brand preferences
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The Department Director and Purchasing Manager should consider the pros and cons between
making and buying in order to arrive at a decision.
E. Time and Materials contracts for FTA funded procurements shall only be allowed:
1. After determining that no other contract type is suitable,
2. If the contract specifies a ceiling price that the contractor may not exceed except at its own risk.
SECTION 14
SOLE SOURCE PURCHASES
A. A determination of sole source or single source may be made by the Purchasing Manager, as
designee of the County Administrator, after conducting a good faith review of available sources,
which demonstrates there is only one source for the required supply, service, or item. A record of
determination of the sole source shall be maintained by the Purchasing Manager. A sole source
procurement involving contracts or purchase of materials for the construction, modification,
alteration, or repair of any publicly owned facility shall be governed by Section 255.20 Fla. Stat.
B. For a commodity or service to be deemed a sole source procurement, the department must provide
the appropriate documentation proving at least one of the following:
1. A different brand, make, or specifications would be incompatible with currently owned
equipment.
2. The commodity is a component, repair, or replacement part of existing equipment for which no
commercially available substitute exists and the purchase can only be made from the
manufacturer, sole distributor or service provider.
3. Additional unanticipated commodities or services are needed to complete an ongoing task.
Sole source requests must be renewed once a year including justification and reaffirmation that a
good faith effort has been made to find other available sources.
C. In order for a vendor to be deemed a single source, the department must provide a justification that:
1. No other source can meet the County's requirements (a specific reason must be cited); or
2. the commodity or services is available from more than one source but there are advantages to the
County for choosing that vendor such as qualifications, past experience, uniqueness or
timeliness; or
The Purchasing Manager shall review and approve single source purchase requests under $25,000.
For purchases of $25,000 or more, a Notice of Intent to Single Source shall be posted on the
County's website and third party bidding site for at least 7 business days in accordance with s.
287.057(3)(c), Fla. Stat. The Notice will include a request that prospective vendors provide
information regarding their ability to supply the commodities or contractual services described. If it
is determined after reviewing information received from prospective vendors that the commodities
or contractual services are available only from a single source, a notice of the intended decision to
enter a single-source purchase contract shall be posted.
D. The Department Director shall provide written justification citing the reason for sole/single source
purchase per Section 14.B or C. A letter from the vendor may also be included with the justification
for request under Section B. The justification for sole source procurements must document that a
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good faith effort has been made in seeking other sources. Documentation shall be sent to Purchasing
for evaluation and approval prior to the department entering a purchase order. For Sole Source
purchases utilizing FTA funding, a Cost Analysis and Sole Source Justification Form is required.
SECTION 15
EMERGENCY PURCHASES
An emergency procurement is the purchase of goods, services, consultant services and/or construction
made non-competitively because, in the sole judgment of the County Administrator, a Department
Director, or the Purchasing Manager such acquisition is necessary to remedy or mitigate the harmful
effects of any actual or threatened occurrence which may interfere with the conduct of normal
operations or remedy or correct a condition which may pose an imminent or existing threat to the health,
safety or welfare of persons or property within the County. Unless time does not permit, the end user
must document that a good faith effort has been made in seeking other sources. All documentation is to
be sent to Purchasing where emergency procurement justifications are to be evaluated, approved and
maintained.
SECTION 16
CONE OF SILENCE
16.1 A cone of silence shall be established on all County competitive selection processes. The cone
of silence prohibits any communication regarding a RFB, RFP, RFQ or other competitive solicitation
between any bidder(or its agents or representatives) or other entity with the potential for a financial
interest in the award (or their respective agents or representatives) regarding such competitive
solicitation, AND any County Commissioner or County employee, selection committee member or other
persons authorized to act on behalf of the Board including the County"s Architect, Engineer or their
subconsultants, or to provide a recommendation to award a particular contract, other than Purchasing
Division staff. The cone of silence shall be in effect from the time of advertisement until contract award.
Each competitive solicitation shall provide notice of the cone of silence requirements.
16.2 The cone of silence shall not apply to:
1. Communications at any public proceeding or meeting, including pre-bid conferences,
selection committee presentations or pre-award meeetings.
2. Communications during contract negotiations between County employees and the intended
contract awardee as designated with the notice of recommendation of award as set forth in
Section 22.2.A.
3. Any communication following the filing of a protest between the protesting party and any
County employee, including, but not limited to, during the dispute resolution process
provided herein.
4. Purchases exempt from competitive selection, small purchases, sole source procurements,
and emergency procurements, as defined by this manual.
16.3 The cone of silence shall terminate when the Board or County employee authorized to act on
behalf of the Board, awards or approves the contract, rejects all bids or responses or otherwise takes
action to end the selection process.
SECTION 17
REQUEST FOR BID
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17.1 A Request for Bid (RFB) will be required for the procurement of items of over$25,000 where:
1. Precise specifications of the needed product are known and can be described in an invitation
to bid;
2. Price is the only variable; and
3. It is in the County's best interest to do so.
A. Advertisement. Purchasing shall provide public notice, at least once, in the form of an
advertisement in a newspaper of general circulation in the County a minimum of 21
calendar days prior to bid opening for construction projects exceeding $200,000 and a
minimum of 30 calendar days prior to bid opening for construction projects exceeding
$500,000 and at least 5 calendar days prior to any scheduled prebid conference. All other
procurements shall be advertised on the County website and notices may be transmitted
by third parties which specialize in this service. Bids for roadway construction shall be
advertised once a week for two (2) consecutive weeks in accordance with Section 336.44,
Fla. Stat.
B. Bids shall be received and opened at the location, date, and time established in the bid or
proposal advertisement. If the location, date or time of the bid opening changs, written
notice of the change must be given, as soon as practicable after the change is made via
formal addendum.
C. RFBs shall indicate that award will be to the lowest, responsive, responsible bidder per
Section 17.5.
D. A construction project may not be divided into more than one project for the purpose of
evading the advertising requirements.
17.2 Late Bids. All bids must be received (clocked-in) at the County Administrative Center, 1st
Floor Information Desk, 2401 SE Monterey Road, Stuart, Florida 34996 on or before the time and date
indicated in the bid document. The responsibility for submitting a bid to the County is solely that of the
bidder. The County will not be responsible for delays in mail delivery or delays caused by any other
occurrence including technical problems that may arise with e-bidding through a third party website.
Late bids may not be accepted.
17.3 Local Preference. Pursuant to Section 135, General Ordinances, Martin County Code, except
where otherwise provided by federal or state law or other funding source restrictions or as otherwise set
forth in the purchasing policy, the County shall give preference to local businesses in the following
manner.
A. Certification. Any person or entity claiming to be a local business, as defined herein, and
desiring to receive local preference, shall complete and submit, together with all required
attachments, the "Local Vendor Preference Certification Form" provided by the County and
contained within the bid package accompanying a public notice/advertisement. Any bidder
who fails to complete, and submit the "Local Vendor Preference Certification Form"together
with all required attachments with their bid shall not be granted local preference
consideration for the purposes of that specific contract award. The County Administrator or
designee shall have the sole discretion to determine if a person or entity meets the definition
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of a"local business."
B. In connection with any solicitation to which this Section applies, County will give preference
to local businesses in the following manner:
1. When a responsible and responsive, non-local business submits the lowest price bid
(herein, "Apparent Low Bidder"), and the bid submitted by one or more qualified and
responsive local businesses is equal to or within five percent (5%) of the price submitted
by the Apparent Low Bidder, then the local business with the apparent next-lowest
qualified and responsive bid offer (herein, the "Lowest Local Bidder") shall have the
opportunity to submit an offer that matches the price(s) offered by the Apparent Low
Bidder as follows:
(a) The Purchasing Division shall verify that the non-local Apparent Low Bidder and the
Lowest Local Bidder are, in fact, qualified and responsive bidders.
(b) The Purchasing Division shall determine if the non-local Apparent Low Bidder and
the Lowest Local Bidder meet the requirements of Sec. 287.087, Fla. Stat. if the bid is
subject to its provisions. If Sec. 287.087, Fla. Stat., is inapplicable to the subject bid,
the process shall proceed to section(c) below.
(1) If the Lowest Local Bidder meets the requirements of Sec. 287.087, Fla. Stat., or
the non-local Apparent Low Bidder does not meet the requirements of Sec.
287.087, Fla. Stat., the process shall proceed to section (c) below.
(2) If the Lowest Local Bidder does not meet the requirements of Sec. 287.087, Fla.
Stat., and the non-local Apparent Low Bidder does meet the requirements of Sec.
287.087, Fla. Stat., the Lowest Local Bidder will be disqualified and, if and only
if their bid is less than or within five percent (5%) of the Apparent Low Bidder,
the next successive Lowest Local Bidder will begin the process under (a) above.
(c) The Purchasing Division shall invite, in writing, by e-mail, fax, or certified mail, the
Lowest Local Bidder to submit a written matching offer to the Purchasing Division
(herein"Invitation");
(d) The Lowest Local Bidder may, but shall not be obligated to, submit a written
matching offer to the Purchasing Division within five (5) business days after receipt
of the Invitation;
(e) If the Lowest Local Bidder submits a written offer that matches the bid from the
Apparent Low Bidder, such written offer shall be accepted and the Lowest Local
Bidder shall be awarded the contract;
(f) if the Lowest Local Bidder submits a written offer that does not fully match the bid
from the Apparent Low Bidder, such written offer shall be rejected; and
(g) Thereupon, the next successive lowest qualified and responsive Local Bidder, if and
only if their bid is less than or within five percent (5%) of the Apparent Low Bidder
will begin the cycle under(a) above.
(h) This process shall be repeated until there are no remaining qualified and responsive
Local Bidders less than or within five percent (5%) of the Apparent Low Bidder.
2. If the Lowest Local Bidder and successive next lowest local bidders do not respond,
decline, or are unable to match the Apparent Low Bidder bid price(s), then award will be
made to the Apparent Low Bidder.
C. Waiver of the application of local preference. The application of Local Preference to a
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particular purchase or contract may be waived upon approval of the Board.
D. Comparison of qualifications. The preferences established herein in no way prohibit the right
of the County to compare quality of materials proposed for purchase and compare
qualifications, character, responsibility and fitness of all persons, firms or corporations
submitting bids. Further, the preferences established herein in no way prohibit the right of
the Board from giving any further preference permitted by law instead of the preferences
granted herein.
E. Reciprocity. In the event any other Florida county or municipality ("local government")
deemed appropriate by the County, extends preferences to local businesses as defined herein,
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 local
business tax receipt 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.
Such interlocal agreement shall require vendor compliance with all requirements of this
section.
F. Purview and administration. This policy shall apply to all departments under the direct
purview of the Board. The County Administrator designee shall be responsible for
developing, implementing and maintaining administrative procedures in support of this
policy.
G. Subsequent Review and Sunset Provision. On or about one year after the effective date of
this ordinance, the County Administrator or designee will provide the Board with the results
to date of this local preference policy as well as the status of regional reciprocity for County
businesses in Indian River County, St. Lucie County and Okeechobee County. Within
eighteen months after the first bid is awarded under this policy, the Board shall receive a
similar report from the County Administrator or designee and shall determine whether to
continue or modify this policy. Nothing in this section shall prevent the Board from taking
action sooner to revise or remove this local preference policy.
H. Limitations.
1. The provisions of this Section shall apply only to procurements which are above the
formal bid threshold as set forth in the County Purchasing Manual.
2. The provisions of this Section shall not apply where prohibited by federal or Florida law
or where prohibited under the conditions of any grant or other funding source.
3. The provisions of this Section shall not apply to any purchase exempted from the
provisions of the County Purchasing Manual.
4. The provisions of this Section shall not apply to contracts made under the Consultants
Competitive Negotiation Act (CCNA), Section 287.055, Florida Statutes.
5. The provisions of this Section shall not be applied to Requests for Proposals, Requests
for Qualifications or any procurement where the local nature of a business has been
addressed through the scoring criteria.
17.4 Bid Security. Bid Security shall be required for, construction bids over$200,000, and other bids
as determined by the Purchasing Manager, and must comply with the provisions of the established
standard contract. Appropriateness shall be determined by the written standards for sureties developed
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and approved by the Purchasing Manager.
17.5 Contract Award
A. The County Administrator is authorized to execute contracts for purchases of all budgeted
goods and services. The County Administrator may delegate authority to execute contracts
for budgeted purposes to one or more designee.
B. Bids shall be awarded to the qualified,responsive and responsible bidder who submits the
lowest bid price. When a bidder is unable to provide goods and services at the awarded
contract pricing and terms, the County may re-award to the next low, qualified, responsive
and responsible bidder.
C. For the purpose of award, the County will consider as the bid the correct summation of each
unit price multiplied by the estimated quantities or the correct total of all line items in the
case of lump sum bids. The County may award based on the basis of quantities included in
the base bid or quantities included in the base bid plus bid alternatives, if any, and/or number
of days to complete, at the County's sole discretion.
D. The bidder understands that an RFB does not constitute a Contract. County contracts are
awarded only when a fully executed written agreement has been returned to the Bidder by the
County. No one shall be entitled to rely on any other action as an award. The County will
not be liable for any costs incurred by the bidder prior to execution of the contract by the
parties. The bidder to whom the award is made shall, within fifteen (15) calendar days after
receipt of the Contract, execute the Contract on the form attached and return it to the County.
The executed Contract should be returned to the County accompanied by the required
performance and payment bonds as set forth herein. If the bidder fails to execute the
Contract or provide the insurance and bonds within fifteen (15) calendar days, there shall be
just cause for the annulment of the award and forfeiture of the Bid Guaranty to the County.
Award may then be made to the next lowest, responsible, and responsive bidder or the work
may be re-advertised at the County's sole discretion.
E. The County shall at all times, except when expressly waived in writing, reserve the right to
reject all bids and rebid; or to elect not to proceed. The County Administrator may approve
the rejection of bids through the completion of the APR.
F. If only one response is received, or if the low, responsive, responsible bidder has submitted a
price higher than the County's budgeted amount, the County Administrator may authorize
negotiations with the bidder to obtain a lower price.
G. All continuing contracts shall clearly set forth a defined term and such term may not exceed
five (5) years. Contract terms exceeding five (5) years require Board approval. All
continuing contracts shall clearly set forth a total maximum contract value that may not be
exceeded.
H. In the case of a tie, the bid shall be awarded in the following priority order:
a. Bidder qualified as a DBE, MBE, WBE or SBE (must provide written documentation);
b. Bidder with primary office located in Martin County.
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I. For FTA funded procurements, a vendor responsibility determination (Exhibit F) and
reference check form shall be completed prior to the recommendation for award in order to
consider whether the bidder meets the standards of qualification. Factors to be considered
shall include whether a bidder has:
1. The appropriate financial, material, equipment, facility, and personnel resources and
expertise, available or the ability to obtain them, necessary to indicate its capability to
meet all contractual requirements;
2. A satisfactory record of performance;
3. A satisfactory record of integrity
4. Ability to get bonding and insurance;
5. The legal ability to contract with the County; and
6. Supplied all necessary information in connection with the inquiry concerning
responsibility including, but not limited to, any licenses, permits, or organization papers
required.
J. For FTA funded procurements, all out-of-scope Contract Change Orders shall include:
1. An independent estimate and cost analysis prepared by the Architect/Engineer or Project
Manager,
2. The contractor's proposal,
3. Meeting minutes discussing Change Order and written evidence of negotiations,
4. Evidence of Board approval prior to initiation of work(if applicable),
5. Change Order form signed by all parties.
6. Additional requirements for FTA funded contracts outlined in Exhibit A.
17.5.1 Construction Contract Award
A. The following construction contract transactions require Board approval:
1. Single project or task order construction contracts valued at $1,000,000 or more.
"Valued" means at their full life value.
2. Construction contract change orders that meet the thresholds above and that
cumulatively increase the total contract award value by ten percent (10%) or more.
B. Contracts and change orders that are to be awarded by the Board will be presented to the
Board on the consent agenda of their regularly scheduled meetings.
C. Approval for all other construction contracts and change orders is delegated to the
County Administrator.
17.6 Rejection of Bids. All bids may be rejected only when:
A. All bids exceed the budgeted amount; or
B. There are no responsive bidders; or
C. There are no responsible bidders; or
D. The project is abandoned; or
E. The specifications, scope and/or terms and conditions are substantially revised for
rebidding.
F. There is an irregularity in the bid process and/or it is in the County best interest to do so.
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17.7 Payment and Performance Bonds
A. When a construction project is less than Two Hundred Thousand dollars ($200,000), the
County Administrator or designee may require a payment and performance bond.
B. When a construction project is Two Hundred Thousand dollars ($200,000) or more, a
payment and performance bond shall be required. The conditions of the payment and
performance bonds shall be set forth in the County's standard contract. Approval of such
bonds is subject to compliance with the written standards for sureties developed and
approved by the Purchasing Manager.
C. All bonds shall be written by a surety with no less than an "A" rating by a national rating
agency. All sureties must be on the U.S. Department of Treasury's Listing of Approved
Sureties (Department Circular 570) and bonds must be within the Treasury's underwriting
limitation.
D. All bonds must be delivered to the Martin County Clerk of Circuit Court and recorded in
official records before being delivered to the Purchasing Division.
SECTION 18
REQUEST FOR PROPOSAL (RFP)
18.1 A Request for Proposal (RFP) is appropriate when the exact product or solution to respond to a
need or problem is not known. The decision to determine that an RFP will be used will be made by
Department Director and the Purchasing Manager. RFP's shall provide a statement of need or problem
description for which proposed solutions are sought. Such RFP's may include specifications, statement
of work, award criteria and proposed contractual terms and conditions to which a proposal must
respond. RFP's shall encourage the proposal of alternative specifications, statement of work, and
proposed contractual terms and conditions if such alternatives are proposed as the best method of
meeting the need stated or solving the described problem.
Staff may receive input from the Board on the scope of services for RFPs related to strategic goals or
countywide objectives prior to advertisement of the RFP in order to provide direction to staff as to the
intent of the RFP.
A. Advertisement. RFP's shall be advertised on the County website and notices may be
transmitted by third parties which specialize in this service. If the location, date or time of
the bid opening changes, written notice of the change must be given, as soon as practicable
after the change is made via formal addendum.
B. Selection Committee. A Selection Committee of a minimum of three (3) people is required
for all RFPs. One member shall be outside the originating Department. Selection Committee
members shall not include supervisors of other Committee members.
C. Any meeting of a selection team where such committee's recommendation shall be published
at least two (2) calendar days prior to the meeting on the County's website.
D. RFPs shall indicate that award will be based on criteria outlined in the RFP per Section 18.3.
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E. Solicitations for initial work (conceptual phase, feasibility study, etc.) resulting in subsequent
work (i.e. design, development, master planning) shall include language advising firms,
"Performing initial work on this effort may preclude your firm from working on subsequent
work which goes beyond the initial scope of work". Exceptions to this requirement are
based upon the Department Director stating and executing on the APR for award selection
that i) all results from this initial work were shared in the solicitation with all bidders and ii)
higher scores were not given to any firm participating in "initial work" for having a better
understanding of the County's needs as a result of participating in this initial work.
F. Source selection sheets shall include text that states, `By signing (or electronically
approving) the consensus evaluation sheet, I certify that I have no financial or conflict of
interest pertaining to this evaluation. This extends to my family members and one level
removed."
G. When it is impractical initially to prepare a purchase description to support an award based
on price, the County may conduct multi-step sealed bidding, whereby an initial request for
proposal is issued requesting the submission of un-priced offers, or information relating to
the experience and capabilities of the prospective bidders, to be followed by request for bid
limited to those bidders whose offers or experience and capabilities have been determined to
be acceptable under the criteria set forth in the initial RFP.
18.2 Late Submittals. All proposals must be received (clocked-in) at the County Administrative
Center, 1St Floor Information Desk, 2401 SE Monterey Road, Stuart, Florida 34996 on or before the time
and date indicated in the RFP. The responsibility for submitting a proposal to the County is solely that of
the submitter. The County will not be responsible for delays in mail delivery or delays caused by any
other occurrence including technical problems that may arise with e-bidding through a third party
website. Late proposals, not based solely on price, received after the time and date stated in the RFP
advertisement may be accepted if such acceptance is in the best interest of the County.
18.3 Contract Award
A. A contract shall be awarded based on the requirements set forth in the RFP to the proposer
determined to be the most advantageous to the County. No criteria may be used for
evaluation that has not been set forth in the RFP. The score that will be assigned to each
criterion shall be published in the RFP.
B. The County shall at all times, except when expressly waived in writing, reserve the right to
reject all proposals and readvertise; or to elect not to proceed. The County Administrator
may approve the rejection of proposals through the completion of the APR.
C. In the event only one responsive proposal is received, the County reserves the right to award
to the sole proposer, negotiate with the sole proposer, re-advertise the request for proposal,
with or without making changes to the evaluation factors, or elect not to proceed.
D. All continuing contracts shall clearly set forth a defined term and such term may not exceed
five (5) years. Contract terms exceeding five (5) years require Board approval. All
continuing contracts shall clearly set forth a total maximum contract value that may not be
exceeded.
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E. The recommendation for award shall consider whether the proposal meets the standards of
qualification. Factors to be considered shall include whether the proposer has:
1. The appropriate financial, material, equipment, facility, and personnel resources and
expertise, available or the ability to obtain them, necessary to indicate its capability to
meet all contractual requirements;
2. A satisfactory record of performance;
3. A satisfactory record of integrity;
4. The legal ability to contract with the County; and
5. Supplied all necessary information in connection with the inquiry concerning
responsibility including, but not limited to, any licenses, permits, or organization papers
required.
SECTION 19
CONSULTANT'S COMPETITIVE NEGOTIATION ACT (CCNA)
19.1 The selection of a consultant under the Consultant's Competitive Negotiation Act (CCNA), is
primarily based on qualifications. Professional Services within the scope of the practice of architecture,
professional engineering, landscape architecture, registered surveying or mapping as defined by Florida
law will be acquired in accordance with Section 287.055, Florida Statutes,-the Consultant's Competitive
Negotiation Act (CCNA). Selection of consultants for FTA funded projects shall be acquired in
accordance with The Brooks Act.
Staff may receive input from the Board on the scope of services for RFQs related to strategic goals or
countywide objectives prior to advertisement of the RFQ in order to provide direction to staff as to the
intent of the RFQ.
A. Criteria Prior to Initiation. The following criteria will be established prior to initiation of a
request for qualifications (RFQ) which falls within the jurisdiction of the CCNA. The
requesting Department shall forward an APR to the Purchasing Division including::
1. Need (normally provided by the currently adopted Capital Improvement Plan(CIP);
2. Identification of the specific discipline required;
3. Name of the Departmental Project Manager;
4. A list of names recommended for the selection committee;
5. Scope of Services required for the project;
6. Grant information;
7. Budget information and accounts, and
8. Award criteria
B. The RFQ at a minimum shall include:
1. A request for specific and general information on how the Proposer will proceed with the
project including written documentation of expertise and ability to perform the requested
service;
2. The criteria that will be used to select the number one ranked firm including the score
that will be assigned to each criterion;
3. Specific instructions on how, when, and where the proposals shall be submitted including
the date the proposal will be opened;
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4. A requirement that the proposal be submitted as a sealed package;
5. A statement that the Proposer shall not include proposed compensation as part of the
proposal;
6. A statement that the Board reserves the right to reject any non-responsive proposals or to
reject all proposals if it is deemed by the Board to be in the best interest of the County.
C. Selection Committee.
1. Where the project construction estimate exceeds $500,000, consultant study exceeds
$50,000, or selection is for a Continuing Services Contract the selection team will include
at least five voting team members and the Purchasing Manager's Representative (non-
voting). Two members shall be outside the originating Department.
2. Where the Project construction estimate is less than $500,000 or consultant study is less
than $50,000, the selection team will include at least three voting team members and the
Purchasing Manager's Representative (non-voting). One member shall be outside the
originating Department.
3. Selection Committee members shall be approved by the County Administrator or
designee. Individuals with potential conflicts of interest shall not be included on
Selection Committees.
4. Selection Committee members shall not include supervisors of other Committee
members.
5. The Purchasing Manager is responsible for ensuring that selection committee members
are briefed on CCNA procedures contained in Section 287.055, Fla. Stat.
6. The Selection Committee will make selections based on the required evaluation criteria.
D. Public Announcement.
1. Public announcement of the need for professional services shall be made on the County's
website and/or third party website, for professional services for a project the basic
construction cost of which is estimated by the agency to exceed $325,000or for a
planning or study activity when the fee for professional services exceeds $35,000, except
in cases of valid public emergencies. The announcement shall include a general
description of the project and how interested consultants may apply for consideration.
2. Any meeting of a selection team or meeting to negotiate approval shall be announced by
notice published on the County's website at least two (2) calendar days prior to the
meeting and open to the public and shall comply with the requirements of Section
286.011 Fla. Stat..
E. Qualification.
1. Selection Committee members shall independently review submittals and determine
whether a firm or individual is fully qualified to render the required service based upon
capabilities, adequacy of personnel,past record, and experience of the firm or individual.
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2. The Selection Committee will decide by consensus vote which firms will be considered
for competitive selection(at least three).
F. Competitive Selection.
1. The Selection Committee shall conduct discussions with, and may require presentations
by the chosen firms regarding their qualifications, approach to the project and ability to
furnish the required services.
2. The following criteria shall be used to rank the firms:
a. Ability of professional personnel;
b. Whether a firm is a certified minority business;
c. Past performance;
d. Willingness to meet time and budget requirements;
e. Location;
f. Recent, current and projected workloads of the firms;
g. Volume of work previously awarded to each firm by the County (with the object
of effecting an equitable distribution of contracts among qualified firms).
h. Other criteria decided upon by the Selection Committee and included in the
Public Announcement.
3. The Selection Committee shall decide how many points to assign to each criterion and
include such scoring information in the Public Announcement.
4. The Selection Committee shall use the criterion and score to rank the firms.
G. Competitive Negotiation.
1. The Purchasing Manager shall approve initiating negotiations with the top ranked firm
and any subsequent formal termination of negotiations and initiation of negotiations with
the next firm.
2. The Purchasing Manager or designee shall attempt to negotiate a contract with the top
ranked firm for professional services at compensation that is fair, competitive and
reasonable.
3. If the County is unable to negotiate a satisfactory contract with the top ranked firm,
negotiations with that firm shall be terminated and the negotiations with the next highest
ranked firm will proceed. If these negotiations are not successful, negotiations shall be
terminated with the second firm and attempted with the third high ranked firm. If the
County's negotiator is not successful in negotiating a satisfactory contract with any of the
selected firms, the County's negotiator may select additional firms in the order of their
qualifications and continue negotiations until an agreement is reached or may recommend
that the County reject all proposals and may thereafter re-advertise for new proposals.
19.2 Late Submittals. All submittals must be received (clocked-in) at the County Administrative
Center, 1st Floor Information Desk, 2401 SE Monterey Road, Stuart, Florida 34996 on or before the time
and date indicated in the RFQ. The responsibility for submitting a proposal to the County is solely that
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of the submitter. The County will not be responsible for delays in mail delivery or delays caused by any
other occurrence including technical problems that may arise with e-bidding through a third party
website. Late submittals, not based on price, received after the time and date stated in the RFQ may be
accepted if such acceptance is in the best interest of the County.
19.3 Contract Award
A. When an acceptable contract has been negotiated, a recommendation for award of a conract
shall be sent to Purchasing via an APR. Upon approval, Purchasing will forward a Notice
of Award to the successful firm notifying them of the award and requesting all insurance,
bonding and contract requirements within ten(10) days.
B. The following CCNA transactions require Board approval:
1. Single project or task order CCNA contracts valued at $200,000 or more. "Valued"
means at their full life value.
2. CCNA contracts that meet the threshold above and that cumulatively increase the total
contract award value by ten percent (10%) or more.
C. Approval for all other CCNA contract procurements is delegated to the County
Administrator.
D. Contracts and change orders that are to be awarded by the Board will be presented to the
Board on the consent agenda of their regularly scheduled meetings.
E. Change orders to CCNA contracts that cumulatively increase the total contract award value
by six percent (6%) or more shall be approved by the County Administrator or designee.
F. Change orders to CCNA contracts that cumulatively increase the total contract award value
by less than six (6) percent (6%) or more shall be approved by Department Directors or their
designee.
19.4 Continuing Contract. A continuing contract for professional services may be entered into in
accordance with Section 287.055, Florida Statute (CCNA) between the County and a firm to provide
continuing professional services in response to Task Orders. Continuing contracts shall have a
termination date and a total maximum value that may not be exceeded. Continuing contracts may only
be utilized for projects in which the estimated construction cost does not exceed $2 million, for study
activity if the fee for professional services for each individual study under the contract does not exceed
$200,000, or for work that meets the criteria of item D.5 below.
A. Selection of continuing services firms shall be the same as above except that the County may
award more than one continuing contract for a particular service and rates will be negotiated for
each individual task order. Firms providing professional services under continuing contracts
shall not be required to bid against one another.
B. The #1 ranked firm will be awarded all task orders unless the firm is unable to perform the
service or an acceptable price cannot be negotiated for the service. In this case, negotiations
shall be formally terminated and negotiations for the task order will continue with the next
highest ranked firm.
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C. All CCNA contracts shall clearly set forth a defined term and such term may not exceed five(5)
years, unless approved by the County Administrator. Contract terms exceeding five (5) years
require Board approval. All continuing contracts shall clearly set forth a total maximum contract
value that may not be exceeded.
D. Task Orders.
1. The user Department shall obtain a proposal from the #1 ranked firm including costs based
upon labor classifications, fully burdened rates, hours, material, other direct costs and
indirect rates.
2. The Project Manager shall compare rates against those originally proposed in their contract.
Cost breakdowns over$35,000 will be transmitted to the Purchasing Division for review and
approval.
3. A task order shall be prepared with the scope of services, cost and schedule attached and sent
to the firm for signature.
4. The task order is then signed by the Department Director and forwarded by APR to Budget,
Purchasing and then the County Administrator or designee, if required.
5. The County Administrator may award task orders exceeding $200,000 provided; i) the
Board approved the original contract award, ii) the original solicitation for this contract
clearly defined the scope of work and provided a representative list of potential task orders,
and iii) the task order clearly matches this scope of work.
6. Upon receipt of all approvals, the Department shall prepare a Purchase Order to the
consultant and Notice to Proceed, if necessary.
19.5 Design-Build. Use of design build or construction management project delivery systems
requires Board approval and shall comply with Florida Statute 287.055.
SECTION 20
CONTRACT FORM
The County Attorney shall determine the form of contract documents. Standard legal documents shall
be developed and maintained by the County Attorney. The approved standard legal documents may be
used without additional legal review. A Department shall not modify the approved standard legal
documents without the approval of the County Attorney's Office.
SECTION 21
SPECIFICATIONS
21.1 Maximum Practicable Competition. Specifications shall be drafted in a manner to assure
overall economy (without sacrificing quality) for the purposes intended and shall promote
maximum free and open competition in satisfying the County's needs, and shall not be unduly
restrictive. Specifications shall not include proprietary, exclusionary, or discriminatory
requirements. The policy enunciated in this Section applies to all specifications, including, but
not limited to, those prepared by architects, engineers and all other contracted consultants.
21.2 Brand Name or Equal Specifications The reference to a brand name is intended to be
descriptive but not restrictive and only to indicate to the prospective bidder the expected level of
quality. Bids on other than items specified by the County will be considered, provided each
bidder clearly states in his bid exactly what he proposes to furnish and forwards with this bid a
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cut illustration or other descriptive material which will clearly indicate the quality and character
of the article covered by his/her bid. Failure to provide sufficient literature to allow an informed
decision shall be grounds for disqualification.
1. No adequate design or performance specification or qualified products list is available;
2. Time does not permit the preparation of another form of purchase description, not including a
brand name specification;
3. The nature of the product or the nature of the County's requirements makes use of a brand
name or equal specification suitable for the procurement; and
4. Use of a brand name or equal specification is in the County's best interest.
5. Brand name or equal specifications shall seek to designate at least three as "or equal"
references and shall further state that substantially equivalent products to those designated
will be considered for award.
6. When a brand name or equal specification is used in a solicitation, the solicitation shall
contain explanatory language that the use of the brand name is for the purpose of describing
the standard of quality, performance, and characteristics desired and are not intended to limit
or restrict competition.
7. The Purchasing Manager shall seek to identify sources from which the designated brand
name item/service can be obtained and shall solicit such sources to achieve whatever degree
of price competition is practicable.
SECTION 22
BID PROTEST PROCEDURE
22.1 Any protest concerning bid or request for proposal specifications or requirements must be made
within seventy-two (72) hours from the time the aggrieved person knew or should have known of
the facts giving rise to the protest, in any case, at least twenty-four (24) hours prior to the bid
opening. Failure to timely protest bid specifications or requirements constitutes a waiver of the
ability to protest specifications or requirements.
22.2 Any unsuccessful bidder (the "Appellant") who is allegedly aggrieved in connection with the bid
solicitation or the proposed award of a contract, task order or work assignment by the County
may file a written protest with the County provided the Appellant complies, as a condition
precedent to consideration of such protest, with the following procedures:
A. The written protest must be submitted in writing to the Purchasing Manager, within seven (7)
calendar days after the Purchasing Division posts the notice of recommendation of award or
intent to award the contract on the County's website and/or third party bidding website.
B. If the Board or the County Administrator or designee chooses not to accept the
recommendation of award and awards the contract to an alternate, a protest may be filed in
accordance with this procedure by the entity originally recommended for award within seven
(7) calendar days after the Purchasing Division posts the notice of award on the County's
website and/or third party bidding website..
C. The written protest shall contain, at a minimum, the following information:
1. Bid Project identification and title,
2. The name and address of the Appellant and the title or position of the person submitting
the bid protest,
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3. A statement describing in detail all of the issues being protested and the reasons the
award of the contract should not be made as proposed by the County,
4. A statement describing in detail how the issues being protested adversely affect the
Appellant's bid submitted to the County,
5. A statement describing the relief sought by the Appellant, and
6. Such other information as the Appellant deems to be material.
D. The Appellant shall provide such additional information requested by the County, which it
deems pertinent to the consideration of the protest. The written protest shall identify all of
the issues and arguments which support the Appellant's claim that the award of the contract
should not be made as proposed by the County, and any and all subsequent appeals of the
decision rendered upon the protest shall be limited solely to the issues and arguments set
forth therein, and shall not include any new or additional issues or arguments.
E. As a condition precedent to any consideration of the written protest, the Appellant must post
with the County a security in the form of a cashier's check, certified check, or money order
(the "Protest Security") made payable to the Martin County Board of County Commissioners
("Board"). The amount of the Protest Security shall be 5% of the Appellant's bid up to a
maximum of $25,000. For RFP for which no price is required or where the bid was for
percentage discount or markup, the Protest Security shall be $5,000. The Purchasing
Manager will deposit and hold the Protest Security until a final determination is made on the
protest.
F. With receipt of the written protest and the Protest Security, the Purchasing Manager will
review the protest and, if the protest is not resolved by mutual agreement, render a decision.
If the Appellant does not accept the decision of the County's Purchasing Manager, an appeal
may be made to the County Administrator provided such appeal is requested in writing
within 3 business days of receipt by the Appellant of the decision by the Purchasing
Manager.
G. The County Administrator will review the protest and issue a final decision. If the County
Administrator's decision is in favor of the Appellant on the written protest (which includes
the decision to reject all of the bids), the full amount of the Protest Security will be returned
to the Appellant. If the decision is not in favor the Appellant on the written protest, the
County will return the Protest Security to the Appellant within thirty (30) days of the
decision after deducting the expenses incurred by the County in processing the appeal. No
award will be made of the contract while a protest or appeal in pending before the County,
unless the County Administrator deems the procurement to be an emergency.
H. The County will not consider any appeal unless it complies with this procedure. Neither the
County, nor its employees will be liable for any costs, expenses or damages incurred by the
Appellant such as, but not limited to, attorney fees, loss of income, bid proposal preparation
costs or bid protest costs.
22.3 In accordance with Federal Transit Administration (FTA) Circular 42201.F, Section VII, the FTA
shall be notified in writing within seventy-two (72) hours of receipt of a protest in instances when
all or part of the funding for the contract is by the FTA. The FTA shall be copied on all
subsequent responses to the protest and appeals filed in accordance with this Section.
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SECTION 23
MINORITY BUSINESS PARTICIPATION
23.1 All contractors are encouraged to assist Florida's small and minority businesses in doing
business with the County. Each contractor in assisting small and minority businesses will help to
expand and develop the small and minority business sector of County.
23.2 County Selection Procedures
A. The County shall make a good faith effort to provide interested minority business enterprises
or minority persons with adequate information about the plans, specifications and
requirements of contracts or the availability of jobs.
B. The County shall make a good faith effort to effectively use services and resources of
available minority community organizations, minority contractors' groups, local, state, and
federal minority business assistance officers, and other organizations that provide assistance
in the recruitment and placement of minority business enterprises or minority persons; and
C. The County shall make a good faith effort to provide written notice to a reasonable number
of minority business enterprises that their interest in contracting with the County is being
solicited in sufficient time to allow the minority business enterprises to participate
effectively.
23.3 The Minority Business Enterprise (MBE) Directory for the County shall be based upon the
vendors list of certified minority business enterprises prepared and maintained by the State of
Florida Department of Management Services pursuant to Section 287.0343, Florida Statutes and
the State of Florida Department of Transportation Disadvantaged Business Enterprise (DBE)
Program pursuant to 49 CFR Parts 23 and 26. Any business which the Small Business
Administration has identified as an 8(a) firm shall be eligible for listing in the Directory. The
purpose of this Directory is to enable the County's prime contractors to identify and utilize
minority business enterprises. If the County accepts State and Federal funds which require data
collection pertaining to MBE and DBE programs, the County shall cooperate with Federal and
State authorities to obtain this information.
SECTION 24
AUTHORIZATION TO DEBAR VENDOR
The following is the procedure for the debarment of vendors. Debarment means that a vendor is
prohibited from submitting bids or proposals to perform or otherwise contract with County.
24.1 Causes for Debarment.
A. Entry of a plea of guilty, no contest or nolo contendre to or 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 performance of such contract.
B. Entry of a plea of guilty, no contest or nolo contendre or conviction under state or federal
statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, or
receiving stolen property, or any other offense indicating lack of business integrity of
business honesty which currently, seriously, and directly affects responsibility as a County
contractor.
C. Entry of a plea of guilty, no contest or nolo contendre or conviction under state or federal
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anti-trust statutes rising out of submission of bids or proposals.
D. Violation of provisions of contracts as follow:
1. Failure without good cause to perform in accordance with specifications or within the
time limits provided in the contract;
2. A record of failure to perform or of unsatisfactory performance in accordance with the
terms of one or more contract within the previous three (3) years, provided that failure to
perform or unsatisfactory performance caused by acts beyond the control of the
contractor shall not be considered to be a basis for Debarment;
3. Refusal to enter into a contract with the County by failing to provide bonds, insurance, or
other required certificates within the time periods as specified in bid/RFP response;
4. Refusal to accept a purchase order, agreement or contract, or to perform thereon provided
such order was issued timely and in conformance with the offer received;
5. Presence of principals or corporate officers in the business or concern who were
principals within another business at the time when the other business was suspended
within the last three (3) years under the provisions of this section;
6. Violation of the ethical standards set forth in state law;
7. Providing anything of value, including but not limited to, a gift, loan, reward, promise of
future employment, favor or service to any employee to influence the award of contract
or purchase of items from a contract; or
8. Any other cause the Purchasing Manager determines to be so serious and compelling as
to affect the credibility as a County vendor, including debarment by another government
entity for any cause listed in this section.
24.2 Contractor/Consultant Evaluation Form. Upon completion of any services, the Department
shall document exceptional or substandard contractor performance (available in MSWord
Templates).
24.3 Recommended Decision. The Purchasing Manager shall issue a notice letter which advises a
vendor that recommendation will be made to the County Administrator to debar. The notice
shall state the reasons for the action taken and inform the vendor of its rights to an appeal to the
County Administrator.
24.4 Appeals to County Administrator.
A. Any person dissatisfied or aggrieved with the notification of the Purchasing Manager's
determination regarding a debarment must, within ten (10) calendar days of such notification,
appeal the determination in writing in accordance with the hearing procedures contained in
the section.
B. Upon receipt of the request for hearing, the County Administrator shall give all parties prior
notice of a hearing date and time at least five (5) days before the hearing date. The vendor
shall be given the opportunity at such hearing to demonstrate why the recommendation of the
Purchasing Manager should be denied.
C. The County Administrator shall render a written decision within thirty (30) days of the
hearing. Any decision to debar a contractor shall be in effect for a period not to exceed three
(3) years.
24.5 Appeals to the Board of County Commissioners. An aggrieved party may appeal the decision
of the County Administrator to the Board. The appeal shall be filed within ten (10) days of the
notification of the written decision by the County Administrator. The Board's decision to debar
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a person or business shall be final and conclusive unless the debarred person files a timely appeal
of the Board's decision pursuant to the Florida Rules of Appellate Procedure.
24.6 Reinstatement. A person or corporation may be reinstated to do business with the County under
the following conditions:
1. Discovery of new and material evidence not previously available;
2. Dismissal of indictment or reversal of conviction; or
3. Bonafide change in ownership or management sufficient to justify a finding of present
responsibility.
The request for reinstatement shall be forwarded in writing to the Purchasing Director. The
County Administrator shall determine whether to reinstate based on written submission of
evidence to the above referenced office, without further hearing. Upon consideration of the
written submission and any recommendation from the Purchasing Manager, the County
Administrator shall render the decision in writing within thirty (30) days from the receipt of a
recommendation from the Purchasing Manager. The decision of the County Administrator may
be appealed to the Board as provided in this Section.
SECTION 25
RECEIVING OF GOODS
25.1 Receiving and Inspection.
A. It shall be the responsibility of each department to have an individual, immediately upon
receipt of a product or service, to inspect that product or service to ensure that it meets the
specifications as set forth in the purchase order. The person should inspect for proper
quantities, proper quality, no damage and prompt delivery. The receiving person should have
available a copy of the purchase order for verification purposes. Any deviations should be
immediately documented and sent to the supplier and to Purchasing.
B. Signing a delivery slip does not necessarily constitute acceptance of an order. Any problems
with an order should be documented and reported to Purchasing as soon as possible. The
requesting department will contact the vendor to resolve any and all issues. Time is of the
essence when dealing with problems on an order. Failure to timely advise the vendor and/or
freight carrier may limit remedies. Also if an item is delivered damaged, the receiving party
has the responsibility to protect it and all packing materials from any further damage, and to
make it available to the vendor and/or freight carrier for inspection.
C. Materials, equipment or supplies shall be inspected upon receipt and, if possible, in the
presence of the vendor or shipper and shall include the following:
1. Verification of the correct quantities and units of issue;
2. Verification of purchase order number;
3. Verification of pricing;
4. Inspection for damage or defects;
5. Verification that all items meet the specifications or description defined in the purchase
order;
6. Verification of correct vendor;
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7. All packages shall be checked against the Bill of Lading;
8. Make note of any damage on the Bill of Lading and on the receiving copy of purchase
order; and
9. The signature shall be that of the person actually receiving and inspecting the materials.
If unable to perform the above, the notation "Subject to Inspection" shall be written on Bill
of Lading.
D. When goods, materials, or supplies either fail the inspection criteria or are damaged upon
receipt, the receiving or requesting department shall immediately refuse the order. If the
vendor or shipper is not on site, the receiving or requesting department shall contact the
vendor to arrange shipment return and replacement. When a vendor has two deliveries
refused, the department will coordinate corrective action with Purchasing.
25.2 Testing. Any department or the Purchasing Department may request any testing necessary of
samples submitted with bids and/or samples of deliveries to determine their quality and
conformance with specifications. This testing may be conducted by the laboratory facilities of
any agency of the County or of any outside laboratory. Sometimes where testing regularly is
required (such as asphalt) the purchasing manager may request the services of an outside testing
firm be placed under contract to conduct the testing.
SECTION 26
FIXED ASSETS INVENTORY
In accordance with Chapter 274, Fla. Stat., tangible personal property owned by the County including
property under the custodianship of the Departments of the Board of County Commissioners, Clerk of
Circuit Court, Property Appraiser, Supervisor of Elections and Tax Collector and properties leased by
the County as outlined in individual leases, with a value of $1,000 or greater shall be deemed a fixed
asset. The Department and/or Constitutional Officer shall be responsible for notifying the Purchasing
Division when purchasing a fixed asset so that the item may be affixed with a County inventory tag.
26.1 Annual Inventory. Each Constitutional Officer and/or Department Director shall appoint a
department custodian that will work with Purchasing Division staff to account for all fixed assets on an
annual basis.
26.2 Disposal. When a fixed asset is no longer needed or not working, a Fixed Asset Disposition form
must be completed, signed and sent to Purchasing. Technology related items such as computers, printers
and peripherals must be authorized for disposal by the Information Technology Services Department
Director.
Fixed assets shall not be discarded by the department custodian.
Purchasing shall dispose of the surplus property in the following order of precedence below:
a. If the property has no value or the value does not exceed handling, storage and selling costs,
the item may be sold, donated, recycled or discarded, as appropriate.
b. If value of the property exceeds handling, storage and selling costs, advertise the availability
of the property first to the County, then for sale, competitively through the most appropriate
medium.
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c. If the property is offered for sale and no acceptable bids are received, the County may donate
the item to a private, non-profit agency as defined in Section 273.01, Fla. Stat.
d. The Department Director may choose to use the item as a "trade-in" when purchasing new
equipment if doing so is in the best interest of the County.
e. Martin County employees are prohibited from directly or indirectly purchasing County
property through the surplus auction process.
26.3 Disposal of Property Purchased with Grant Funds. Proceeds from property purchased with
grant funds shall be deposited in accordance with the requirements of the original grant agreement.
Proceeds from disposal of property purchased with FTA funds in the amount of$5,000 or greater shall
be returned to the FTA.
26.4 Transfer. Fixed assets may be transferred from department to department through completion
of a Fixed Asset Disposition form with approval of both the transferring and receiving Department
Directors.
26.5 County health department property. In accordance with Section 274.11, Fla. Stat. property
purchased by county health departments established pursuant to the provisions of chapter 154, whether
purchased with federal, state or county funds, or any combination thereof, shall be vested in the Board of
County Commissioners of the County where said county health department is located and shall be
accounted for in accordance with the provisions of this chapter.
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TABLE 1
SUMMARY OF PURCHASING REQUIREMENTS*
Type of Purchase Process Criteria Approval Authority
2-step: i) Technically rank Required for professional
Professional Architectural, at least 3 firms,ii)Negotiate architectural,engineering, Up to$50,000 Purchasing Manager,
Engineering,Landscape with top ranked firm. If landscape architectural,survey >$50,000 County Administrator and
Architecture,Survey and unsuccessful,next highest and mapping. Florida Statute >$200,000 BCC.
Mapping Services ranked firm. 287.055
Award to lowest,responsive, Advertise any contract over Up to$50,000 Purchasing Manager,
Construction Contract qualified bidder. $200,000. >$50,000 County Administrator>
$1 million BCC.
Request For Proposals, Up to$50,000 Purchasing Manager,
Annual Requirement Expected use on a continuing >$50,000 County Administrator.
Continuing Contract Agreements,Continuing basis. CCNA>$200,000 or construction>
Services CCNA. . $1 million BCC.
Meets the thresholds above AND
Up to the lower of value:$50K or
To CCNA or Construction 6%contract value,Purchasing
Change Order contract cumulatively increases the Manager>County Administrator>
original contract value 10%contract value,BCC
Petty Cash Under$25,or actual Cash purchase. Minor supplies,tools or repair Depa,talent Head
cost of tag/license parts,fees&tags for automobiles
Product or Service can Up to$50,000 Purchasing Manager,
Public notice,award to be specified. >$50,000 County Administrator.
Competitive Sealed Bid lowest qualified,responsive Purchase is expected to exceed CCNA>$200,000 or construction>
bidder. $25,000.
$1 million BCC.
Public notice,award to Exact product or solution is not Up to$50,000 Purchasing Manager,
proposer most advantageous known. >$50,000 County Administrator.
Request For Proposal to the County. Purchase is expected to exceed CCNA>$200,000 or construction>
$25,000. $1 million BCC.
Competitive contracts Supplies,materials or services Department Head or Purchasing
Small Purchase$3,000 or less
wherever possible. No required. Manager
quotes required.
Three telephone quotes Purchase is expected to exceed Department Head or
Small Purchase$3,001 Through required. Written quotes $3,000. Purchasing Manager
$10,000 wherever possible.
Three written quotes Purchasing Manager.Change order
Small Purchase$10,001 Through required. May be formally Expected to exceed$10,000,but that increases cost to over$50,000
$25,000 bid. less than$25,000. County Administrator.
Use of single source with no No other known source-requires
Purchasing Manager
Sole Source competition. documentation.
Threat to normal operations or to County Administrator,Department
Emergency Procurements Limited or no competition. the health,safety or welfare of Director,Purchasing Manager. Must
persons or property. still be reported,if required above.
*This table is a guideline only and refers to specific sections of the Purchasing Manual.
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St. Johns County
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July 2013
St. Johns County Purchasing Division
500 San Sebastian View
St. Augustine, FL 32084
Phone (904) 209-0150
Fax (904) 209-0151
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Table of Contents
Purchasing Section
Title Section Date Date
Issued Revised
Purchasing Policies and Procedures 300 Jan 1993 July 2013
Purpose 300.1
Scope 300.2
Policy 300.3
Duties and Responsibilities 301 Jun 1999 July 2013
Purpose 301.1
Scope 301.2
Organization 301.3
Responsibilities 301.4
Functions 301.5
Administrative Policies 301.6
Ethics 301.7
Purchasing Procedures for Ordering 302 Jun 1999 July 2013
Purpose 302.1
Scope 302.2
Bid Award Limits 302.3
Quotations 302.4
Bid Tabulations Postings 302.5
Sealed Bids 302.6
Bid Advertisements 302.7
Field Purchase Orders 302.8
Requisitioning and Purchasing Procedures 302.9
Fund Authorization 302.10
Receipt of Goods and Services 302.11
Blanket Purchase Orders 302.12
Purchase Order Follow Up 302.13
Canceling of Purchase Orders 302.14
Public Entity Crimes 302.15
Buy America Policy 302.16
Disadvantaged Business Enterprise Program 302.17
Anti-Lobbying Certification 302.18
Cooperative Purchasing 302.19
Debarment and Suspension 302.20
Owner Direct Purchases 302.21
Contracts 303 Jun 1999 July 2013
Purpose 303.1
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Scope 303.2
Contract Requirements 303.3
Usual Types of Contracts and Orders 303.4
Commodity Contracts 303.5
Construction, Outside Services or Maintenance
Contracts 303.6
Specifications,Bids,and Awards 304 Jun 1999 July 2013
Purpose 304.1
Scope 304.2
Purpose of Specifications 304.3
Responsibilities of Specifications 304.4
Specifications Development 304.5
Bid Development 304.6
Disqualification(Debarment)or Suspension
of Bidders 304.7
Processing of Formal Sealed Bids 304.8
Evaluation of Deviations and Methods of Award 304.9
Bid Protest Procedure 304.10
Protest Procedure for Requests for Proposals or
Requests for Quotations 304.11
Required Statement on Requests for Proposals
and Requests for Qualifications 304.12
Bonds and Deposits 305 Jun 1999 July 2013
Purpose 305.1
Scope 305.2
Policy 305.3
Types of Bonds and Deposits 305.4
Processing Bonds and Deposits 305.5
Negotiated Purchases 306 Jun 1999 July 2013
Purpose 306.1
Scope 306.2
Competitive Bidding Exceptions 306.3
Competitive Sealed Proposals (RFP's/RFQ's) 306.4
Standardization 306.5
Contracting for Professional Services 307 Jun 1999 July 2013
Purpose 307.1
Scope 307.2
Policy 307.3
Public Announcement 307.4
Scope of Services 307.5
Letters of Interest 307.6
Evaluation Criteria 307.7
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Recommendation for Selection 307.8
Negotiations 307.9
Continuing Contracts and Task Orders 307.10
Surplus and Obsolete Property 308 Jun 1999 July 2013
Purpose 308.1
Scope 308.2
Policy 308.3
Procedure 308.4
Procedure for Transfer of Property 308.5
Procedure of Sale Property 308.6
Items Approved for Cannibalization 308.7
Sale of Scrap Materials 308.8
Donate, Scrap,Destroy or Abandon 308.9
Vehicle and Heavy Equipment/Rolling Stock
Surplus Property 308.10
Procedure for Sale or Lease of Real Property 308.11
Purchasing Card System 309 Jun 1999 July 2013
Purpose 309.1
Scope 309.2
Issuance 309.3
Transaction Dollar Limit 309.4
Receipt of Goods 309.5
Statements 309.6
Interest and Penalty 309.7
Disputed Charges and Assistance 309.8
Returns 309.9
Lost or Stolen Cards 309.10
Inappropriate Purchases 309.11
Appropriate Purchases 309.12
Cardholder Performance 309.13
Cancellation of Cards 309.14
Record Keeping 309.15
Definitions 310 Jun 1999 July 2013
Exhibits
EXHIBIT A Credit Statement Department Procedures
EXHIBIT B Basic Instruction to Bidders
EXHIBIT C Evaluation Sheet for Ranking of Design Professionals
EXHIBIT D Surplus Property Form
EXHIBIT E Request for Approval Form
EXHIBIT F Bid Tabulation Form
EXHIBIT G Contract Agreement Form
EXHIBIT H Equipment Rental Rate Form
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EXHIBIT I Time and Material Rate Form
EXHIBIT J Notice to Proceed
EXHIBIT K Contract Task Order
EXHIBIT L Affidavit of Identity
EXHIBIT M Administrative Rules for Consultant Task Orders
EXHIBIT N Evaluation Transmittal Letter
EXHIBIT 0 Standard Contract for Consulting/Professional Services
EXHIBIT P Federal Transit Administration Requirements
EXHIBIT Q Certification Regarding Lobbying
EXHIBIT R Piggyback Worksheet
EXHIBIT S Debarment and Suspension Form
EXHIBIT T Sole Source Required Purchase Data
EXHIBIT FTA Applicability of Third-Party Contract Clauses
EXHIB IT V FTA Examples of Required Clauses
EXHIBIT W FTA Independent Cost Analysis Form
Quick Reference
Bid Protest 304.10
Change Orders 302.6.6.1
Emergency Purchases 302.6.5.1
Piggyback 302.6.5.4
RFP/RFQ's 306.4
Sole Source 302.6.5.3
Task Orders 307.10
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St. Johns County
Administrative Code
Section:Purchasing Date Issued: January 1993
Revised: July 2013
Title: Purchasing Policies and Procedures Reference:
300.1 Purpose
To set forth and establish the County's policies and procedures for the procurement of all
commodities, goods and services required for the operation of all departments under the Board of
County Commissioners of St. Johns County,Florida.
300.2 Scope
All officials, departments and employees under the control and responsibility of the Board of County
Commissioners of St. Johns County.
300.3 Policy
Those policies and procedures as stated in the St. Johns County Purchasing Manual, which has been
distributed to each County Department.
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St. Johns County
Administrative Code
Section: Purchasing Date Issued: June 1999
Revised: July 2013
Title: Duties and Responsibilities Reference:
301.1 Purpose
To establish the responsibilities and duties of the Purchasing Department regarding policy and
procedure.
301.2 Scope
All officials, departments and employees under the control and responsibility of the County
Administrator.
301.3 Organization
The Purchasing Department, under the Purchasing Director or Manager, reports directly to the
County Administrator or his designee. The Purchasing Department is comprised of two
sections, Commodities and Contracts.
301.4 Responsibilities
301.4.1 The Purchasing Department, under the Purchasing Director or Manager, is responsible for
developing and administering purchasing policies, initiating reports necessary to permit analysis of
purchasing performance, processing bids, consolidating purchases of like or common items,
analyzing prices paid for equipment, supplies, and services, and generally defining how to obtain
savings and to coordinate purchasing and contracting procedures. The Purchasing Director or
Manager is charged with the responsibility of insuring that all purchases comply with County
Purchasing Policy.
The Purchasing Director or Manager has commitment and signature authority for purchase orders,
contracts for commodities, outside services, construction, and professional services including change
orders, task orders and amendments. The Purchasing Director or Manager has the authority to make
awards up to the existing award limit without additional commitment approvals and all other awards
with approval of the County Manager or Board of County Commissioners.
301.5 Functions
301.5.1 Develop purchasing objectives, policies, programs and procedures for the acquisition of
equipment, commodities, supplies, outside services, construction, professional services, and disposal
of surplus material.
301.5.2 Coordinate purchasing procedures with other departments and County officers.
301.5.3 Act as the County Administrator's representative on matters pertaining to purchasing.
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301.5.4 Initiate reports necessary for analysis of the Purchasing Department's performance.
301.5.5 Assist in preparing specifications for equipment, supplies and services.
301.5.6 Prepare bid documents for sealed bid requirements and submit advertisements to the Clerk's
Office as required by 302.7 herein.
301.5.7 Prepare proposal documents for Request for Proposals (RFP) or Request for Qualifications
(RFQ) and submit advertisements to the Clerk's Office as required by 302.7, 306.2.5.1.2 and
307.2.1.1.
301.5.8 Attend bid openings of all sealed bids and tabulate the results of the bid proposals received.
301.5.9 Transmit bid proposals to the applicable department head or staff director for evaluation,
review and recommendation for bid award to the Board.
301.5.10 Transmit RFP/RFQ proposals to the applicable evaluation team members with evaluation
forms and instruction on the evaluative process. Schedule, preside over, and maintain record of the
public evaluation review meeting.
301.5.11 At least fifteen calendar (15) days prior to the scheduled Board meeting for
consideration of a particular bid/RFP/RFQ, provide the County Administrator with written
recommendations for bid/RFP/RFQ awards that require Board approval. Attach copies of each
department head or staff recommendations as back-up. Coordinate any rebuttal of recommendations
made, consulting with the County Administrator prior to finalizing award recommendations.
301.5.12 Consolidate purchases of like or common items to obtain maximum economical benefits.
301.5.13 Arrange for the disposal of surplus supplies and equipment. (See Section 308 on Surplus
and Obsolete Property.)
301.5.14 Work with other departments to promote goodwill between the County and its suppliers.
301.5.15 Prepare and submit annual operating budgets for the Purchasing Department.
301.5.16 Coordinate with the Finance Department's Fixed Assets the acquisition of all vehicles and
rolling stock for the assignment of SJCV numbers and obtaining tags.
301.5.17 Prepare and send the insurance notification form to the County's Risk Management to
assure that applicable vehicles and major equipment acquired have liability insurance prior to release
for use by the department, with the exception of Rescue Service and Fire Service who will assure
that their newly acquired vehicles will have the necessary insurance coverage, prior to release for on
the road operation or use.
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301.5.18 Insure vendors and contractors doing business with the County are aware of the County's
Equal Opportunity Plan.
301.5.19 Provide an ongoing program of value analysis to determine what can be done to save the
taxpayers money and improve efficiency.
301.5.20 Administers annual agreements and contracts for commodities and outside services for all
county departments; includes monitoring performance.
301.5.21 Establish and provide guidelines for the acquisition of outside services such as
Construction, Maintenance or Professional Services.
301.5.22 Establish and provide guidelines for the acquisition of short-term rental or long term
leased equipment.
301.6 Administrative Policies
301.6.1 All requests for prices and purchases of $10,000.00, or more, must be made by the
Purchasing Department except as listed below. No other department or employee, except as listed
below, shall have the authority to sign contracts, agreements, lease agreements or any other form of
commitment, regardless of dollar value. The Purchasing Director or Manager has the authority to
delegate commitment approval to members of the Purchasing Staff The staff member possessing
delegated commitment approval may approve and sign Purchase Orders or contracts provided
that their authority cannot equal or exceed the commitment approval levels of the Purchasing
Director or Manager. The delegated authority will be by memo signed by the Purchasing Director
or Manager. The time frame will normally be for a maximum of one year and will state the
approval limits by category:, Commodities, Annual Commodity Contracts, Capital
Equipment, Fuel, On Site Services, Professional Services, Construction, Change Orders and
Task Orders. No other department or employee except those indicated below shall have the
authority to purchase or make any other form of commitment on behalf of the County for:
301.6.1.1 The acquisition of insurance -Board of County Commissioners.
301.6.1.2 New trunk lines, modifications to existing trunk lines, long distance services- Assistant
County Administrator.
301.6.1.3 The leasing of real property - as directed by the Board of County Commissioners. (F.S.
125.35 & 125.031)
301.6.1.4 The purchase or sale of real property - Real Estate Officer and County Legal Staff as
directed by the Board of County Commissioners. (F.S. 125.35)
301.6.1.5 One time purchases under $10,000.00 Ordering department head or his/her authorized
representative. (Excluded are certain types of defined length (not to exceed 72 months) equipment
agreements, including, but limited to lease agreements for cell phones, copiers, other equipment,
etc.) Such small one time purchases that are included under this Section will be made in accordance
with the procedure set forth in Section 302.9.1 of this Purchasing Manual.
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301.6.1.6 Professional services as provided in the "Consultants Competitive Negotiation Act" (F.S.
287.055)by the County Administrator or Purchasing Director or Manager with approval of the Board of
County Commissioners. Board approval not required if below the threshold levels provided in F.S.
287.055.
301.6.1.7 Other Professional Services - County Administrator or Purchasing Director or Manager
with approval by the Board of County Commissioners. Board approval not required if below
threshold level provided in F.S. 287.055.
301.6.1.8 The Acquisition of Utilities- County Administrator or designee.
301.6.1.9 From time-to-time the County Administrator may determine that the above exceptions
need or require revision. In such circumstance, the County Administrator shall report to the Board of
County Commissioners, each time the above exceptions are revised. The authority to purchase, the
requirements in the above exceptions, or additionally approved exceptions, will be delegated to the
appropriate departments by the County Administrator.
301.6.1.10 Except as listed above, no one is authorized to sign any type of commitment other than
Purchasing Staff, Assistant County Administrators or the County Administrator. Materials are not to
be received and no work or services are to be authorized or commenced prior to having a fully
executed contract,task order, or purchase order.
301.6.2 The Purchasing Department has full authority to question the quality, quantity, and kind of
items requisitioned in order that the best interests of the County may be served. No changes,
however, will be made without first notifying the ordering department.
301.6.3 All vendors must be offered equal specifications and opportunity to submit bids and/or
quotations if they are to compete on equal terms. Each `competitive solicitation' or `solicitation' (as
these terms are defined in this Manual and in Section 287.0 12(7) (Florida Statutes), shall be based on
identical terms and specifications such that bidders and/or proposers are competing on equal terms.
301.6.4 The County will buy only from responsive and responsible bidders and responsive and
responsible vendors who have adequate financial strength, and a record of adhering to specifications,
maintaining shipping promises, or giving a full measure of service. For purposes of both this
Section, and this Manual, a responsible bidder or responsible vendor shall have the meaning noted
in definitional section of the Manual. The Purchasing Department shall, in the case of requests for
bids, award the contract to the responsive vendor who submits the lowest responsive bid. New
sources of supply will be given consideration, as multiple sources of supply are necessary to insure
availability of materials. The County supports equal opportunity, regardless of race, religion,
nationality, or gender in the bidding and award process for contracts and commodities. It is
specifically understood that the County will not purchase from suppliers, responsible bidders, or
responsible vendors during any period of disqualification (debarment) pursuant to the Manual or by
reason of Sections 287.132 to 287.134,Florida Statutes.
301.6.5 The County strives to maintain strong and enduring relationships with vendors and suppliers
of proven ability and those who desire to meet its needs. To accomplish this, purchasing activities
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will be conducted so that sources of supply being used will place a high value on County business
and make every effort to meet these requirements on the basis of quality, service and price.
301.6.6 Any business relations with sales representatives will be as follows:
301.6.6.1 Sales representatives may be received in other departments only at the request or direction
of the Purchasing Department.
301.6.6.2 Departments desiring to interview sales representatives regarding details of their products
should request such visits through the Purchasing Department.
301.6.6.3 During interviews with sales representatives, no one may commit himself on preference
for any product or service or give any information regarding performance or price which might in
any way give one vendor an advantage over another vendor or embarrass the County.
301.6.6.4 All correspondence with suppliers regarding existing contracts or current solicitations will
be through the Purchasing Department, except in special cases where technical details involved
make it advisable to delegate authority to others or unless otherwise directed by the Purchasing
Department. In such cases, the Purchasing Department shall be provided an information copy of all
correspondence.
301.6.6.5 Give all sales representatives a full, fair, prompt and courteous hearing.
301.6.6.6 Keep competition open and fair. When specifications are established by the requester, and
that equipment or material must have those certain specifications, the words "or equal" will be used
after the specification title. It will be the responsibility of the supplier to convince the requester that
their product is equal for the purpose of a particular project or use.
301.6.6.7 Keep specifications fair and clear.
301.6.6.8 Work with suppliers and contractors and discuss ways/means to reduce cost, improve
delivery times, or provide other benefits to the County.
301.6.6.9 Have consistent buying policies and principles.
301.6.6.10 Observe strict truthfulness in all transactions and in correspondence.
301.6.6.11 Adhere to the Purchasing Code of Ethics and FS 112.313. Do not accept any gratuities
other than the company advertising specialties offered of nominal value, such as pens, pencils, key
chains, etc.
301.6.7 Cooperation and understanding between departments is essential to the effective operation
of the purchasing system. Close liaison must be established between Departments and the
Purchasing Department in order to maintain an effective, efficient and economical purchasing
system.
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301.6.8 The preparation of specifications for technical equipment, plan or designs is the
responsibility of the requesting departments (the requester). However, the Purchasing Department
shall provide assistance when requested or needed. No specifications shall be changed or modified
by the Purchasing Department without coordination with the requesting department. Submit
specifications on the requisition or on an attached sheet with appropriate justification and cost
account code.
301.6.9 The County Finance Department shall be allowed to pay properly coded and approved
invoices that have been scanned or faxed to the Finance Department because there was a problem with
the original voucher package received by the Finance Department.
301.7 Ethics
301.7.1 Acceptance of gifts at any time, other than advertising novelties, is prohibited. Acceptance
of entertainment also is prohibited. Any employees must not become obligated to any suppliers and
shall not conclude any county transaction from which they may personally benefit.
301.7.2 No County officer or employee shall bid for, enter into, or be in any manner interested in
any contract for County purchases or County public works, nor shall any officer or employee seek to
influence the purchase of a product or service from any bidder; except this restriction shall not be
construed to restrict persons from evaluating and appraising the quality and value of the product to
be purchased or service to be rendered where the person's scope of employment contemplates advice
and counsel with respect to the purchase.
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St. Johns County
Administrative Code
Section:Purchasing Date Issued: June 1999
Revised: July 2013
Title: Purchasing Procedures for Ordering Reference:
302.1 Purpose-To establish the policies and procedures for ordering.
302.2 Scope - All officials, departments and employees under the control and responsibility of the
Board of County Commissioners of St. Johns County.
302.3 Bid Award Limits
302.3.1 The Purchasing Department is authorized to purchase or contract for the procurement of
equipment, supplies, construction, and services for County purposes from responsible vendors
providing the lowest price for such that conform in all material respects to the solicitation, when the
amount to be paid by the County does not exceed the Purchasing Department's award limit of
$100,000.00. A `responsible vendor' means a vendor who has the capability in all respects to fully
perform the contract requirements and the integrity and reliability that will assure good faith
performance. Section 287.012(24), Florida Statutes.
302.3.2 if the Purchasing procedures for quotations or bids are not followed as specified in Sections
302.4 and 302.6, the requesting Department Head must complete a Request for Approval form for all
purchases not in compliance with the policy. The Request for Approval form will be forwarded
from the department to Purchasing Director or Manager for review and may require higher level
approval(s).
302.3.3 Materials are not to be received and no work or services are to be authorized or commenced
prior to having a fully executed contract,task order, or purchase order.
302.4 Quotations
302.4.1 The Purchasing Department or requester will obtain at least three (3) competitive quotations,
whenever possible. Purchase items under $3,000.01 are exempt from obtaining competitive verbal
quotations except as circumstances may require. Sole Source items are also exempt, however,
written documentation confirming this condition shall be required. Other circumstances creating an
inability to secure multiple quotations shall be documented on the individual requisition and will be
filed with the purchase order. Dollar limits shall be based upon the total order value, not on a line
item basis.
302.4.2 As outlined below, the Purchasing Department or requester may solicit either oral or written
quotations from the open market and shall make use of available current vendors' and suppliers' price
lists.
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302.4.3 When requesting quotations for items costing up to $3,000.00, a verbal quotation shall be
sufficient, however, a supplier may be required to provide a written quote depending on the
complexity of the requirement.
302.4.4 Quotations for items, etc. being requested that are estimated to cost over $3,000.00 but not
more than $5,000.00, may be solicited orally. Dollar limits shall be based upon the total order value,
not on a line item basis. However, a supplier may be requested to provide his quote on follow up
correspondence.
302.4.5 Quotations for items in excess of$5,000.00 and up to $9,999.99 must have a letter of quote
prepared by the requester. Dollar limits shall be based upon the total order value, not on a line item
basis. Under urgent conditions requiring immediate ordering action to fill department requirements,
quotations may be solicited orally then followed up with a written request for quotation from the
supplier.
302.4.6 Quotations for items in excess of$10,000.00 must be prepared and issued by the Purchasing
Department, unless specifically delegated to the requestor.
302.4.7 In all the above situations, it is important that each supplier be provided with identical
specifications. Failure to adhere to this requirement will cause inequitable results in quotations
received from supplies and cause suppliers to lose faith in the purchasing ethics of the County.
302.4.8 If at least three quotations are not possible, the Purchasing Department or requester will
make a notation on the requisition stating reasons for inability to obtain sufficient quotes. All
suppliers stating no quote will be documented.
302.5 Bid Tabulation Postings - The Purchasing Department shall maintain a bulletin board within
the Purchasing Department accessible to the public, where all Bid Tabulations shall be posted for a
period of 72 hours, excluding weekends and legal holidays, after the time of bid opening.
302.6 Sealed Bids
302.6.1 All requests for purchases or contracts (excluding task orders), except as provided below,
shall be advertised for sealed bids when the sum is in excess of the bid limit ($50,000.00). The
determination for the sum exceeding the threshold for sealed bids is as follows: one-time
purchases or total anticipated expenditures on an annual basis that are $50,000.00 or greater for
commodities or equipment; or during the total length of the commitment for ongoing services or
agreements are $50,000.00 or greater. The Purchasing Director or Manager or County
Administrator may approve bid awards up to $100,000.00. The Board of County Commissioners
approval is required for Sealed Bid awards exceeding$100,000.00.
302.6.2 All items necessitating sealed bidding for departments under the jurisdiction of the Board of
County Commissioners must submit to the Purchasing Department a request with specifications
attached. With this information Purchasing will prepare a Bid Package and provide a bid opening
time and date.
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302.6.3 When sealed bids are requested and no proposals are received, it will be the decision of the
Board of County Commissioners to accept a supplier as recommended by the Purchasing
Department and Requesting Department Head.
302.6.4 Copies of the advertisement will be provided to the Deputy Clerk, either by email or hard
copy, who will coordinate with the Purchasing Director or Manager, the appropriate bid opening
time and date and submit to the local newspaper or specialized publication for legal advertisement.
(see 302.7).Additionally,the advertisement will be posted electronically on the Web.
302.6.5 Exceptions to sealed bid and award method include the following:
302.6.5.1 Emergency Purchases - When accompanied by a memo of justification approved by:
$50,000 or less-Purchasing Director or Manager;
More than $50,000-County Administrator or designee;
Any emergency purchase of $100,000.00 or more shall be approved by the Board of County
Commissioners.
302.6.5.2 Repairs to Existing Equipment - When accompanied by a memo stating only one firm can
or should repair the equipment approved by:
$50,000 or less-Purchasing Director or Manager;
More than $50,000- County Administrator or designee;
Any repairs of$100,000.00 or more shall be approved by the Board of County Commissioners.
302.6.5.3 Sole-Source Items - When accompanied by a memo of justification approved by:
$50,000 or less - Purchasing Director or Manager;
More than $50,000- County Administrator or designee;
All Purchases of$100,000 or more shall be approved by the Board of County Commissioners.
302.6.5.4 Piggyback or Cooperative Purchasing- When other governmental agencies have already
established agreements through the competitive sealed bid or RFP/RFQ process and which meet the
requirements for St.Johns County.
$50,000 or less-Purchasing Director or Manager;
More than $50,000- County Administrator or designee;
All Purchases of$100,000 or more shall be approved by the Board of County Commissioners.
A piggyback contract will be allowed with respect to competitive negotiations or requests for
proposals. If a piggyback forms the basis for the County entering into negotiations, then the existing
contract with another governmental entity will be the starting point or basis for negotiations, but the
County shall have the authority in its reasonable discretion to alter or change the contract as to terms,
conditions, or otherwise with respect to the unique circumstances presented with respect to the
proposed use or acquisition by St.Johns County.
302.6.5.5 Bid or Quoted Items Resulting in bid amounts under the existing award limit may be
awarded at the discretion of the Purchasing Director or Manager.
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302.6.5.6 Competitive Sealed Proposals for Certain Services - As outlined in Section 306, the
County Administrator or Purchasing Director or Manager may approve awards up to $100,000.00. The
Board of County Commissioners approval is required for awards greater than$100,000.00.
302.6.5.7 Real estate and structures when approved by the Board of County Commissioners.
302.6.6 Amendments/Changes After Award
302.6.6.1 The Purchasing Director or Manager may authorize changes/amendments for construction,
and goods and/or services within the overall scope of the project of up to a cumulative amount of
twenty percent (20%) of the original contract value or Fifty Thousand Dollars
($50,000.00), whichever is higher. If the amendment/change order exceeds the
maximum amounts, herein, the amount of the amendment/change order must be approved by
the County Administrator or designee. If the change is outside the scope of the original project or
procurement as determined by the Purchasing Director or Manager, a new invitation for bid must
be issued unless bidding would cause a significant delay or other adverse impact on the project. To
avoid unnecessary delay, the Purchasing Director or Manager, may coordinate a change order with
the existing contractor provided the existing contractor is qualified and available to perform on the
new project, or is capable of securing the services of a qualified subcontractor. Change_orders and
Amendments are issued by the Purchasing Department.
302.6.6.2 Extension of time frames for completion of contracts may be authorized by the Purchasing
Director or Manager.
302.7 Bid Advertisements
302.7.1 The Deputy Clerk will be responsible for submitting the legal advertisements inviting bids
and requesting legal notice from the newspaper for each date advertisement is published.
302.7.2 The advertisement inviting formal sealed bids shall be published twice, the first notice to be
published not less than fourteen (14) calendar days prior to the day set by the Purchasing Department
for the receipt of request for proposals or bids. The advertisement shall be published in a newspaper
of general paid circulation which is published at least five (5) days a week in the County except for
specialized advertising or bids.
302.7.2.1 Construction projects exceeding $200,000 must be advertised at least once 21 days prior
to the bid opening date and at least 5 days prior to the scheduled pre-bid conference. (F.S. 255.0525)
307.7.2.2 Construction projects exceeding $500,000 must be advertised at least once 30 days prior
to the bid opening date and at least 5 days prior to the scheduled pre-bid conference. (F.S. 255.0525)
302.7.3 The newspaper advertisement shall include a general description of the equipment, supplies,
or services to be procured, where bid document forms and specifications may be secured, the closing
date for acceptance of bids or proposals, and the time and place for the receipt and opening of bids
and any other data relevant to the bid requirements.
3 02.7.4 Formal sealed bids or Requests for Proposals or Requests for Qualifications may also be
advertised electronically on the Web when posted for at least 14 calendar days before the date set for
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receipt of bids, proposals, or replies. The advertisement requirements are the same as in 302.7.2 and
302.7.3. Electronic advertising may be used alone or in conjunction with the written notice. The
Purchasing Director or Manager shall be responsible for documenting evidence of advertising in any
format.
302.8 Field Purchase Orders-Field Purchase Orders were discontinued as of July 15, 1996.
302.9 Requisitioning and Purchasing Procedures
•
302.9.1 Requisitioning Procedures. All departments or agencies under the Board of County
Commissioners shall obtain equipment, supplies, and services under $10,000.00 by entering a
requisition into the Automated Purchasing System, with exception that commodity purchases for
$1,000.00 and under may be made using the Credit Card System as outlined in Section 309. (See
Exhibit A Credit Card Purchasing System Policy).The requisition should not be submitted in advance of
the requirements for the Purchasing Department to obtain competitive prices and must allow
sufficient time for deliveries to be made. For purchases or agreements $10,000.00 to $49,999 the
Purchasing Department will enter the requisition, unless the requester is specifically given
authorization to do so.
The normal turnaround time for a requisition to be processed into a purchase order is four days,
(one- requestor enters requisition; two-Purchasing reviews requisition and approves; three-Budget
reviews and approves requisition; and four-Purchasing converts requisition into a purchase order.).
This is predicated upon Purchasing promptly receiving the required backup and/or quotes from the
requestor. Time required normally for delivery of item(s) after receipt of requisition and correct
specifications by the Purchasing Department is dependent on availability of materials and whether
the sealed bid process must be used. The sealed bid process alone will take a minimum of five (5)
weeks or more, plus the lead-time required by the supplier to provide the item(s)requested.
Purchase Order Number: If department is purchasing item(s), a purchase order must be obtained
from the Purchasing Department before ordering.
If the department is ordering the items, under no circumstances are items to be picked up by a
department before the issuance of a purchase order number. After the fact issuing of purchase orders
will not be condoned.
The following is a check list in preparation of the requisition:
302.9.1.1 Required Date: Desired date for receipt of goods or services.
302.9.1.2 Suppliers Name & Address: Enter supplier's Vendor Code. Recommended sources of
supply will be noted on the requisition to assist the buyer in expediting the purchase of the
department's requirements. Sole source requirements must be fully justifiable and noted on
requisition in Comments section by the department head or designee and a hard copy forwarded to
Purchasing.
302.9.1.3 Freight: Shipment Method(i.e.N/A,Best way,Delivered, Truck, etc.)
302.9.1.4 Terms: Net terms (30, 60 or 90 days, etc.)
302.9.1.5 Ship To: Enter "Ship To" Code or complete street address where item is to be shipped, or
designate if department is to pick up.
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302.9.1.6 Bill to: If"Bill to" information is different than "Ship To" information, enter in Text/notes
section of the requisition. Provide bill to address for the Department ordering as per format:
St.Johns County Board of County Commissioners
Department Name
Street Address
St. Augustine,Florida&Zip Code
302.9.1.7 Comments/Quotes: The department may also use this block to provide verbal quotations
from other sources of supply: When the departments' purchase materials that exceed $3,000.00 it
will serve as a quotation sheet listing three (3) sources of suppliers with prices, as requested in
Section 302.4 and record the name of the person of the supplier providing the quote. (Note: All
purchases will be made F.O.B. St.Augustine).
Written Quotes: When quotes have been received in writing, or if the County Bid Form is used,
forward to the Purchasing Department.
302.9.1.8 Purpose/Intended Use: Enter the purpose or intended use of the items to be purchased.
302.9.1.9 Asset Property Item: Defined as equipment or other tangible personal property of a non-
consumable nature, the value of which is $1,000.00 or more, and normal expected life of which is
one year or more. (F.S. 274.02.)
302.9.1.10 Quantity: Self-explanatory.
302.9.1.11 Unit: This indicates how the product is to be purchased, EA (each), BL (barrel), LB
(pounds), GL (gallon), etc. When in doubt, contact the Purchasing Department.
302.9.1.12 Commodity Code and Item Description: This is especially important. Be as specific as
possible; the more information furnished, the easier it will be to place your order and obtain the
item(s) required. All item descriptions will be considered to include "equal" or substitute items at
the discretion of the Purchasing Department. If the department requires "No Substitutes", it must
state so in the requisition notes and be accompanied by a memo of justification for the sole source;
there will be no exceptions.
302.9.1.13 Text Block - include any additional information from item description block and any
specifications and/or special instructions.
302.9.1.14 Unit Cost: Whenever possible the unit cost will be obtained from the supplier.
302.9.1.15 Accounting Detail: Enter the correct charge account number for which the items or
service will be used from your department budget chart of accounts. The Department Head or
designee will be responsible for posting the correct account number to which the item(s) will be
charged.
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302.10 Fund Authorization
302.10.1 Requisitions must state from which budget account encumbrances will be made and may
not be submitted when funds are not available. If funds are not available, it will be the responsibility
of the department head to rectify the situation by submission of a Request for line item Transfer of
Funds to the Budget Officer or by Budget Amendment with the approval of the County
Administrator. The Purchasing Department will process requisitions into purchase orders after it has
been determined that sufficient funds are available. For purchases $10,000.00 and over where the
Purchasing Department has entered the requisition, Purchasing will fax or place order, unless the
requester is specifically given authorization to do so.
302.11 Receipt of Goods and Services
302.11.1 Any equipment, supplies, or services which go directly to the ordering department must be
checked by the department for accuracy, quantity, quality, and condition. Only after this has been
accomplished should a delivery ticket, invoice or receiving report be signed. All problems with the
shipment will be noted on the receiving document and carrier's waybill before it is signed and
returned to the driver delivering the items. If in doubt, always contact the Purchasing Department on
how to proceed in cases with problem shipments.
302.1 1.2 To avoid delays in payment of invoices, be sure that the person authorized to sign
invoices, normally the department head or his designated representative, signs all invoices, includes
purchase order number and designates appropriate GL number as approval for payment before they
are sent to Finance for processing.
302.11.3 When signing for services performed, sign only for what was actually performed. Never
sign blank invoices or service tickets. Always check the invoice price and compare to the purchase
order or contract amount to insure it is billed correctly. Always insist that your department receives a
copy of the service/delivery ticket for the work performed.
302.11.4 If items received are damaged or defective, the department receiving the goods should not
use the items and immediately notify the vendor for the corrective action. If the department and
vendor need further assistance in correcting the problem, contact the Purchasing Department for
assistance.
302.11.5 Core Deposits/Tank or Drum Deposits - It will be the responsibility of the department
receiving the items to return or track the core, tank or drum deposit items for credit from the
suppliers
302.11.6 When the purchase order is completed send the invoice marked "final" to the Finance
Department for payment.
302.12 Blanket Purchase Orders
302.12.1 As a rule, the use of blanket purchase orders will be restricted to purchases in the
following categories:
302.12.1.1 Items for which there is an established contract.
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302.12.1.2 Small repair or replacement items used on a repetitive basis. Authorization will be at the
discretion of the Purchasing Director or Manager and the Department Head.
302.12.1.3 Any item(s)which, at the discretion of the Purchasing Director or Manager, does not lend
themselves readily to acquisition by small purchase or normal requisitioning procedures.
302.12.2 The Purchasing department, in coordination with the requisitioning department, will
establish a dollar limit for each blanket purchase order. Typically, unless under a contract established
by a bid, a blanket purchase order should not exceed $10,000.00.
302.12.3 The invoice for the materials received when purchasing items on a blanket purchase order
will be signed by the person authorized to sign invoices along with GL number & PO number and
forwarded to Finance after receipt. A duplicate copy of the invoice may be retained by the
department for posting amount to the blanket order log and for filing in the completed order file.
302.12.4 Thirty (30) days prior to the start of a new fiscal year, the department will request in
writing the requirements for new blanket purchase orders. Additionally, the department will be
requested to submit in writing the continuance or termination of the existing blanket purchase orders.
302.13 Purchase Order Follow Up
302.13.1 Departments initiating requisitions should keep track of all requisitions and coordinate
with the Purchasing Department to insure requisitions have been received and are valid. It is
important that Purchasing be alerted by a notation on the requisition that items must be received by
the required date.
302.13.2 The function of the Purchasing Department is to facilitate the supply of equipment,
supplies or services to fulfill staff and departmental requirements. This function is not complete
until satisfactory delivery of such items has been made. Follow-up of outstanding purchase orders is
made as follows:
302.13.2.1 Upon being notified by the ordering department that item(s) on the purchase order are
past due or needed before the indicated required date, the Purchasing Department will provide the
status of an open purchase order.
302.13.2.2 The Purchasing Department will either write or telephone the vendor requesting specific
reasons as to why delivery has not been made as required. A new, realistic delivery date will be
established if the vendor has a bona fide reason of delay. If not, the order is subject to cancellation.
The ordering department will then be notified to either accept the delayed delivery date or authorize
the buyer to cancel the order.
302.13.2.3 Continued broken promises or poor service shall result in the Purchasing Director or
Manager evaluating such performance to determine if the vendor should be removed from the
bid and quotation lists.
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302.14 Canceling of Purchase Orders
302.14.1 When a department determines that an order is to be canceled, the Purchasing and Finance
Departments must be notified. The buyer who placed the order should be the person to be contacted.
The reason for the cancellation of the order will be provided in writing by the department to the
buyer.
302.14.2 The buyer may cancel the order verbally with the supplier. The action must then be
confirmed to the supplier in writing.
302.14.3 The buyer will annotate the Purchase Order as "canceled" and state the reason the purchase
order was canceled.
302.14.4 The department will notify Finance that the purchase order is cancelled, so that Finance
may close the purchase order and un-encumber those funds.
302.15 Public Entity Crimes -No person or company on the Florida State Division of Hearings of
the Department of Administration convicted vendors list may submit a bid in excess of$15,000.00
for a period of 36 months from date of being placed on the list.
302.16 Buy America Program - This section applies only to those contracts, agreements or
purchase orders which are funded by the Federal Transit Administration, US Department of
Transportation or other funding source which requires compliance as a condition of the funding. This
solicitation and the resulting contract are subject to the Buy America requirements in 79 U.S.C. §5323
(j) and the Federal Transit Administration's implementing regulations found at 49 CFR Part
661(Manufactured Products) and 49 CFR Part 663 (Pre/Post award certifications for rolling stock).
These regulations require, as a matter of responsiveness, that the bidder or offeror submit with its
offer a completed certification in accordance with § 661.6 or § 661.12, as appropriate. If steel or
manufactured products are being procured, their certificate at CFR 49 Part 661.6 will be used and
reference section 165(a) and its implementing regulations. If rolling stock is being procured, the
bidder who can comply will certify that it will comply with section 165(b) (3) and it's implementing
regulations, and use the certificate at CFR 49 Part 661.12. These certifications are set forth in this
solicitation in Exhibit Q in the Purchasing Section Exhibits.
What procurements do these certifications really apply to? If iron, steel and manufactured
products are being procured, the provisions of § 661.5 and the certification found at § 661.6 apply.
Under § 661.5 (a), the general principle is re-established that no funds may be obligated by FTA for
a grantee project unless all iron, steel, and manufactured products used in the project are produced in
the United States. Subsections (b)and 8 apply to the iron and steel processes and requirements.
For the iron and steel requirements —FTA made it very clear in its revision to 8 of these regulations
that the iron and steel requirements apply to all construction materials made primarily of steel or iron
and used in infrastructure projects such as transit or maintenance facilities, rail lines, and bridges.
The requirements do not apply to steel or iron used as components or subcomponents of other
manufactured products or rolling stock.
For the manufactured products requirement — FTA made it clear in its revision to (d) that all of the
manufacturing processes for the product must take place in the United States, that the components
must be of U.S. origin, and that a component is considered of U.S. origin if it is manufactured in the
United States, regardless if the origin of its subcomponents. Also, in these latest revisions, the FTA
eliminated confusion found in the prior .rPating a common definition of"component"
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for both manufactured products and rolling stock.
For bus and rolling stock requirements—In earlier legislation (and as reflected in 49 CFR §661.11),
the domestic content requirement for components of buses and rolling stock was to increase from
50% to 60% for contracts awarded after October 1991. In its latest revision, the FTA eliminated all
reference to these graduation requirements because it felt the 60% domestic requirement was now in
effect for all contracts.
Additionally, St. Johns County will conduct or order to be conducted pre-award and post delivery
audits to verify compliance with Buy America Requirements. St Johns County will keep records to
include pre-award and post delivery certifications. The pre-award audit must be complete before a
contract is entered into for purchasing Rolling Stock. The post-delivery audit must be complete before
a title is transferred. A post inspection of the vehicle by St. Johns County is required to verify that the
vehicle meets all contract requirements
If St. Johns County either purchases off of the State of Florida contract or another grantee's contract St.
Johns County must review the audit and prepare its own signed certification.
Altoona Bus Testing—When purchasing Rolling Stock with funds obligated after September 30, 1989,
St. Johns County must certify to FTA that any new bus model has been tested at the FRA-sponsored
test facility in Altoona, Pennsylvania. A copy of the most recent list of models tested is available at the
following web site: http://www.vss.psu.edu/BTRC/Reports/allbusses.pdf.
302.17 Disadvantaged Business Enterprises Program - This section applies only to those
contracts, agreements or purchase orders which are funded by the Federal Transit Administration,
US Department of Transportation or other funding source which requires compliance as a condition
of the funding.
The St. Johns County Board of Commissioners has established a Disadvantaged Business Enterprise
(DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49
CFR Part 26. The County has received Federal financial assistance from the Department of
Transportation, and as a condition of receiving this assistance, the County has signed an assurance
that it will comply with 49 CFR Part 26.
It is the policy of St. Johns County to ensure that DBEs as defined in part 26, have an equal
opportunity to receive and participate in DOT-assisted contracts.It is also our policy:
I. To ensure nondiscrimination in the award and administration of DOT- assisted contracts;
2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;
3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law;
4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to
participate as DBEs;
5. To help remove barriers to the participation of DBEs in DOT assisted contracts;
6. To assist the development of firms that can compete successfully in the market place outside the
DBE Program.
The County Administrator has been delegated as the DBE Liaison Officer. In that capacity, the
County Administrator is responsible for implementing all aspects of the DBE program.
Implementation of the DBE program is accorded the same priority as compliance with all other
legal obligations incurred by St. Johns County in its financial assistance agreements with the
Department of Transportation.
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St. Johns County has disseminated this policy statement to all of the components of our organization.
We have distributed this statement to DBE and non-DBE business communities that perform work
for us on DOT-assisted contracts. This dissemination is accomplished through the inclusion of this
document in all contracts and agreements.
302.18 Anti-Lobbying Certification - This section applies only to those contracts, agreements or
purchase orders which are funded by the Federal Transit Administration, US Department of
Transportation or other funding source which requires compliance as a condition of funding. See
Exhibit Q-Certification Regarding Lobbying.
St. Johns County BOCC agrees as follows: refrain from using Federal assistance funds to support
lobbying; comply, and assure the compliance of each third party contractor at any tier and each sub
recipient at any tier, with applicable requirements of U.S. DOT regulations, "New Restrictions on
Lobbying," 49 CFR Part 20, modified as necessary by 31 U.S.C. § 1352.
302.19 Cooperative Purchasing - It is standard policy of the Purchasing Department to cooperate
with other government agencies in the purchase of goods and services required by the County.
The most common form of cooperative purchasing is purchasing from contracts issued by the State
of Florida for specific commodities. A list of commodities available for purchase through a State
Contract is issued by the State. These contracts are listed on the following website:
http//www.myfl orida.com.
When any other government agency has competitively bid and awarded any contract for product or
service, St. Johns County may purchase that product or service from the awarded vendor at the
awarded price if the original bid specifications and award allow it. This is generally known as
'piggybacking". It is the responsibility of any County Department/Division/Activity to transmit this
type of information to the Purchasing Department when requesting a piggyback purchase. The
Purchasing Director or Manager has the authority to deny the piggyback purchase if a direct
purchase by St. Johns County would be more beneficial.
The Purchasing Department may bid and award the purchase of any product or service with the
stipulation that any other government agency may also purchase the awarded product or service at
the same awarded price.
It may prove advantageous for the County and other government agencies to explore the possibility
of combining their respective requirements for certain commodities and issuing a joint cooperative
Bid/RFP. Please contact the Purchasing Department with any ideas for such cooperative purchasing.
The Purchasing Department will coordinate with other government agencies, in order to determine if
cooperative purchasing is a proper alternative.
Utilization of another government agency's solicitation falls under the same signature authorization
levels, as noted elsewhere in this Purchasing Manual.
See Exhibit R for Piggybacking Worksheet.
302.20 Debarment and Suspension - Government-Wide Debarment and Suspension (Non-
Procurement) (For Federal Transportation Procurements)
Background and Applicability - In con'--+4--- —444- 4" gffrce of Management and Budget and other
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affected Federal agencies, DOT [Department of Transportation] published and updated to 49 CFR
Part 29 on November 26, 2003. This government-wide regulation implements Executive Order
12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31
U.S.C. 6101 note Section 2455,Public Law 103-355, 108 Stat. 3327).
Federal agencies use the government-wide no procurement debarment and suspension system to
exclude from Federal programs persons who are excluded or disqualified from covered transactions.
St. Johns County is required to ensure to the best of their knowledge and belief that none of their
"principals" (as defined in the governing regulation 49 CFR Part 29), and third-party
contractors/vendors and subcontractors is debarred, suspended, ineligible, or voluntarily excluded
from participation in federally assisted transactions or procurements. Staff is required to review the
Excluded Parties Listing System (httyp://epls.arnet.govf) before entering into any third party
contracts. Printing the screen with the results of the search will provide the required documentation.
demonstrating such requirements have been met.
The provision of Part 29 applies to all grantee contracts and subcontracts at any level expected to
equal or exceed $25,000, as well as, any contract or subcontract (at any level) for Federally-required
auditing services. 49 CFR 29.220(b). This represents a change from prior practices in that the dollar
threshold for application of these rules has been lowered from $100,000 to $25,000. These are
contracts and subcontracts referred to in regulation as"covered transaction."
Grantees, contracts, and subcontractors (at any level) that enter into covered transactions are
required to verify that the entity (as well as its principals and affiliates) they propose to contract or
subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties
List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the
contract or subcontract. This represents a change from prior practice in that certification is still
acceptable,but no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must require the
entities they contract with to comply with 49 CFR 29, subpart C, and include this requirement in
their own subsequent covered transactions (i.e., the requirement flows down to subcontractors at all
levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method of
verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purpose of 49 CFR 29. As such, the contractor is required
to verify that none of the contractor, its principals as defined at 49 CFR 29.995, or affiliates, as
defined at 49 CFR 29.905, are excluded or disqualified, as defined at 49 CFR 29.40 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C, and must include the requirement
to comply with 49 CFR 29, Subpart C, in any lower tier covered transaction, the contractor enters
into.
By signing below, and submitting its bid or proposal,the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by
(Vendor). If it is later determined that the bidder or proposer knowingly
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rendered an erroneous certification, in addition to remedies available to
(Vendor), the Federal Government may pursue available remedies, including, but not limited to,
suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49
CFR 29, Subpart C, while this offer is valid, and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
302.21 Owner Direct Purchases - The County reserves the right to require the Contractor to assign
some, or all, its subcontracts or other agreements with material suppliers directly to the County. This
process will be referred to as Owner Direct Purchases (ODP), and is a method that may be utilized to
create savings for the County. This saves the amount of the sales tax, (currently 6%) when the
County purchases material/equipment required for a construction project directly from the
manufacturer/supplier (material/equipment cost only), and simultaneously decreases the amount of
the contract for the cost of the materials/equipment, plus the sales tax. These purchases shall be
exempt from the County's Purchasing Policy. The contract cost reduction is accomplished through
the construction change order process. Additional savings may also be realized if the County
negotiates a cost reduction for the associated reduced premium cost for the project price guarantee,
(e.g. performance and payment bond(s), irrevocable letter of credit, bank check, etc.).
1. The Contractor will include the cost of all construction materials and equipment as specified in
the Contractor's Bid Price. The Bid Price will also include all Florida State sales taxes
normally applicable to such materials and equipment. If the County elects to make Owner Direct
Purchase, the responsibilities of the County and the Contractor shall be governed by this
Section. All clerical, administrative, management, supervisory, inspection handlings, storage,
and other cost, necessary for the Contractor to comply with Owner Direct Purchases are
included in the Bid Price.
2. The Contractor shall require major subcontractors to comply with these procedures.
3. The Contractor shall furnish the County with a Requisition identifying each item of material or
equipment to be purchased by the Contractor for the project. This form shall be acceptable to the
Project Director and the Engineer of Record. The Requisition shall include the following:
• The name, address,telephone number, Federal Employment Identification Number(FEIN),
and contact for the supplier.
• Manufacturer or brand, model or specification number of the item.
• Quantity needed as estimated by the Contractor, or its Subcontractor and Suppliers.
• The price quoted by the Supplier for the material or equipment in question.
• Any sales tax associated with such quote.
• Shipping, handling and insurance costs.
• Delivery date as established by the Contractor, or its Subcontractor and Suppliers.
• Special terms and conditions which have been negotiated with the Supplier relative to
payment terms, discounts, rebates, warranty, credits, or other terms and conditions which will
revert to the County.
• Statement with the submittal control number that materials have been reviewed and approved
by Architect and Engineer during the shop drawing submittal process.
4. Promptly upon receipt of a Requisition, the Contractor will be notified of those items the County
does not choose to purchase and becomes responsible for their purchase. The County will
award a Purchase Order for the items which the County chooses to purchase. The Purchase Order
shall require that the Supplier provide any necessary shipping and/or handling costs/charges.
The Purchase Order shall also require the delivery on the dates provided on the Requisition. A
copy of each Purchase Order will be sent to the Contractor, in order to verify that items ordered
are in accordance with the required terms and delivery dates.
5. The Contractor shall prepare, one Packet Page.497.execute, deductive Change Orders, in order
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to reflect purchases that are made by the County. The amount of the deduction shall be based
on the Purchase Order, plus sales tax avoided. These Change Orders must be executed before
the related Purchase Order will be paid.
6. Nothing in this Section shall alter or modify the procedures for submission of shop drawings,
and other submittals by the Contractor.
7. The Contractor shall be fully responsible for the receipt and acceptance of Owner Direct
Purchase items. At a minimum, the Contractor shall verify correct quantities, verify
documentation, co-ordinate and expedite delivery, obtain and verify warranties required by the
Contract Documents, inspect and accept each item at the time of delivery, unload, handle, and
store the items. Owner Direct Purchases by the County in no way relieves the Contractor of
complying with specification requirements, co-ordination, protection, scheduling, or warranty.
8. As Owner Direct Purchase items are delivered to the job-site, the Contractor shall visually
inspect all shipments, and approve the Supplier's shipping documents. The Contractor shall
assure that each delivery document identifies the Purchase Order against which delivery is made.
9. The Contractor shall inspect Owner Direct Purchase items prior to acceptance. If the Contractor
discovers defective or non-conforming items, the Contractor shall not utilize such items in the
project, and shall promptly notify the County, and assist the County in obtaining repair or
replacement of the item. The Contractor shall be fully responsible if the Contractor fails to
perform such inspection or otherwise accepts defective or non-conforming material or
equipment. The Contractor shall ensure that materials requisitioned have been reviewed by the
Architect and comply with specifications.
10. The Contractor warrants Owner Direct Purchase items the same as all other materials and
equipment furnished by the Contractor, and nothing in this Section shall alter or modify the
Contractor obligations under the Contract relative to warranties.
11. The Contractor shall purchase and maintain Builder's Risk insurance sufficient to protect against
loss or damage to Owner Direct Purchase items. Such insurance shall cover the full value of any
Owner Direct Purchase items not yet incorporated into the project starting from the moment of
material delivery to the project site.
12. The Contractor shall be liable for any interruption or delay in connection with Owner Direct
Purchase items.
13. The Contractor shall provide the County's representative with a monthly report documenting the
amount and nature of Owner Direct Purchase items accepted by the Contractor. The Contractor
shall match all material and equipment to purchase orders, invoices, delivery tickets, and
inspection and acceptance reports. The Contractor shall also obtain lien waivers and other
releases from Suppliers. Upon receipt of appropriate documentation from the Contractor,
payments will be made directly by the County to the appropriate supplier, in accordance with the
Purchase Order's terms and conditions.
14. The requirements of Rule 12A-1.094, F.A.C. must be satisified to prove that the County rather
than the contractor or subcontractor is the purchaser of the materials: the County must issue its
purchase order directly to the vendor supplying the materials the contractor will use and provide
the vendor with a copy of the County's Florida Consumer's Certificate of Exemption; the
vendor's invoice must be issued to the County, rather than to the Contractor; the County must
make payment directly to the vendor from public funds; the County must take title to the
tangible personal property from the vendor at the time of purchase or delivery by the vendor; the
assumption of risk of damage or loss by the County must occur at the time of purchase and the
County must bear the economic burden of obtaining insurance covering damage or loss or
directly enjoy the economic benefit of the proceeds of such insurance; and the County is
required to issue a Certificate of Entitlement (format and requirements per Section 8, Chapter
2010-138,L.O.F., effective January 2, 2011) to each vendor and to the County's contractor to
affirm that the tangible personal from that vendor will go into or become a
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part of a public work. The last requirement does not apply to any agency or branch of the United
States government. The Certificate of Entitlement must be retained in both the vendor's and
contractor's books and records and must have an attached copy of the Purchase Order.
Purchases made by the County for a public works construction contract without a Certificate of
Entitlement will be subject to tax.
15. The Contractor shall maintain records of all County Owner Direct Purchase items incorporated
into the Work. These records shall be available for inspection by the County upon request.
302.22 Contract Cost and Price Analysis for Every Procurement Action
Every award must include a determination that the price is fair and reasonable. The extent of the analysis
depends on the value and nature of the contract. These requirements will also be followed when a
contract is amended and/or a change order is issued.
For micro-purchases, $3,000 or less, staff will make a determination that the price is reasonable, which
may be based upon the buyer's familiarity with the product or service, and need not entail a cost
breakdown or detailed analysis of cost elements. However, the method of determining how the price is
fair and reasonable must be documented.
For small purchases, more than $3,000 and not more than $25,000, a determination that the price is fair
and reasonable depends upon the nature of the product or service. For example, if the procurement was
for standard commercial items sold in substantial quantities to the general public, then a price analysis
would be sufficient If the procurement were for services, then some breakdown of the price would be
required to determine that the labor hours, rates,profit, etc. were fair and reasonable.
For construction and A&E contracts over $25,000, the cost analysis will include a cost breakdown or
detailed analysis of cost elements. Part of this analysis can include fair wages included in a Davis Bacon
determination Table for this location. A cost analysis provided by a contracted A&E firm can be used as
a cost analysis for a construction project.
All Cost Analyses must be documented and added as an attachment to the Purchase Order. An
Independent Cost Analysis Form is available in Exhibit W. It is understood that with every procurement
action, an independent cost estimate is the starting point for any cost or price analysis.
302.23 Contract Clauses Federal clauses for FTA funded procurements are required based on the type
and cost of the procurement. For purposes of identifying which clauses are needed, Exhibit U
(APPLICABILITY OF THIRD-PARTY CONTRACT CLAUSES) provides a table showing the
required clauses. Note that the Third Party Contract Clauses are not needed for micro purchases, except
for construction projects over $2,000. Under FTA micro-purchases are defined as any purchase $3,000
or less. Examples of the required clauses are included in Exhibit V.
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St. Johns County
Administrative Code
Section: Purchasing Date Issued: June 1999
Revised: July 2013
Title: Contracts Reference:
303.1 Purpose-To establish the policies and procedures for contracts.
303.2 Scope - All officials, departments and employees under the control and responsibility of the
Board of County Commissioners of St. Johns County.
303.3 Contract Requirements
303.3.1 The formal written agreement between a vendor or consultant and the Board of County
Commissioners constitutes a contract for purchasing purposes. Written contracts are normally
required for:
303.3.1.1 Construction Projects, outside services, and maintenance projects. (See Section 303.6 and
306)
303.3.1.2 Professional services negotiated under/pursuant to the Consultants Competitive
Negotiations Act(F.S. 287.055). (See Section 307)
303.3.1.3 Any other purchase in which a written contract is deemed necessary or requested by the
Purchasing Director or Manager, County Attorney, County Administrator or Board of County
Commissioners.
303.3.1.4 A contract document requested by a vendor, contractor, or consultant. Any contract
document required or requested by the vendor, contractor, or consultant shall be reviewed by the
County Attorney prior to a County representative signing. County personnel do not have the
authority to execute a contract over $1,000 without the County Attorney's, or designee's prior
review of such contract.
303.3.2 All contracts shall be prepared and processed by the Purchasing Department and shall be
one of the County's standard contract documents, unless prepared by the vendor/consultant per
303.3.1.4, which have previously been approved by County Staff, including the County Attorney.
The exception is construction projects that are handled by the Construction Services Department.
303.3.3 Contracts must be so constructed as to protect the County against undefined obligations that
may be inherent in the bid or other documents. To provide for safeguards to the County, the contract
will have, as a minimum, the conditions listed below:
303.3.3.1 All contracts will identify the date of the contract, the Owner (County), the
vendor/consultant and a detailed scope of work, description of the services or commodities to be
provided.
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303.3.3.2 The number of days to complete the term of the contract.
303.3.3.3 The amount of the contract.
303.3.3.4 A Termination Clause that provides the methods or procedures for the County to
terminate with or without cause
303.3.3.5 Various signatures required to execute the contract
303.3.3.6 Insurance. The insurance requirements are as follows:
303.3.3.6.1 The successful bidder/proposer shall indemnify and hold owner harmless against all
loss, damage, or expense for reason of injury to person or property arising out of the use of or
activities on any said premises by the successful bidder/proposer, its' agents, representatives,
contractors, subcontractors, or employees. Prior to commencement of service/deliveries under this
Contract, the successful bidder's insurance coverage shall comply with the following insurance
requirements:
303.3.3.6.2 Worker's Compensation/Employer's Liability insurance as required by the Worker's
Compensation Laws of the State of Florida.
303.3.3.6.3 General Liability Insurance on the Comprehensive Form for all operations of the
successful bidder under the Contract, including coverage for, but not limited to Personal Injury,
Broad Form Property Damage and product Liability for a minimum limit of $100,000 per
person/$300,000 per occurrence combined Bodily Injury and Property Damage.
303.3.3.6.4 Automobile/truck Injury and Property Damage Liability Insurance covering all vehicles,
whether owned, non-owned, leased or hired with not less than $100,000 per person/$300,000 per
occurrence combined single limits.
303.3.3.6.5 Insurance companies providing the required insurance coverages for the successful
bidder must be rated in the current issue of"Best's Insurance Key Rating Guide" at "A" for the
policy holder's category and XIII for the financial category to be specifically approved by the
Owner.
303.3.3.6.6 A Certificate of Insurance, naming the St. Johns County Board of County
Commissioners as an additional insured, will be required from the successful bidder at the time of
signing of the contract. Certificates of Insurance are to be authorized in writing by an officer of the
insurance company or companies, identifying their agent and executed by the agent with a copy of
the agent's license by the insurance company attached. The Certificate must reflect the required
coverages and guarantee St. Johns County that at least a 30 day written notice of cancellation or
material change in coverages will be given to St. Johns County.
303.3.3.6.7 Parties contracting to provide the County with services shall not submit an insurance
policy requiring that the contracting party shall be responsible for any deductible, set-off, self-
insurance or other self-funded component of the coverage for any amount in excess of Twenty
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Percent (20%) of the coverage under the insurance policy. To the extent that contracting party will
suffer a significant fmancial hardship by enforcement of this provision, the County Administrator, or
designee, is authorized to accept a bond from a licensed surety acceptable to the County Risk
Manager in lieu of all or part of the deductible.
303.3.4 Contract Amendments or Change orders: If the terms of the contract must be changed or
amended after award, the Purchasing Director or Manager can approve change orders or
amendments up to $50,000.00 or twenty percent (20%) on a cumulative basis of the original
contract value- whichever is higher. Change orders or amendments exceeding $50,000.00 or a
cumulative 20% of the original contract value require additional written approval from the County
Administrator, or designee.
303.3.5 - Notwithstanding any other provision in this Manual to the contrary, the following are
mandatory issues for consideration and inclusion in all contract documents:
a. A liquidated damages provision for failure to timely deliver a completed construction project
(both as to substantial completion and final completion) shall be specified in a daily liquidated
damages amount as determined by the Purchasing Director or Manager or designee. The amount
of daily liquidated damages shall be dependent upon the size of the project and the likelihood
of substantial disruption or harm to the County for a delay in completion. The Purchasing
Director or Manager shall also consider adding a liquidated damages provision in other
contracts that involve purchase of goods and services unrelated to construction when the County
has determined that it will suffer harm or disruption for a delay in delivery or completion.
b. No provision shall be allowed that shifts the risk of loss of items purchased to the County from
the destination point of shipment. Additionally, no provision shall unreasonably limit the ability
of the County to have a reasonable period of time after delivery to inspect the goods and reject
products that are non-conforming or unacceptable. Notwithstanding, the Purchasing Director
or Manager shall have the authority to allow for a contract provision that modifies the County's
standard contract rights as expressed in this provision when there is a specific finding of good
cause to support a waiver or modification. Good cause shall include sole source, emergency need
for the product and other good cause as determined by the Purchasing Director or Manager.
This procedure for waiver shall apply to the County Administrator with respect to
purchases in which it is anticipated that the County will expend more than $50,000.00 in the
fiscal year.
c. No dispute resolution provision shall alter the County's dispute resolution format which shall
include the following requirements:
(1) All dispute resolution shall be in the court of appropriate jurisdiction in St. Johns County,
Florida, or in the case of federal court litigation, in the federal district court with venue over
St. Johns County,Florida.
(2) The law of Florida shall apply in all dispute resolution.
(3) Each party shall be responsible for his or her or its attorneys' fees.
(4) No contract provision will establish a lien or security interest in any property of the
County, including the requirement that there be no contractual security agreement or lien
purportedly created in the product that is being sold to the County.
(5) The County will not hold harmless nor indemnify any private, non-governmental party
(including a requirement that the County will not hold harmless nor indemnify any
charitable organization).
(6) The County will not waive the limits of liability as set out in Section 768.28, Florida Statutes.
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(7) No change order or amendment to any purchase or contract will be effective against the
County unless the amount of the change order is within budgetary limits
approved/set/established by the Board of County Commissioners of St. Johns County, and
approved in writing by either the County Administrator, Purchasing Director or Manager, or
designee of either the County Administrator, or Purchasing Director or Manager. The vendor
must acknowledge that to the extent required by Chapter 119, Florida Statutes, the records it
receives, generates, or maintains in connection with the contract or business dealings with the
County may be public records. With respect to business dealings with the County, the vendor
will agree to abide by the requirements of Florida Public Records Act to the fullest extent
required by law, and no contract provision will be permitted, or take effect, that purports to
modify or delete that obligation.
(8) In construction contracts and other contracts in which a vendor or contractor will purchase
equipment and other tangible property subject to sales tax, the Purchasing Director or
Manager shall include a sales tax recovery clause. To the fullest extent of the law, the
County intends to directly purchase materials so as to lawfully avoid payment of sales tax
on purchases that would otherwise be subject to sales tax if the purchase was
accomplished by a private vendor.
303.4 Usual Types of Contracts and Orders
303.4.1 One Time - This type of contract or purchase order is for a one-time buy of a set amount of
equipment, supplies and/or services and terminates upon final receipt of items or acceptance of the
completed service.
303.4.2 Sole Source - This type of contract or purchase order is to a designated vendor without
competitive bids or quotations for specific equipment, supplies or services that cannot be provided
by any other vendor due to the unique ability such as technology or availability. The department
head must determine in writing, after conducting a good faith review of available sources, that there
is only one source or a proprietary source for the required supply, service or construction item. The
department head requesting the acquisition will provide complete justification for a sole source
purchase by using the `Request for Approval Form' attached as Exhibit E. Once a sole source
acquisition is approved, the contracting process will be in accordance with the requirements of this
Manual with respect to negotiated acquisitions of goods and services.
303.4.3 Blanket Purchase Order - Blanket purchase orders shall be issued for a given period and
shall be for definite amount of funds. (See Section 302.12)
303 .4.4 Annual Contract - Awards are in effect normally for one (1) year period. Standing delivery
orders are usually placed with the vendor for a fixed amount, either: daily, weekly, or monthly, or by
contract release order.
303.4.5 Indefinite Quantity Contract - A contract where the quantity may be more or less than the
estimated quantity specified, but the general requirements, specifications and provisions are
established. Actual consumption may fall below or exceed estimated quantity. Payment is made to
the vendor based on orders,which designate the quantity and delivery.
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303.4.6 Emergency Procedure - The necessity for the immediate purchase of supplies or services
essential to protect the life, health, or safety of the public or the urgency of a situation or
construction schedule mandates the fastest possible delivery and such delivery could be jeopardized
by the time required for formal competitive bidding. During nights, weekends and holidays
department heads have authority, in cases of valid public emergency, to make commitments on
behalf of the County for goods and/or services in an amount not to exceed $25,000.00. However, the
Purchasing Department must be notified on the first workday after the event. Commitments
exceeding this amount must be pre-approved by the Purchasing Director or Manager or County
Administrator or his designee.
303.4.7 Continuing Contracts - Continuing contracts are not awarded for any specific project, but are
to provide rapid response to specific tasks of limited scope. Task orders will be issued for work
awarded and the amount for services on any single task order will not exceed any limits set forth
in the current Florida Statutes.
303.5 Commodity Contracts - This section deals with the Purchasing Department's policy to
consolidate commodity requirements, whenever possible, in the interest of effecting cost savings to
the county. Upon consolidation, the commodity will be bid to obtain the best possible price and of
the quality to satisfy department(s)requirements. The resulting contract after bid award will provide
a stable price for at least a year and will further provide a savings in the time spent by personnel in
obtaining quotes and generation of paperwork.
303.5.1 In coordination with the using departments, the Purchasing Department will consolidate
purchasing of any item or items to obtain an estimated or specific quantity bid price. The
specifications of the item(s) will be prepared by the using Department Head(s) and reviewed with
the Purchasing Department. The Purchasing Department will prepare the bid documents and
forward same for review and approval by the using Department Head(s).
303.5.2 The Purchasing Director or Manager is responsible to insure proper coordination within the
County Administrative Staff.
303.5.3 After the bid has been awarded to the successful bidder, the Purchasing Department will
prepare a "Letter of Award" or "Notice of Award" with instructions relating to providing the
necessary documents and executions of same prior to issuing a Contract Release Purchase Order or
Notice to Proceed.
303.5.4 After all the contract documents have been signed by the supplier and the Purchasing
Director or Manager, County Administrator, or his designee, the signatures may then be attested by
the Deputy Clerk.
303.5.5 Contracts will be monitored by the Purchasing Department to assure compliance by the
Vendor/Supplier of their contractual obligations.
303.5.6 Contract Amendments or Change orders - If the terms of the contract must be changed or
amended after award, the Purchasing Director or Manager can approve change orders or
amendments up to $50,000.00 or twenty percent (20%) on a cumulative basis of the original
contract value- whichever is higher. Change orders of amendments exceeding $50,000 or a
cumulative 20% of the original contract value require County Administrator or designee's
approval. Change orders and Amendments are issued through the Purchasing Department.
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303.6 Construction, Outside Services or Maintenance Contracts
303.6.1 The contract requirements under 303.3 are applicable to this entire section.
303.6.2 For small dollar, simple projects, a requisition should be prepared when a service is needed
that cannot be provided by county maintenance staff. The requisition needs to be reviewed and
approved by the Purchasing Department BEFORE the low bid or selected contractor orders material
or arrives on site to begin work. True emergencies are an exception.
303.6.3 The following are minimum requirements that generally apply to contracts and purchase
orders for, small-dollar, non-complex construction, outside services and maintenance projects. This
information must be placed on the purchase requisition. Additional procedures or information may
be obtained by calling the Purchasing Department.
303.6.3.1 The scope should be in writing and typed entirely on the purchase order or attached to the
purchase order and referenced by title, drawing number, etc. A scope that references "by verbal
instructions of..." is normally unacceptable.
303.6.3.2 Contract Schedule-"ASAP" is unacceptable. Specific time frames should be used when
possible. The time schedule can he addressed by using statements similar to the ones shown below:
Work under this contract shall begin as of and must be complete not later
than
Time frame for contract completion is a maximum of Calendar days.Contract start date is
unknown.Name at phone number, will advise.
Anticipated month for project to begin/end is Month/year. Name at phone number will coordinate
time frames with the contractor.
303.6.3.3 Method of Payment(Most common):
• Firm Price
• Time and Material
• Unit Price
303.6.3.4 Insurance:
• Comprehensive General Liability
• Automobile Insurance
303.6.4 For larger dollar value or more complex construction, outside services and maintenance
projects, a standard County contract document shall be used. Additional procedures or information
may be obtained by calling the Purchasing Department
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303.6.4.1 For projects $10,000 to $49,999.99, written quotes will be obtained. For projects
$50,000.00 and larger, sealed bids or Request for Proposals (RFP) will be used. In either case
identical or uniform specifications or scope of work will be provided to all potential bidders.
303.6.4.2 The request will come from the department to Purchasing, and at a minimum must contain the
following: a description of the project; physical address for the project location; detailed specifications or
scope of work; time frame for work to be completed in; budget amount for the project and GL or charge
code; and a list of any potential bidders or respondents that the department wishes specifically to be
notified.. The department is responsible for getting the required information to Purchasing, even if an
outside consultant or supplier has prepared the bidding documents. (See section 304 for further
information on specifications and bids.)
303.6.4.3 The department and Purchasing will determine in conjunction if a pre-bid or pre-proposal
meeting is required; and if a bid bond and/or public construction bond is to be required. (See also
Section 305.)
303.6.4.4 Upon review and approval of the bid or quotation package by Purchasing and the
department, Purchasing will prepare the advertising for transmittal to the Clerk's Office. Purchasing
is responsible for the advertising of all formal sealed bids or RFP's, even if an outside third party has
prepared the documents. (See section 302.7.)
303.6.4.5 Purchasing will be responsible for: the receipt of bids or proposals by the specified due
date and time; conducting the bid opening; preparation of the bid tabulation or summary sheet of
evaluations and posting of the bid tabulation or summary sheet.
303.6.4.6 For projects $100,000.00 and above, Purchasing will be responsible for preparing the
agenda item for submittal to the BCC for approval to award or ensuring that the agenda item is
properly prepared for submittal to the BCC for approval to award.
303.6.4.7 Purchasing will be responsible for processing contract documents, including the Public
Construction Bond and the Notice to Proceed or ensuring that contract documents have been
properly processed.
303.6.4.8 Contract Amendments or Change orders: If the terms of the contract must be changed or
amended after award, the Purchasing Director or Manager can approve change orders or
amendment up to $50,000.00 or twenty percent (20%) on a cumulative basis of the original
contract value- whichever is higher. Change orders or amendments exceeding $50,000.00 or a
cumulative 20% of the original contract value require County Administrator or designee's approval.
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St. Johns County
Administrative Code
Section: Purchasing Date Issued: June 1999
Revised: July 2013
Title: Specifications, Bids and Awards Reference:
304.1 Purpose-To establish the policies and procedures for specifications, bids and awards.
304.2 Scope - All officials, departments and employees under the control and responsibility of the
Board of County Commissioners of St. Johns County.
304.3 Purpose of Specifications - Technical specifications are designed to assist the Purchasing
Department and requisitioning department in acquiring the items or services to satisfy a requirement
and to insure that the quality and service will fulfill these requirements for which the equipment,
supplies or services are intended. Non-technical terminology deals with contract language, legal
terms,provisions, bid documents, etc.
304.4 Responsibilities for Specifications
304.4.1 The Purchasing Department is responsible for maintaining copies of all current
specifications established by the department or as developed by Purchasing.
304.4.2 Preparation of technical specifications for new equipment, supplies or services is the
responsibility of the requesting division or department in coordination with the Purchasing Director or
Manager. Non-technical specifications are the responsibility of the Purchasing Department. The
following are the exceptions:
304.4.2.1 Specifications for vehicles and rolling stock will be developed in conjunction with and
have approval by the Fleet Maintenance Manager.
304.4.2.2 Specifications for computers, printers, servers and any other information technology
equipment, components, software and peripherals will be developed in conjunction with and have
approval by the MIS Department.
304.4.3 The Purchasing Director or Manager may make recommended modifications or
alterations to the specifications to accommodate competitive bidding. The Purchasing Director or
Manager will then furnish the requesting division or department a written report of the changes
recommended and why changes are desired. Should the Purchasing Director or Manager and
requesting department fail to resolve the differences; the specifications will be referred to the
County Administrator or his designee for resolution. A copy of the specifications in final form
will be signed and dated by the department head indicating that the bid form and specifications as
prepared are satisfactory.
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304.5 Specifications Development
304.5.1 In considering and developing specifications, it must always be remembered that
expenditures are derived from public sources and are administered by public bodies which cannot be
expected to provide for unwarranted high levels of quality. Therefore, the general policy of
purchasing good standard grades of merchandise that will represent an optimum of quality, price and
provide a satisfactory level of service will be considered.
304.5.2 Bids and quotations should be based on concise but adequate specifications. Specifications
should be composed of features and designs that will satisfy the requirements of the department in
getting the job done in a manner most advantageous to the County. When specifications are
established by the specifier (department head) for equipment or material that must have those certain
specifications, the words "or equal" will be used after the specification title. Typically the use of or
request for brand name products will not be acceptable. It will be the responsibility of the bidder to
convince the specifier that a particular product is equal for the intended use of the item on a
particular requirement or project.
304.5.3 The following guidance is provided to the departments for the preparation of a
specification:
304.5.3.1 State exactly what is wanted clearly, definitely and completely. Be prepared to provide
back-up information that will substantiate your requirement for all items of your specifications.
304.5.3.2 Provide the means or basis for testing deliveries for conformance with the specifications.
Without this check,the specifications lose much of their force as a purchasing tool.
304.5.3.3 Avoid non-essential quality restrictions that add to cost and difficulty in procurement
without adding to utility and value.
304.5.3.4 Avoid specific requirements that will restrict competition.
304.5.3.5 Conform, so far as possible, to established standard commercial and industrial
specifications.
304.5.3.6 Request assistance from the Purchasing Department.
304.5.4 Once an invitation to bid (Notice to Bidders) has been advertised, no changes in the
specifications can be made, unless an addendum is issued and all known bidders are notified.
Addendums will not be issued later than 7 days prior to bid opening without the approval of the
Purchasing Director or Manager. Addendums will be posted on the Web electronically to the
DemandStar/Onvia System and if desired faxed to all known bidders. Any addendum will
instruct the bidder to acknowledge receipt of addendum
304.5.5 Once a decision has been reached on the specifications, all bids being evaluated must be
based upon these same specifications and no bidder has a right to substitute other specifications or
provide alternate items for those contained in the bid.
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304.6 Bid Development
304.6.1 Bid Invitations for purchases under $50,000.00 are posted electronically (Notice to Bidders)
on the Web/Intranet, which is the means for publicly notifying prospective vendors of the need for
equipment, materials, construction, and/or services that the County intends to order. The Purchasing
Department may notify specific prospective suppliers by mail, fax or email at the request of the user
department.
304.6.2 Formal sealed bid invitations ($50,000.00 and up) will normally be conveyed to interested
vendors by advertising the bid (Notice to Bidders) in a local newspaper or specialized publication by
legal advertisement. (see 302.7). Additionally, the advertisement will be posted electronically on the
Web. Electronic advertising may be used alone or in conjunction with the legal notice. Any other
means available may be used by the Purchasing Department to insure the widest possible distribution
of invitations to bid.
304.6.3 Legal Notice-Advertisement for Bids. An advertisement will be placed once each week for
at least two weeks prior to the bid opening date, (the first advertising must be at least 14 working
days prior to the bid opening date), in a local newspaper of general paid circulation, except for
special advertising or bids that, whenever possible, is published at least five (5) days a week in the
County announcing the bid invitation to insure all interested vendors the opportunity for submitting a
bid. The advertisement will contain a general description of the equipment, supplies, or services to
be procured, state where County bid forms and specifications may be obtained, time and date of bid
opening and other information as needed in the bid requirements. (See also 302.7)
Bid documents should not be made available to prospective bidders before the first publishing of the
legal notice. (The posting electronically of the bid advertising (Notice to Bidders) constitutes a
publishing).
304.6.4 St. Johns County Purchasing Department has contracted with DemandStar/Onvia to
maintain its vendor database and to notify vendors of upcoming bids/RFPs/RFQs via email or fax.
Vendors that wish to be on the County's bidders' list must register with DemandStar/Onvia for an
annual fee. Vendors will receive, by fax broadcast and/or email, automatic notification of bid
opportunities from St. Johns County Purchasing Department for those categories of supplies and
services that they choose to register under. Many documents will be downloadable and at no charge
for registered vendors. If vendors do not wish to register with DemandStar/Onvia, they can log on to
the St. Johns County web site at www.sjcfl.us and look for the Current Open Bids link under the
Purchasing Department. However, they will not be receiving automatic notification of bid/RFP
opportunities and there will be a nominal charge for downloadable bid documents.
304.6.5 Procedures Concerning Lobbying. Bidders, proposers, and those intending to qualify
must abide by the following requirements: A lobbying blackout period begins upon issuance or
advertisement of the bid solicitation, request for proposal, request for qualifications, and continues
until the Purchasing Director or Manager, County Administrator, or designee, or Board Chairperson
executes a contract on behalf of the County. For procurements that do not require Board approval,
the blackout period starts when the bid solicitation, Request for Proposal or Request for
Qualifications is issued and ends upon contract award. For any questions concerning a
Bid/RFP/RFQ, a bidder or proposer must contact the person listed in the Bid/RFP/RFQ as the
Contact Person or Point Person for the County. Bidders or proposers who do not abide by
these rules are subject to having their Bid or Proposal or Qualifications automatically rejected,
without further recourse, and shall be subject to debarment for periods up to 12 months.
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"Blackout" for the purposes of this policy refers to a time period during which vendors, contractors,
consultants, or their agents or representatives may not communicate or lobby in any manner with
Board members, the County Administrator, or County staff, other than the designated purchasing
agent, and to a time when Board members, the County Administrator, or County staff, other than
the designated purchasing agent, shall not communicate in any manner with vendors, contractors,
consultants, or their agents or representatives, regarding potential contracts with the Board. The
blackout period begins once an invitation to bid, request for quote, request for proposal, invitation to
negotiate, or request for qualifications has been issued.
Any such communication shall disqualify the vendor, contractor, or consultant from responding to
the subject invitation to bid, request for quote, request for proposal, invitation to negotiate, or request
for qualifications.
304.7 Disqualification (Debarment) or Suspension Of Bidders
304.7.1 The Purchasing Director or Manager shall review cases in which probable cause for
disqualification (debarment) or suspension exists. The review by the Purchasing Director or Manager
will consist of information from the affected department and from the vendor or contractor. The
County Administrator must ratify any Debarment.
304.7.2 Causes for Disqualification (Debarment) or Suspension:
304.7.2.1 Vendor defaults or fails to fully comply with the conditions, specifications, or terms of a
bid, quotation, proposal or contract with the County; or
304.7.2.2 Vendor commits any fraud or misrepresentation in connection with a bid, quotation
proposal or contract with the County; or
304.7.2.3 Vendor is charged by a court of competent jurisdiction with the 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; or
304.7.2.4 Vendor is charged by a court of competent jurisdiction with the following; 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 the responsibility as a County Government Contractor.
If charges are dismissed or the Vendor is found not guilty, the suspension shall be lifted
automatically upon written notification and proof of final court disposition provided by the Vendor
to the County; or
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304.7.2.5 Vendor becomes insolvent, has proceedings in bankruptcy instituted against it or,
compounds its debts or assigns over its estate or effects for payment thereof, or has a receiver or
trustee appointed over its property; or
304.7.2.6 Vendor commission or any act or omission to perform any act which is grounds for
disqualification; or
304.7.2.7 Vendor violates the ethical standards set forth in local, State or Federal law; or
304.7.2.8 Vendor fails to comply with the Minority Business Enterprise/Women Owned Business
Enterprise participation or Minority Business Enterprise/Women Owned Business Enterprise
requirements of an award contract; or
304.7.2.9 Any other cause the Purchasing Director or Manager determines to be so serious and
compelling as to materially and adversely affect responsibility of a Vendor as a County Government
Contractor, including but not limited to suspension by another governmental entity for legally-
sufficient cause.
304.7.3 Permanent Disqualification (Debarment) - A vendor may be permanently disqualified for
the following:
304.7.3.1 Default or failure to fully comply with the conditions, specifications, drawings, or terms
of a bid,proposal or contract with the County twice in any three year period.
304.7.3.2 Conviction by or judgment obtained in a court of competent jurisdiction for commission
of those offenses in connection with the Vendor's commercial enterprise stated previously in this
section. If the conviction or judgment is reversed through the appellate process, the disqualification
shall be removed immediately upon written notification and proof of final court disposition from the
Vendor to the County.
304.7.4 Decision - After the Purchasing Director or Manager has determined he/she has cause to
suspend or disqualify a vendor, and the action has been ratified by the County Administrator, the
Purchasing Director or Manager shall notify the Vendor in writing of the disqualification and the
period of suspension and the reasons for the action taken.
304.7.5 Public Entity Crime - Any Vendor, who has been convicted of a "Public Entity Crime" (F.S.
287.133), shall not be able to transact business with the County to the extent as specified in F.S.
287.133(3) (a).
304.7.6 Finality of Decision - The suspension or disqualification shall be final and conclusive unless
the suspended or disqualified vendor initiates protest proceedings.
304.8 Processing Of Formal Sealed Bids
304.8.1 On the time and date specified in the Notice to Bidders, the sealed bids will be opened by
the Purchasing Department, in the location as stated in the advertisement for bids. A tabulation of the
bids will be prepared and approved by the Purchasing Director or Manager and results will be made
available by posting on the Bulletin Board in the Purchasing Department and electronically on the
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Web for review by individuals interested in the results.
304.8.2 The Purchasing Department at time of bid opening will insure bids have been properly
signed by a person authorized to sign such documents for the bidder. Unsigned bids may be rejected.
Additionally, if a bid bond or security has been required and the bidder does not submit the proper
bid security with the bid, the bid may be considered non-responsive and will not be considered. In
evaluation of any bid submitted, the Purchasing Department shall be authorized to identify any bid
which is considerably dissimilar or inconsistent with the other bids submitted (and without a logical
and reasonably-acceptable explanation from the bidder for the deviation or inconsistency) as an
outlier bid. Outlier bids shall be treated as non-responsive bids for the purpose of this Purchasing
Manual.
304.8.3 Copies of the bids will be transmitted to the applicable department. The bids will be
reviewed and evaluated by the applicable department head and his technical assistants. The
Department Head recommendations for bid award will be submitted to the Purchasing Director or
Manager in writing.
After evaluation of all the bids are completed, a recommendation will be prepared by the Purchasing
Director or Manager for presentation to the Board, based on the Department Head's
recommendations for bid award. During evaluation, the lowest responsible bidder shall be accepted,
however, the availability of service and equipment and previous performance are to be considered in
such determination. The Purchasing Director or Manager may make his recommendations if it is
necessary to substantiate or contradict the recommendations submitted by the Department Head.
304.8.4 if the Purchasing Director or Manager and Department head are unable to determine the
lowest and best bid, or there is some controversy concerning the bid, either party may submit the
bids to the County Administrator or designee to select and recommend the lowest and best bid to the
Board.
304.8.5 After a bid has been opened, a bidder will not be permitted to withdraw or alter their bid, or
withdraw any bid deposit or security which may have been requested with their bid. If, however,
circumstances warrant, the apparent lowest and best bidder may notify the Purchasing Director or
Manager when an error has been made in their bid. Predicated upon the circumstances,the Purchasing
Director or Manager may allow the bidder to withdraw their bid or the Purchasing Director or
Manager will present the matter, with recommendations,to the County Administrator.
The matter may be presented to the Board of County Commissioners for final approval. If
withdrawal is approved,the next lowest and best bid may be accepted.
304.8.6 In the event two (2) or more vendors have submitted the lowest and best bids, preference
may be given in the award of the bid in the following order:
304.8.6.1 Preference will be given to vendors with drug-free workplace programs. (F.S. 287.087).
304.8.6.2 First available delivery date, earliest commencement date or shortest completion time.
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304.8.6.3 Preference will be given to vendors whose place of business are within the boundaries of
St. Johns County;to vendors from adjacent counties; or the bids shall be awarded by lot.
304.8.7 After approval of the bid award by the Purchasing Director or Manager or the Board of
County Commissioners (predicated upon dollar amount), the Purchasing Department will notify
the successful bidder. The normal means of notification is by Notice of Award, or by purchase order.
However, when the bid is awarded near the expiration date of the bidder's allowable time for
withdrawal of Bids, as stated in the advertisement for Bids, the Purchasing Department will notify
the successful bidder of the award by the most expeditious and practical means available and follow
up with a Notice of Award or purchase order noting therein that the bidder was advised previously of
his bid award. When necessary, the Notice of Award or purchase order may be sent via Certified
Mail.
304.8.8 The date upon which the Board of County Commissioners approves the award shall
constitute the date of acceptance of the bid proposal, regardless of the date of notification of bid
award to the successful bidder. Board approval constitutes authority for the Purchasing Department
to issue a Purchase Order or Contract. For procurements under the threshold of Board approval, the
date of the Notice of Award shall constitute the date of acceptance.
304.9 Evaluation Of Deviations and Methods Of Award
304.9.1 Only bids from responsive bidders are to be considered. A responsive bidder is one who has
submitted a bid, which conforms in all material respects to the bid specifications and requirements in
the official County Bid Proposal Form.
304.9.2 Deviations in bids may be either material or immaterial and minor in nature and may be
waived, dependent on the change in context created by deviation.
304.9.3 Material deviations may not be waived in order to make an award. Material deviations are
those that go to the substance of the bid. This deviation affects the price, quality, characteristics of
the item or delivery of the materials or services offered, and is detrimental to the rights of other
bidders. Illustrative examples include:
304.9.3.1 Minimum specifications are not met, as with required horsepower for an engine in a truck.
304.9.3.2 Type of item asked for is not being furnished, as with the type of pump needed in a water
plant.
304.9.3.3 Where price is not filled in or is subject to change at a future time during the contract
period.
304.9.3.4 When specific requirements in the bid documents are not reflected in the bidders proposal.
304.9.3.5 Outlier bids as defined in this Manual.
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304.9.4 Immaterial or minor deviations that will not alter a bidder's position with respect to receiving
the award may be waived. These deviations may be clarified with the bidder or bidders if required
to allow the County to understand the bid. Illustrative examples included:
304.9.4.1 Failure to provide a certificate of affidavit with the bid.
304.9.4.2 Failure to submit required proof of financial responsibility with the bid.
304.9.4.3 Failure to submit requested brochures or catalogs with the bid.
304.9.5 An award will be made to the lowest responsible and responsive bidder whose bid meets the
requirements and criteria set forth in the bid documents. A cost analysis or a price analysis, as
appropriate, shall be conducted by the County prior to the awarding of bids.
304.9.6 Bids may not be withdrawn for the time period as specified in the 'Notice to Bidders" in the
specifications.
304.10 Bid Protest Procedure - The following procedure shall be used in situations involving bids.
304.10.1 - The Purchasing Director or Manager, or designee, shall provide notice of a decision or
proposed decision concerning a solicitation, bid, evaluation committee ranking, contract award or
exceptional purchase by posting on the Purchasing Department bulletin board, as well as, electronic
posting in addition to any other means of acceptable notice. The notice shall contain the following
statement: "Failure to file a Notice of Protest within the time prescribed in Section 304.10 of the
St. Johns County Purchasing Manual (the Bid Protest Procedure), or failure to post the bond or other
security required by the County within the time allowed for filing a bond, shall constitute a waiver
of proceedings and a waiver of the right to protest."
304.10.1.1 - Any person (including any bidder or proposer) who is, or claims to be, adversely
affected by the County's decision or proposed decision shall file a written Notice of Protest with the
Purchasing Department of St. Johns County within 72 hours after the posting of the notice of
decision or proposed decision.
304.10.1.2—In situations concerning a protest of the terms, conditions, or specifications contained in
a solicitation, including any provision governing the method for ranking bids, or replies, awarding
contracts, reserving rights of further negotiation, or modifying or amending any contract, the written
Notice of Protest shall be filed within 72 hours after the posting of the matter being protested.
Saturdays and Sundays and County holidays shall be excluded in the computation of the 72-hour
time period provided in this Section.
304.10.1.3 - Failure to file the written Notice of Protest within 72 hours as required by this Section
shall constitute a complete waiver of the right to file a protest of the decision, proposed decision, or
the terms, conditions, and specifications contained in a solicitation. The requirement of timely filing
of a written Notice of Protest may not be modified or waived by any County employee.
304.10.2- A formal written protest shall be filed within five business days after the date upon which
the Notice of Protest is filed. (The use of the phrase `business days' means that Saturdays, Sundays,
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and County holidays are excluded in the computation of the five business day period provided in
this Section). No changes or amendments to the formal written protest will be allowed after the
expiration of the five business day deadline.
304.10.3 The formal written protest shall contain the following:
304.10.3.1 St. Johns County bid number and description as advertised.
304.10.3.2 Name and address of company or person filing the protest.
304.10.3.3 Name and title of person submitting the protest. If someone other than the bidder is
submitting the protest, written authorization from the bidder authorizing that person to act on the
bidder's behalf must also be submitted.
304.10.3.4 A statement of disputed material facts. If there are no disputed material facts, the written
formal protest must so state.
304.10.3.5 A precise statement of the facts, rules, regulations, statutes, and constitutional provisions
entitling the affected party to relief.
304.10.3.6 A statement indicating the relief requested.
304.10.3.7 Bid Protest Bond: Any person who files an action protesting a procurement matter shall,
at the time of filing the formal written protest, deposit with the County, either cash, or a bond,
satisfactory, in form and content, to the County, and payable to St. Johns County, in an amount equal
to 5% of the County's estimate of the total contract value, or $2,000.00 whichever is greater.
However, in no case will the bid protest bond exceed $100,000.00. The bond shall be conditioned
upon the payment of all costs which may be adjudged against the protester in the quasi-judicial
administrative hearing and in any subsequent judicial review proceeding. If the deposit is in cash it
may also be payable by money order or cashier's check. If, after completion of the protest and any
court or appellate court proceeding, the County prevails, the County shall recover all cost and other
amounts recoverable which may be included in the final order or judgment. The recoverable costs
shall include fees charged by the hearing officer, and will include attorney's fees. Upon payment of
such costs and charges by the protester, the bond, cashier's check or money order shall be returned to
the protester. If the protester prevails, then the bond shall be returned in its entirety.
304.10.3.8 Any other information, and/or documentation that is material to the protest.
304.10.4 Upon receipt of a timely formal written protest, the County shall stop the solicitation or
contract award process until the protest is resolved by final County action, unless the County
Administrator, or designee, sets forth in writing particular facts and circumstances which require the
continuance of the solicitation or contract award process without delay in order to avoid an
immediate and serious danger to the public health, safety or welfare.
304.10.4.1 Upon receipt of a formal written protest, the Purchasing Director or Manager will
determine whether the protest involves disputed issues of material fact. If the protest involves
disputed issues of material fact and cannot be resolved by agreement as provided in Section
304.10.4.2, then the protest shall be submitted by the Purchasing Director or Manager to the County
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Administrator. The Purchasing Director or Manager shall confer with the County Attorney, or County
Attorney designee, Department Head, or any other individual or resource should there be any
question whether the protest does, or does not, involve disputed issues of material fact. If the
protest does not involve disputed issues of material fact, then the Purchasing Director or Manager
will make a recommendation of whether to accept or reject the protest to the County Administrator,
in accordance with the procedures set out in Section 304.10.4.3 of this Purchasing Manual.
304.10.4.2 If the Purchasing Director or Manager determines that there is a rational basis for the
protest, then the Purchasing Director or Manager shall provide an opportunity to resolve the protest
by mutual agreement between the parties within 30 calendar days after receipt of a formal written
protest. The Purchasing Director or Manager shall solicit and receive the cooperation of the legal
and requesting department (user department) in the negotiations and will attempt to resolve the
protest. If the Purchasing Director or Manager determines that there is no rational basis for the protest,
then the Purchasing Director or Manager shall, within 30 calendar days of the formal written protest,
notify the protesting party of the Purchasing Director or Manager's determination of no merit in
writing.
304.10.4.3 If the protest is not resolved by mutual agreement within 30 calendar days after receipt
of the formal written protest, and if there is no disputed issue of material fact as determined by the
Purchasing Director or Manager, then the Purchasing Director or Manager shall recommend a
disposition of the protest to the County Administrator. The protester and any other bidder/proposer
shall be allowed an opportunity to submit a written response to the Purchasing Director or Manager's
recommended disposition. A copy of the Purchasing Director or Manager's recommendation to the
County Administrator shall be provided to the protester and to any other bidder who requests a
copy at the protester or bidder's last known address, and they shall have five business days thereafter to
provide their written responses to the Purchasing Director or Manager's written recommendation to the
County Administrator. An appeal of the Purchasing Director or Manager's decision elevates the
matter to the County Administrator.
304.10.4.4 The County Administrator shall render a decision within 30 calendar days after his/her
receipt of the protester's response to the Purchasing Director or Manager's recommendation. The
County Administrator may determine that disputed facts are presented or,the County Administrator
may accept or reject the protest. If the protest is rejected, then the County Administrator will include
that ruling on an agenda of the Board of County Commissioners. The approval of the County
Administrator's rejection of the protest will constitute final quasi-judicial action of the County
entitling the protester to judicial review as provided by law. If the County Administrator accepts the
protest, then the matter will be remanded to the Purchasing Director or Manager for further action
consistent with the decision of the County Administrator. The Board is not required to approve
rejection of a protest.
304.10.5 Any appeal of the Purchasing Director or Manager's decision will be submitted to the
County Administrator for review. The County Administrator may, after a review of the facts,
render a decision within 30 calendar days, or submit the facts for Office of County Attorney, or
Board of County Commissioners review.
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304.10.5.1 Hearing Officer - At the County's option a hearing officer may be appointed to hear the
protest. The County Administrator shall confer with the County Attorney and select a hearing
officer. The hearing officer may be a department head not involved in the procurement (i.e. a
disinterested and neutral County employee), an attorney employed or volunteering for this purpose
who is not employed by the County, or a person not regularly employed as an in-house County
employee,who by virtue of training or experience is reasonably qualified for the position.
304.10.5.2 The hearing will be conducted and a recommended order issued by the hearing officer
within 30 calendar days following the Purchasing Director or Manager's determination that the protest
involves disputed issues of material fact, or within 30 days following, the County
Administrator's determination that the protest involves disputed issues of material fact.
304.10.5.3 The hearing officer shall conduct the protest hearing in an informal manner. The Florida
Rules of Civil Procedure and Florida Rules of Evidence will not be strictly or mandatorily applied.
However, the proceedings shall be quasi-judicial in nature and fundamentally fair. The parties shall
be afforded a reasonable opportunity to present their relevant and non-cumulative evidence, (which
shall include testimony of witnesses and documentary or other tangible evidence submitted in the
discretion of the presenting party). Witnesses shall be sworn and testimony and evidence shall be
received under oath. For this purpose, the County Administrator shall insure that a person qualified
to administer oaths in Florida is present at the protest hearing. The parties shall have the right to
record the proceedings, including the right to provide a court reporter at their own expense.
304.10.5.4 The hearing officer shall submit a written recommended order to the County
Administrator within 30 calendar days after the hearing. The recommended order will recommend
that the County either accept or reject the protest, and shall contain findings of fact and reasons why
the hearing officer made the recommendation either for acceptance or rejection of the protest. If the
protest involves more than one issue, the hearing officer may recommend acceptance of one or more
of the issues presented and rejection of one or more of the issues presented for consideration. The
County Administrator will agenda for the next available agenda the recommended order of the
hearing officer for a final decision by the Board of County Commissioners.
304.10.5.5 The hearing officer and the Board of County Commissioners shall be bound by the
following standards and procedures (in addition to the standards and procedures provided elsewhere
in this Manual):
a. In a protest to an invitation to bid or request for proposals or qualifications, no submissions made
after the bid or proposal opening which amend or supplement the bid or proposal shall be
considered.
b. In a protest to an invitation to negotiate procurement, no submissions which amend or
supplement the reply and are made after the County announces its intent to award a contract,
reject all replies, or withdraw the solicitation, shall be considered.
c. The burden of proof shall rest with the party protesting the proposed County action. The
protester and any intervening substantially affected party may be represented by counsel. The
County Administrator or designee will represent the County during the protest and may be
represented by a member of the Office of County Attorney.
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d. The standard of proof during the protest hearing shall be whether the intended action is illegal,
arbitrary, dishonest or fraudulent. The hearing officer shall be limited to a review of the appeal,
the responses, and any relevant protest materials.
304.10.5.6 The Board of County Commissioners will consider the recommended order of the
hearing officer on each protest. A majority vote of a quorum present is sufficient to act upon the
recommended order. Additionally, a majority vote of quorum present will be sufficient to reject the
administrative order if, after receiving advice from the County Attorney, the Board of County
Commissioners concludes that the hearing officer made a material finding of fact that was not
supported by competent substantial evidence, or if the hearing officer committed a material violation
of the procedure (such as, for example, failing to follow the required standard of proof set forth in
this Manual), or applied an erroneous principle of law that had a material effect on the outcome of
the proceeding or for any other reason.
304.10.6 The decision of the Board of County Commissioners shall be final quasi-judicial action
entitling the protester or other intervening substantially affected party to judicial review in the
manner provided by law. (Providing for judicial review by certiorari of a bid protest from quasi-
judicial action from a governmental authority not subject to Chapter 120). See also 9.030(c), 9.100
and 9.190(b)(3),Florida Rules of Appellate Procedure.
304.10.7 Nothing in this Purchasing Manual is intended to affect the power of the Board of County
Commissioners to settle actions pending before the courts, and all power to settle legal proceedings
is reserved to the County.
304.11 Protest Procedure specific to an Invitation to Negotiate, a Request for Proposals, or Request
for Quotations.
The procedure for protesting proposed action by the Board of County Commissioners regarding an
Invitation to Negotiate, a Request for Proposals, or Requests for Quotations shall be the same as
above,but with the following additional conditions:
304.11.1 In attempting to resolve a protest, the Purchasing Director or Manager may, at his/her
discretion, confer privately and individually with a member, or members, of the Evaluation
Committee, or reconvene the Evaluation Committee for consideration of the protest, including
material issues, the collective evaluation and ranking of the committee as a whole, or
consideration of individual member rankings. Except in unusual circumstances, new facts and
evidence cannot be presented that was not presented in the original submittal. The Evaluation
Committee meeting will be a public meeting conducted in accordance with any applicable federal
and/or state Sunshine Law.
The Purchasing Director or Manager may, in his/her sole discretion remove from consideration a
score, or scores, when such score(s) is deemed unreliable, inaccurate, or so far removed from the
range of evaluators as to be deemed unreliable, provided that a minimum of three evaluators' scores
are considered in the final ranking.
304.12 Required Statement on Requests for Proposals and Requests for Qualifications.
All invitations, bid solicitations, requests for proposals and requests for qualifications shall contain
the following statement: `Any bidder, proposer or person substantially and adversely affected by an
intended decision or by any term, condition nrnrarliire or specification with respect to any bid,
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invitation, solicitation of proposals or requests for qualifications, shall file with the Purchasing
Department for St. Johns County, a written notice of intent to protest no later than 72 hours
(excluding Saturdays, Sundays and legal holidays for employees of St. Johns County) after the
posting either electronically or by other means of the notice of intended action, notice of intended
award, bid tabulation, publication by posting electronically or by other means of a procedure,
specification, term or condition which the person intends to protest, or the right to protest such
matter shall be waived. The protest procedures may be obtained from the Purchasing Department
and are included in the County's Purchasing Manual. All of the terms and conditions of the County's
Purchasing Manual are incorporated by reference and are fully binding.'
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St. Johns County
Administrative Code
Section: Purchasing Date Issued: June 1999
Revised: July 2013
Title: Bonds and Deposits Reference:
305.1 Purpose - To establish procedure for Bonds and Deposits.
305.2 Scope - All officials, departments and employees under the control and responsibility of the
Board of County Commissioners of St. Johns County.
305.3 Policy — In accordance with F.S. 255.05(1)(d), Bid Bonds and Public Construction bonds
may be waived by the Purchasing Director or Manager or County Administrator on projects being
bid whose dollar value is estimated to be $200,000 or less. Waiver of a bond may occur only if
the project is of a non-critical nature and the contractor/vendor is known to be reliable.
305.4 Types of Bonds and Deposits
305.4.1 Public Construction Bond (Performance & Payment Bond) - This type of bond is required
when entering into formal contracts for new construction, repairs, or renovation on public buildings
and/or other public works in excess of$100,000, in accordance with F.S. 255.05. (Exhibit B) The
requirement for this bond will be part of the bid requirements or advertisement for "Notice to
Bidders" and a sample form for the Public Construction Bond will be included with the bid package.
This bond will be provided by the contractor awarded the bid for 100 percent of the bid amount prior
to commencing the work.
305.4.2 Surety authorizing the Bid Bonds and Public Construction Bonds must be authorized to do
business in the State of Florida. This statement must be in all bid advertisements for bids requiring
these bonds. (F.S. 255.055(1)(a)
305.4.3 Letter of Credit - An irrevocable Letter of Credit may be accepted by the County in lieu of a
public construction bond under conditions that the bidders provide a financial statement prior to
authorization to accept the irrevocable Letter of Credit. (F.S. 255.05(7))
305.4.4 Bid Bond - Guaranty Of Good Faith Deposit - At the discretion of the Purchasing Director
or Manager and in the interest of the County, bidders may be required to submit with their bid or
proposal a guaranty of good faith deposit in the amount normally of 5% of the bid price. When
required, the advertisement for "Notice to Bidders" will include in the text of the notice that a 5%
Bid Bond will be required in the amount of the bid when submitting a bid proposal.
305.4.5 Deposits - In lieu of a bid bond, the Purchasing Director or Manager may, at his discretion,
authorize a contractor to submit a certified check, cashier's check, or treasurer's check, on any
national or state bank. Such deposits shall be in the same percentage amounts as the bond (5%). The
bid bond or bid security must be submitted with the bidder's bid proposal.
305.5 Processing Bonds and Deposits
305.5.1 The contractor shall be responsible for securing the necessary bond(s). Any cost may be
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included in the bid or contract price.
305.5.2 Surety bonds furnished shall be in the standard format, which has been approved by the
County Attorney. All surety bonds accepted shall be forwarded to the Clerk to be filed in the official
contract records of the Board of County Commissioners.
305.5.3 In the event a contractor fails to provide an acceptable bond when required, within ten (10)
days after notification, the County Attorney will be notified. Upon the recommendation of the
County Attorney, the County Administrator or Purchasing Director or Manager may declare the
Contract null and void and retain in the account of St. Johns County any good faith deposits or
guaranty which may have been submitted as liquidated damages.
305.5.4 Such deposits shall be retained by the Clerk until the County Administrator is satisfied that
all provisions of the contract have been complied with and an award is made, Cash bid security
deposits will not be accepted. Upon award of Bid, the Clerk's Office shall be responsible for
returning the Bid Bonds and other bid security to the unsuccessful bidders within fifteen (15)
working days. (F.S. 255.05.)
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St. Johns County
Administrative Code
Section: Purchasing Date Issued: June 1999
Revised: July 2013
Title: Negotiated Purchases Reference:
306.1 Purpose- To establish policy and procedure for negotiated purchases.
306.2 Scope - All officials, departments and employees under the control and responsibility of the
Board of County Commissioners of St. Johns County.
306.3 Competitive Bidding Exceptions
306.3.1 An exception to competitive sealed bidding is established because of the difficulty of
requiring competitive bidding for certain services. These include the following services:
306.3.1.1 Architects, Engineers, and Land Surveyors. The acquisition of these services costing over
$35,000.00 is covered under the Consultant's Competitive Negotiation Act (CCNA) (F.S. 2 87.055).
This threshold amount may be automatically increased annually to comply with the procedure in F.S.
287.017.
306.3.1.2 CCNA procedures (FS 287.055) are used for the acquisition of professional services
including a design build firm, for work on a `project,' design or construction, when such professional
services are expressly within the scope of Section 287.055, Florida Statutes. For the acquisition of
such services, the procedures for purchasing are set out in Chapter 307 of this Manual and Section
287.055, Florida Statutes. For all other purchases by means of a request for proposals of
commodities, equipment and services that are not expressly subject to Section 287.055, Florida
Statutes,the procedure is set out in Section 306.4.6 of this Manual.
306.3.1.3 Competitive sealed proposals for certain purchases (sometimes referred to as Request for
Proposals or Qualifications) as authorized in Section 302.6.5.6, shall be in accordance with the
procedures in Chapter 306 of this Manual when, in the discretion of the Purchasing Director or
Manager or County Administrator, within their respective limits of purchasing authority in Section
302.6.5.6, it is difficult or inappropriate to define the scope of the work required, sufficient to
request bids, when the service or purpose of the acquisition may be satisfied in several different
ways, when the qualifications and quality of service are considered primary factors instead of
price, or when responses contain varying levels of service which may require subsequent
negotiations to prescribe the required specificity. If one or more of these conditions are presented,
and the County determines it is advantageous to acquire such goods or services pursuant to a
competitive Request for Proposals or Request for Qualifications process as opposed to a Request
for Bids, then the procedures in Chapter 306(at Sections 306.4, et seq.) shall be employed.
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306.3.2 When competitive sealed bids have been received and the resultant bid prices either, exceed
available funds, exceed cost estimates, or are not firm prices.
306.3.2.1 Generally, when competitive sealed bidding has been utilized, this method will be utilized
in any re-bidding. However, in the above instances, and where extenuating circumstances exist, the
Purchasing Director or Manager may seek the approval of the County Administrator to conduct
negotiations with all interested vendors after the original bids have been formally rejected or seek
approval for the use of competitive sealed proposals as discussed in Section 302.
306.3.2.2 Negotiations are to be conducted by, or in conjunction with the Purchasing Director or
Manager, who will then bring his recommendation to the County Administrator for approval if the
amount exceeds the Purchasing Director or Managers approval level.
306.3.2.3 While competitive sealed bidding is the required method of acquiring equipment,
supplies, or services costing more than the bid limit, a need is recognized to establish another
method for those circumstances when this process would not achieve suitable results. (F.S. 255.05.)
306.3.3 When the specifications or scope of work cannot be detailed sufficiently to permit award
on low price alone.
306.4 Competitive Sealed Proposals - The County may contract as a result of negotiation when
there has been made a written determination approved by the Purchasing Director or Manager or
County Administrator. Competitive sealed proposals -Request for Proposals (RFP's) and Request
for Qualifications (RFQ's)-may be used when:
306.4.1 Specifications that cannot be made sufficiently specific to permit award on the basis of the
lowest bid price.
306.4.2 Competitive Sealed bidding is inappropriate due to: limited sources of supply, a fixed-price
contract is not applicable, or time and place of performance cannot be determined in advance.
306.4.3 Factors other than price must be used to determine what is in the best interest of the County.
Since these factors would create the need for subjective judgments, there may be a need for
discussion with the offerors after proposals are opened.
306.4.4 When a minimum specification cannot be met exactly by any prospective bidder, in this
instance the best interest of the County would be served only by accepting proposals with which
subjective judgments must be made to determine what will best serve the County's needs.
306.4.5 When competitive sealed bids have been received and the results are unacceptable to the
County because of cost.
306.4.6 For any other reason allowed in Section 306.3.1.3, not otherwise specifically mentioned in
Sections 306.4.1 through 306.4.5.
306.4.6 Procedure for Seeking Competitive Sealed Proposals
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306.4.6.1 All requests to use the competitive sealed proposal method must be approved by the
Purchasing Director or Manager, or County Administrator prior to use. At this time the requesting
department will provide a listing of the proposed specifications and criteria to be used in the
evaluation of the proposals and completely justify why this method of purchasing is needed.
306.4.6.2 A "Request Forroposals" will be utilized with the same requirements as the "Notice to
Bids". (F.S. 287.012(22)) (See sections 302.6, 302.7 and 304.6)
306.4.6.3 Criteria and factors to be used in the evaluation of RFPs and RFQs shall be submitted by
the requesting department and approved by the Purchasing Director or Manager. As approved by the
Purchasing Director or Manager, the RFP/RFQ evaluation criteria and factors shall be included as
specifications in the RFP/RFQ documents that are mailed and made available to prospective
vendors. For RFPs and RFQs for professional services that are required to be acquired pursuant to the
provisions of Section 287.055, Florida Statutes (the Consultant's Competitive Negotiations Act),
criteria are standardized and approved by the BCC (see Exhibits `B' and `C' to the Manual). When
Exhibits `B' and `C' are required, any deviation shall be approved in advance by the Purchasing
Director or Manager or County Administrator, and if there is a waiver, all other requirements
in Chapter 307 will apply notwithstanding such waiver. For acquisitions pursuant to RFP or RFQ
that are pursuant to this Chapter 306, the fonn and criteria set out in Exhibits `B' and `C' are
advisory in nature and not mandatory.
306.4.6.3.1 This Section guides the requesting department in developing a list of proposed
specifications and criteria to be used in the evaluation of proposals. The following factors may be
included:
a. Specify the level of financial capability, financial stability, material, equipment, facilities,
personnel, resources, experience, knowledge and expertise, or demonstrated ability to obtain any
of these,necessary to meet the contractual requirements.
b. Whether the proposer has a satisfactory record of performance on similar projects.
c. The proposer shall supply information that is fully responsive to the RFP or RFQ, including, but
not limited to, provision of any required licenses, permits, insurance, price sheets and
organizational papers.
d. Specify the level of work experience especially as it relates to proposed Scope of Services noted
in Bid/RFP/RFQ.
e. Indicate whether bidder/proposer has ever had a contract/agreement/business relationship
terminated/cancelled/suspended, and if so, what were the reasons, and what was the ultimate
outcome?
f. Indicate whether bidder/proposer has ever filed a Bid/RFP/RFQ protest, and if so, what
were the reasons, and what was the ultimate outcome?
g. Indicate whether bidder/proposer has ever filed an administrative or judicial action with any
State agency or State court, and if so, what were the grounds/reasons, and what was the
ultimate outcome?
306.4.6.3.2 A Request for Proposal shall state the relative importance of price and the other
evaluation factors listed in the specifications. The relative importance of the factors for evaluating
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proposals shall be quantifiable and objective such that proposers are afforded fair and equal
treatment in the evaluation and procurement process.
306.4.6.3.3 Each bidder/proposer is under continuing obligation, until a notification of award has
been issued by the County, to disclose any changed circumstances that would have impact on
bidder/proposer's ability to perform or provide the items noted in the proposed Scope of Services.
"Changed circumstances" includes, but is not limited to, changes concerning insurance, status of the
bidder/proposer or the legal entity of the bidder/proposer, financial ability or stability, loss or
departure of key personnel, or commencement of an adverse administrative or legal/judicial action of
any sort or kind. The Purchasing Director or Manager shall be authorized to identify any proposal
which is considerably dissimilar or inconsistent with the other proposals submitted(and without a logical
and reasonably-acceptable explanation from the proposer for the deviation or inconsistency) as an
outlier proposal. Outlier proposals shall be treated as non-responsive for the purpose of this
Purchasing Manual.
306.4.6.4 An Evaluation Team will be established in accordance with this Section. The head of the
requesting department will recommend to the Purchasing Director or Manager the members of the
Evaluation Team, and Purchasing shall announce the Team following receipt of this
recommendation. Ordinarily,the Team should consist of the following persons:
a. A designee of the head of the requesting department;
b. An individual with responsibility for administering the contract at issue, or involved in using,on
behalf of the County,the products or services under consideration;
c. The Purchasing Director or Manager may designate a Team Leader when appropriate. This
individual will serve as leader of the Evaluation Team. In order to avoid conflicts of interest, the
Purchasing Director or Manager shall be a member of the Evaluation Team. It is expressly noted
that in those instances where the County requires the knowledge of a County non-employee for
purposes of evaluating bids/proposals/qualifications, the Purchasing Director or Manager may
select a County non-employee for such purposes, provided that the County non-employee is
fully informed that all work and evaluation performed on behalf of the County is subject to all
applicable Florida laws, including the Florida Public Records law. It also noted, that unless
waived by the Purchasing Director or Manager for good, and sufficient written cause, the
Evaluation Team cannot be comprised of more than 25%County non-employees.
d. If the purchase at issue is estimated to exceed $500,000.00 per fiscal year,then the director or
head of the requesting department shall approve the purchase amount.
e. If the purchase is estimated to be in excess of$1M per fiscal year,then the County Administrator
or designee shall approve the purchase amount.
306.4.6.5 The evaluation team will usually be given 2-3 weeks to independently review the
proposals prior to attending the publicly advertised Evaluation Review Meeting, which is typically
held in the Purchasing Department. (See Exhibit N)
306.4.6.5.1 The evaluation review meeting is a publicly advertised (annually or semi-annually)
standing meeting. Any deviation from the standing day and time must be advertised in a newspaper
of general paid circulation -which is published at least five (5) days a week in the County-at least 7
days prior to the meeting day and time.
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306.4.6.5.2 The Evaluation Team shall meet no later than two to three weeks after the date on which
the responses to RFPs and RFQs are opened. This deadline for the meeting may be extended by the
Purchasing Director or Manager for good cause shown. The Purchasing Director or Manager or
designee is responsible to convene the meeting of the Evaluation Team.
306.4.6.5.3 An evaluation process will be used by the Team in assessing and ranking proposals for
all competitive negotiations. Unless waived by the Purchasing Director or Manager or designee,
selection criteria and the corresponding point score or rating assigned to each, criterion, and any
minimum score required for proposals to be considered acceptable, should be provided in
the RFP/RFQ specifications. The evaluation criteria will reflect generic or project-specific
indicators as determined to be appropriate by the Purchasing Director or Manager or designee.
Proposal evaluation criteria and the evaluation scoring system will be used objectively and
consistently in assessing each proposal received. No member of the Evaluation Team shall have
contact with any bidder or proposer, or representative, in any capacity, of any bidder or proposer,
unless approved in advance, in writing by the Purchasing Director or Manager. The Purchasing
Director or Manager shall provide instruction and/or training as appropriate and/or necessary.
306.4.6.5.4 The Evaluation Team process will follow these procedures:
a. Each member of the Evaluation Team will be provided a copy of each proposal received along
with the corresponding RFP or RFQ specifications. The team members then assess and individually
score/rate each proposal using the evaluation criteria or maximum point rating system established in
the specifications. In the discretion of the Purchasing Director or Manager or Evaluation Team
Leader, this scoring/rating process shall occur before the meeting of the Evaluation Team. This
initial rating/scoring occurs without consultation by or among the Team members, and is an
individual activity.
b. After each team member prepares his or her assessment and rates each proposal using the
evaluation criteria in the RFP/RFQ specifications, the Evaluation Team then meets to aggregate the
ratings/scores. There may be a discussion of the reasons why the ratings differ among the team
members (if there is a difference), with particular attention given to any proposals for which the
scores vary widely on the same criterion. The Evaluation Team members then confer among
themselves and arrive at final ratings and thus a ranking of all proposals. Unless prohibited by the
evaluation criteria in the specifications, through a process of discussion and persuasion (which may
include interim votes as allowed by the Team leader), Team members may modify their previous
ratings) to reach consensus or a majority. At any point following the discussion, the Team leader
may call for the final rating to be determined by adding the scores assigned by each Team member.
c. If at least one proposal achieves the minimum rating required, the Evaluation Team shall debate
the quality and other relevant considerations of each proposal that meets the minimum rating.
d. Each member of the Evaluation Team will sign a memorandum in which the results of the
evaluation are certified and the rankings are stated. The memorandum shall be retained as part of the
procurement file.
306.4.6.5.5 The meeting of each Evaluation Team is a public meeting subject to Florida's Sunshine
Law. Reasonable notice of the date, time, and place of the meeting must be given, and the meeting
must be held in a place accessible to the public. Minutes of the meeting shall be taken and
maintained in the procurement file. Committee members shall return the evaluation forms and other
material considered in the evaluation for the procurement file.
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306.4.6.5.6 The Evaluation Team shall rank the proposers and conduct interviews, if any, of the
top ranked vendors submitting proposals in accordance with the specifications for the
RFP/RFQ. Following any interviews,the Evaluation Team shall compile the final rankings of the top
ranked proposers based upon the total scoring, which will at that time include a score for the
interview. Presentations and interviews will comply with and are subject to the Sunshine Law. In
conformance with F.S. Section 286.0113, if a vendor is required to make an oral presentation as part
of a competitive solicitation, or at which a vendor answers questions as part of a competitive
solicitation, such a solicitation is exempt from public or open meetings and accordingly must be
conducted in a closed meeting that also excludes other vendors. A complete recording shall be made
of any portion of such an exempt(closed) meeting. The recording, and any records presented at, the
exempt (closed) meeting are exempt from public disclosure until such time as the County provides
notice of an intended decision or until 30 days after opening the bids, proposals, or final replies,
whichever occurs earlier. If the County rejects all bids, proposals, or replies and concurrently
provides notice of its intent to reissue a competitive solicitation, the recording and any records
presented at the exempt meeting remain exempt until such time as the County provides notice of an
intended decision concerning the reissued competitive solicitation or until the County withdraws the
reissued competitive solicitation, but in no case will they be exempt for longer than 12 months after
the initial County notice rejecting all bids, proposals, or replies.
306.4.6.5.7 Sealed bids, proposals, or replies received by the County pursuant to a competitive
solicitation are exempt from public disclosure until the time the County provides notice of an
intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is
earlier. If the County rejects all bids, proposals, or replies submitted in response to a competitive
solicitation and the County concurrently provides notice of its intent to reissue the competitive
solicitation, the rejected bids, proposals or replies remain exempt from public disclosure until the
time the County provides notice of an intended decision concerning the reissued competitive
solicitation or until the County withdraws the reissued competitive solicitation, but in no case will
they be exempt for longer than 12 months after the initial County notice rejecting all bids,
proposals, or replies.
306.4.6.5.8 The Evaluation Team leader will cause the tally sheets for each RFP and RFQ to be
posted in the usual manner for announcement of intended procurement decisions. The County then
enters the contract negotiation phase. The head of the department requesting the purchase and the
Purchasing Director or Manager determine the team that will negotiate the contract. When the cost to
the County is anticipated to be in excess of$500,000.00 in the fiscal year, the negotiating team shall
include the Purchasing Director or Manager, or a designee. For purchases in excess of $1 M. the
County Administrator or designee will be included on the negotiating team in addition to the
Purchasing Director or Manager or a designee. At the County's option, it may avail itself of a
subject matter expert.
306.4.6.6 The Purchasing Department is required to prepare an agenda and maintain a record of the
evaluation review meeting. The Purchasing Director or Manager or designee will chair the meeting,
the purpose of which is to compile the individual ratings and summarize them into a ranking for
short-listing respondents and presentation to the BCC, if necessary. (see Exhibit C)
306.4.6.7 If BCC approval is required, the Purchasing Department will prepare the agenda item
based upon the summary ranking. Once approved by the BCC, the Requesting Depat trnent should
assign a lead negotiator to negotiate a final scope and associated fee.
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306.4.6.7.1 The base wage rate must be the actual hourly wage rate of the employee/job
classification for the firm. (The base wage rates are exclusive of the additives of fringes, overhead,
and profit.)
306.4.6.7.2 Except for projects involving Federal Funds, proposed overhead rates shall conform to
Federal Acquisition Regulation as established by a governmental audit or certified by a Certified
Public Account, but the maximum allowable is 150% for fringe and overhead on direct labor. Profit
shall not exceed 10% and shall be applied only to the total of direct labor plus the overhead. No
markup will be allowed on non-labor related project costs, reimbursables, or on services by sub-
consultants or others.
306.4.6.7.3 For projects involving Federal Funds (i.e., FDOT LAP projects), Federal Regulation
23 CFR 172.7(b) —Audits for indirect cost rate shall be complied with: contracting agencies shall
use the indirect cost rate established by a cognizant agency audit for the cost principles contained
in 48 CFR part 31 for the consultant, if such rates are not under dispute. A lower indirect cost rate
may be used if submitted by the consultant firm; however the consultant's offer of a lower indirect
cost rate shall not be a condition of contract award. The contracting agencies shall apply these
indirect cost rates for the purposes of contract estimation, negotiation, administration, reporting,
and contract payment and the indirect cost rates shall not be limited by any administrative or de
facto ceilings. The consultant's indirect cost rates for its one-year applicable period shall be
applied to the contract, however once an indirect cost rate is established for a contract, it may be
extended beyond the one year applicable accounting period provided all concerned parties agree.
Agreement to the extension of the one-year applicable period shall not be a condition of contract
award. Other procedures may be used if permitted by State statutes that were enacted into law
prior to June 9, 1998.
306.4.6.7.4 The Negotiating Team shall negotiate for a contract with the proposer ranked first as a
result of the evaluation process. Detailed discussions are held with the proposing firm to establish
the scope of the project, the services to be performed, or items to be purchased by the County, and
other required contract terms, including cost and payment details, unit prices, and fee structure.
These negotiations are usually successful, however, should the parties fail to reach an agreement, the
Negotiating Team will terminate the negotiations with the first ranked firm and commence
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negotiations with the second ranked firm. If again unsuccessful, the process is repeated with the third
highest ranked firm. If the County is unable to negotiate a satisfactory contract with the third ranked
firm,the purchase will be resubmitted through the Purchasing Director or Manager for an acquisition
pursuant to the requirements of Chapter 302 of this Manual, which may include a purchase by hard bid
or by an appropriate exception to bidding set forth in Section 302.6.5 or Section 306.3.1.
306.4.6.8 The Purchasing Department will be responsible for preparing and having the contract
documents fully executed once a final scope and fee are agreed upon. (See also Section 303.)
306.5 Standardization
306.5.1 Compatibility to existing equipment shall be an acceptable justification for waiver of
bidding procedures provided the item meets the other criteria within the definition of sole source
item (i.e.; available from only one source and only one item that will produce the desired results).
306.5.2 Where standardization is determined to be desirable by the Director of Purchasing and
Contracts, the purchase of materials, supplies and equipment and certain contractual services may be
made by negotiation. Approval levels stipulated in the County Procurement Ordinance shall apply to
such purchases.
306.5.3 In order to standardize a good/service; the department/division must supply the following
information:
a. The number and types of the same or similar equipment or systems currently in the user's
inventory;
b. Reason(s) why the decision was made to standardize on a particular make or model; qualified
personnel should reach this decision after a comprehensive analysis of various equipment or
systems. This analysis must be documented.
c. Discussion of operational advantages, if any, that the desired equipment system has over
comparable models. Factors that should be considered include ease of maintenance, current skills
of maintenance personnel; costs of additional training if another system or different equipment is
procured; existing parts inventory; etc.
306.5.4 Departments/divisions are cautioned that the conclusions they reach must be based on
credible factors that are sufficient to withstand challenges from other manufacturers or their
representatives and scrutiny by County authorities. Justification for the equipment/system must be
signed or approved by an individual at the manager level or above.
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St. Johns County
Administrative Code
Section: Purchasing Date Issued: June 1999
Revised: July 2013
Title: Contracting for Professional Reference:
Services
307.1 Purpose - The purpose of this policy and procedures establishes St. Johns County's
compliance with F.S. 287.055, known as the "Consultant's Competitive Negotiation Act". The
following is a summary:
Establishes contracting procedures by which Professional Architects, Landscape Architects,
Engineers, and Registered Land Surveyors are to be selected for jobs with the State, its agencies,
political subdivisions, and administrative boards. The Policy provides that professional firms should
be chosen on quality of personnel, past performance, and ability to meet time requirements. Provides
for competitive negotiations with no less than three (3) firms most qualified for the job, and provides
that the firm awarded a contract execute a truth-in-negotiation certificate for contracts of over
$150,000 or more. (F.S. 287.055(5)(a).
Professional service shall be prohibited from representing opposing sides of an issue under
consideration by the Board of County Commissioners to avoid creating a conflict of interest.
The Certificate is to state that wage notes and other factual unit costs supporting the compensation
are accurate complete and current at the time of contracting. (F.S. 287.055)(5)(a)
Requires the County to announce in a uniform and consistent manner, each occasion when
professional services are required for a project whose basic construction cost is estimated to exceed
$325,000 or for a planning or study activity when the fee for professional services does exceed
$35,000 except in case of a valid public emergency. (F.S. 287.055)
This threshold amount may be automatically increased annually to comply with the procedure in F.S.
287.017.
Prohibits the payment of contingent fees for such professional services and sets criminal penalties
for violations of this prohibition. (F.S. 287.055(6))
Makes state assistance available to agencies negotiating contracts over $25,000.00. (F.S.
287.055)(8))
307.2 Scope - All officials, departments and employees under the control and responsibility of the
Board of County Commissioners of St. Johns County.
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307.3 Policy - This section of the manual is provided as information to County personnel requiring
the professional service as defined in the Florida Statute for Professional, Architectural, Engineering,
Landscape Architectural or Registered Land Surveyor Consultant services. "Consultants
Competitive Negotiations Act." (F.S. 287.055.) This Section of the Manual and Section 306 will be
the procedure used when providing requested professional services as identified herein.
307.4 Public Announcement -Advertising will be in a newspaper of general paid circulation which
is published five (5) days a week in the county except for specialized advertising. The need for and
approval of specialty advertising will be determined by the Purchasing Director or Manager
and using Department Head. Formal sealed bids/RFPs/RFQs may also be advertised electronically on
the Web when posted for at least 14 calendar days before the date set for receipt of bids, proposals, or
replies. The advertisement requirements are the same as in 302.7.2 and 302.7.3. Electronic
advertising may be used alone or in conjunction with the written notice.
307.5 Scope of Services - Scope of Services along with Evaluation Criteria will be issued by the
Purchasing Department to interested firms.
307.6 Letters of Interest - Letters of interest and qualifications will be received in the Purchasing
Department by the advertised time and date.
307.7 Evaluation Criteria
307.7.1 Criteria to be used in the evaluation process shall include, but not be limited to, familiarity
with St. Johns County/ previous professional services in the project area past performance with St.
Johns County, experiences with similar projects, current workload/proposed project schedule,
quality of submittal, references and such other factors as may be determined to be applicable to the
Board's particular requirements.
307.7.2 Evaluation of Letters of Interest/qualifications may be by three (3) or more raters based on
criteria shown on the Evaluation Sheet for Ranking of Design Professionals (Exhibit C). Please refer
to Definitions of Evaluation Criteria(Exhibit C) attached.
307.7.3 The composite score from all raters will be combined into the overall ranking total.
307.8 Recommendation for Selection
307.8.1 The Summary Sheet for Ranking of Design Professionals (Exhibit C) along with other
supporting data will be presented to the Board of County Commissioners for approval of the ranking
order and approval to negotiate beginning with the top ranked firm.
307.9 Negotiations
307.9.1 Negotiating may be done jointly by the Purchasing Director or Manager and the Requesting
Department Head or designees with the No. 1 ranked firm. The consultant will usually be requested
to provide the following, even in cases where the work is to be done on a Firm Price Basis (see also
306.4.6.7 and Exhibit 0):
307.9.1.1 Detailed staff hour estimates.
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307.9.1.2 Proposed wage rates and the basis for that rate.
307.9.1.3 Overhead and fringe benefits.
307.9.1.4 Documentation to support the basis for all expenses contained in the price proposal.
307.9.1.5 Written quotes from vendors, copies of pages from catalogs, etc.
307.9.1.6 Unit rates used to compute travel. Cost may not exceed those authorized for St. Johns
County employees. Airfare must be based on coach rates and costs for rental cars must be based on
the use of compact cars,unless prior justification and approval is obtained.
307.9.1.7 The cost basis for the unit rates used for CADD, computers, facilities and capital cost of
money must be fully supported.
307.9.2 Operating margin is intended to compensate the consultant for those normal business
expenses which are excluded from allowable overhead (interest, advertising, bad debts, etc.), as well
as provide the consultant with a reasonable profit.
307.9.2.1 Sub-consultant cost must be specifically identified in the price proposal and supported in a
manner that will allow the negotiating team to make a determination that the proposed costs are fair,
reasonable and competitive.
307.9.2.2 The above data will be compared to the internal estimate prepared by the Requesting
Department to determine those areas in which the proposal from the consultant may be out of line.
307.9.2.3 In those cases where the Requesting Department Head, the Purchasing Director or Manager,
and when necessary the County Administrator or designee, agree that the negotiated price is fair and
equitable, a contract will be issued by the Purchasing Department.
307.9.2.4 In the event that an agreement cannot be reached on a price proposal, the affected firm
will be notified in writing that negotiations have been discontinued and the basis for that action.
307.9.2.5 Negotiations will commence with the second highest ranked firm.
307.9.2.6 Additional Contract Negotiations: Selected firms shall be notified in order of their
competence and qualifications and continue negotiations in accordance with this section until an
agreement is reached.
307.9.2.7 Service Contracts Over $150,000: For all lump sum or cost-plus-a-fixed-fee professional
service contracts over $150,000, the Board of County Commissioners shall require the firm
receiving the award to execute a truth-in-negotiations certificate stating that wage rates and other
factual unit cost supporting the compensation are accurate, complete, and current at the time of
contracting. Any professional service contract under which such a certificate is required shall
contain a provision that the contract price shall be adjusted to exclude any significant sums where
the Board determines the contract price was increased due to inaccurate, incomplete, or non-current
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wage rates and other factual unit costs. All such contract adjustments shall be made within one year
following the end of contract. (F.S. 287.055)(5)(a))
307.9.2.8 Prohibition Against Contingent Fees: The Purchasing Department shall be responsible for
assuring that all contracts for professional services shall contain the required clauses as contained in
subsection pertaining to "Consultants Competitive Negotiation Act". (F.S. 287.055)(6)(1-4))
307.10 Continuing Contracts and Task Orders (F.S. 287.055)
307.10.1 A "Continuing Contract" is a master contract for professional services, in accordance with
all the procedures of this policy and F.S. 287.055, between St. Johns County and a firm or firms that
does not have a specified scope of services. A "Continuing Contract" can also be established for
other services and is a contact that has terms that continue or extend beyond the initial term,
either through extensions, amendments, or renewals. Continuing Contracts may be established
by the Purchasing Department for any Department.
307.10.2 Work is assigned on a rotating basis or by competitive proposals through the issuance of
task orders. Each task order is a stand-alone agreement under the master continuing contract and
should define for the particular project specifically the scope of work, fee(s), schedule for
completion, cost code for payment, and any other project specific terms that are in addition to or
different from the terms and conditions of the master contract.. A Continuing Contract may or may
not utilize task orders. Generally task orders should be utilized under Continuing Contracts where
individual, separate, complex projects are to be authorized under the blanket of the continuing
contract terms and conditions. Task orders may only be issued for projects within the general scope
of services specified in the master contract unless the master contract is amended for emergency or
extenuating circumstances. The master contract amendment must precede issuance of the task order.
307.10.3 Task orders may be issued for projects within the original scope of services where
construction costs do not exceed $2 million, or for study activity when the fee for such professional
service does not exceed $200,000, or for work of a specified nature as outlined in the contract with
no dollar limitation.
307.10.4 The Requesting Department is to provide a scope of work with a fee and time frame on a
proposal from the professional service fire in order for the Purchasing Department to prepare and
issue the task order. Task orders should be approved by the Requesting Department Head,
Purchasing Director or Manager, and additional approval, if required, prior to being forwarded
to the professional service firm for signature.
307.10.5 Task orders are not effective until signed by both parties.
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St. Johns County
Administrative Code
Section: Purchasing Date Issued: June 1999
Revised: July 2013
Title: Surplus and Obsolete Property Reference:
308.1 Purpose - To establish policy and procedure for County owned property that is deemed
obsolete and/or is to be marked as surplus.
308.2 Scope - All officials, departments and employees under the control and responsibility of the
Board of County Commissioners of St. Johns County.
308.3 Policy - The Board of County Commissioners has the discretion to classify any County
property as surplus that is obsolete or the continued use of which is uneconomical or inefficient, or
which serves no useful function and is not otherwise lawfully disposed of. Qualifying property may
be disposed of for value without bids to any governmental unit as defined in s.1.01, or if the property
is without commercial value it may be donated, destroyed, or abandoned. (F.S. 274.06) Property
valued to be under $5,000, may be disposed of in the most efficient and cost-effective means as
determined by the Purchasing Director or Manager or appointee. Any sale of property the value of
which the Purchasing Director or Manager or appointee estimates to be $5,000 or more shall be sold
only to the highest responsible bidder or by public auction. (F.S. 274.06).
The Custodian or appointee will advise the Purchasing Director or Manager by providing a
"Surplus Property Form" which shall include - all property declared surplus or obsolete and the
requested method of disposition as mandated by "Florida Law". (F.S. 274.03)
308.4 Procedure - Each division and/or department must report its surplus or obsolete stock,
equipment, or supplies to the Purchasing Dept by completing the "SURPLUS PROPERTY FORM,
REQUEST TO TRANSFER/DECLARE SURPLUS" (Exhibit D), which is supplied by the
Purchasing Department, Finance Department, or from the BCC shared drive under Surplus Property.
There are no exceptions to this policy as all assets must be properly recorded and maintained as
required by the Auditor General (F.S. 274.02).
308.4.1 The following minimum information shall be included Surplus property form:
308.4.1.1 "From" (Location), "To", "Item Description", "SCJ#" (applicable to items valued at
$1,000 or more at time of purchase), "Condition", "Manner of Disposition" (transfer to surplus,
trade-in, insurance, recovery, disassembled for parts, donate, etc.), CV# (Mandatory for County
Vehicles or heavy equipment/rolling stock), and"Department Head Signature".
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308.4.2 All Surplus property forms, excluding those for County vehicles or heavy equipment/rolling
stock, must be forwarded to the Purchasing Department prior to the transaction or at the time of
property drop-off.
All County Vehicles, Heavy Equipment/Rolling Stock surplus request forms must be turned over to
Fleet Maintenance along with the vehicle and fuel keys. Fleet Maintenance must sign all Surplus
forms prior to transferring any vehicles to surplus.
308.4.3 Notification and delivery of surplus material to the designated area is the responsibility of
each department. The Purchasing Dept must insure the inspection of the items to verify the
serviceability, condition, and original item cost. The County Fleet Maintenance Department will
evaluate all vehicles and heavy equipment.
308.4.4 The Purchasing Dept will process the surplus property form, route and distribute executed
copies to required personnel, and maintain current listings of all surplus property. Once an item has
been declared surplus, it becomes the responsibility of the Purchasing Dept. It cannot be traded in,
transferred, sold, cannibalized, or placed back into service, without the approval of the Purchasing
Director or Manager.
308.4.5 Items reported as surplus shall be transferred to a controlled area. The Fixed Asset Manager
will insure all materials in the controlled area are properly recorded and tagged.
308.4.6 All Division and Department Heads will review the current "Surplus Property List" and
notify the Purchasing Director or Manager within fifteen (15) calendar days after notice of sale
or other disposition, with any requirements for the material; priority normally will be given to
the first division and/or department requesting the material. Before property is disposed of, the
Purchasing Department will check with all other departments and constitutional officers to
ascertain a need for the property.
308.4.7 The Purchasing Department will then review the complete list as required to determine if
there is a need for items, which have not been requested by the division or department, by other
governmental entities within the County. (F.S. 125.35)
308.4.8 The Custodian or appointee will forward the current surplus property list, which shall
include all items that have not been disposed, to the Purchasing Director or Manager with one of the
following recommendations for disposition:
• Transfer to another department or division.
• Trade in on new equipment.
• Offer to governmental entities within St. Johns County by sealed bid.
• Cannibalize for parts.
• Sell to public by auction or sealed bid.
• Sell as scrap.
• Donate to a non-profit organization supported in part by Federal, State or County funds
• Destroy.
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308.4.9 The Custodian, or appointee will request a motion to declare the property list as surplus and
allow staff to dispose surplus property by one of the above listed methods of disposition and drop the
item from the property control register. Board approval of items costing $1,000 or more, which are
accounted for by Property Control Numbers, shall be reported to the Fixed Asset Manager to either
transfer item(s) to surplus or drop the item from the property control register and authorize the
item(s) to be scrapped. (F.S. 274.02) Items below the $1,000 threshold, may be disposed in the most
efficient and cost-effective means as determined by the Purchasing Director or Manager or
appointee,without prior authorization from the BCC.
308.5 Procedure for Transfer of Property(F.S. 274.05 & 274.06)
308.5.1 Each division and/or department must report property transfers by completing the
"SURPLUS PROPERTY FORM, REQUEST TO 'IRANSFER/DECLAIRE SURPLUS" (Exhibit
D), which is supplied by the Purchasing Department, Finance Department, or from the BOCC shared
drive under Surplus Property. There are no exceptions to this policy as all assets must be properly
recorded and maintained as required by the Auditor General (F.S. 274.02).
308.5.2 The following minimum information shall be included in the Surplus/Transfer property
form:
• "From" (Location)
• "To"
• "Item Description"
• Select "Transfer"
• "SCJ#" (applicable to items valued at$1,000 or more at time of purchase)
• "Condition"
• CV# (Mandatory for County Vehicles or heavy equipment/rolling stock)
• "Department Head Signature"
308.5.3 All Surplus/Transfer property forms, excluding those for County vehicles or heavy
equipment/rolling stock, must be forwarded to the Purchasing Department prior to the transaction.
All County Vehicles, Heavy Equipment/Rolling Stock transfer request forms must be turned over
to Fleet Maintenance. Fleet Maintenance must approve all Transfer requests prior to transferring any
vehicles.
308.5.4 The Purchasing Dept will process the transfer request, route for appropriate approvals and
distribute executed copies to the required personnel.
308.5.5 Notification and delivery of surplus material to the designated area is the responsibility of
each department.
308.6 Procedure for Sale of Property (F.S. 274.05 & 06)
308.6.1 After Board approval of items exceeding $1,000 or advisement by the Custodian or
appointee for items below $1,000 threshold, to sell surplus property to the public by auction or
sealed bid, the Purchasing Department shall place a notice in a local newspaper of general
circulation not less than one (1) week nor more than two (2) weeks prior to the sale and in additional
newspapers or specialized publication if in the judgment of the County the best interests of the
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County will be better served by the additional notices.. The advertisement shall contain method of
sale (auction or sealed bid), general description of items being sold, bidder requirements, location of
sale, location and time items being sold may be previewed,time and date of sale. (F.S. 274.06)
308.6.2 The auction shall be conducted by or may be contracted out by the Purchasing Department.
The Finance Department shall have necessary personnel available to record sales and receive
payment in the event items are auctioned by County staff.
308.6.3 Items shall be sold to the highest bidder and payment made at the time of the sale. Payment
must be made by cash, certified check, cashier's check, money order, or company check. A
Company check will be accepted only if a CURRENT BANK LETTER guaranteeing sufficient
funds to cover the check is provided AT REGISTRATION.
308.6.4 Items sold by either sealed bid or auction must be removed from the premises as soon as
possible. The Purchasing Department will determine the maximum length of time granted to remove
items. Under unusual hardships, the Purchasing Director or Manager may grant exceptions to this
provision. Neither the County nor any employee of the County may be held responsible for any
materials remaining on County Property after a five-(5) calendar day period.
308.6.5 All sales are final, no warranties or guaranties implied. Items to be sold in "as is" condition
shall be so noted in the advertisement and bid form.
308.7 Items Approved For Cannibalization
308.7.1 All serviceable parts or items removed shall be placed in stock and reported as receipts of
Perpetual Inventory Control and the residue placed in scrap materials. Items that have been declared
surplus may not be cannibalized without the approval of the Purchasing Director or Manager.
308.8 Sale Of Scrap Materials (KS. 274.06) - Items that have lost all value in their original form
or have been declared obsolete and cannot be sold will be classified as scrap and will be sold to area
scrap dealers at the highest price available or transferred to the Solid Waste Department for
disposition.
308.8.1 The Purchasing Director or Manager will contact at least three (3) or more scrap dealers
requesting they view the scrap available for sale by the County. The scrap dealer will then submit
in writing a proposal of the price per pound that he will pay. This proposal should include the
information providing containers for carrying scrap and the change in price per pound if St. Johns
County will put scrap in containers. The proposal most advantageous to the County will be the one
accepted.
308.8.2 Segregation of the scrap is to be made, wherever possible, so that the County will receive
the best possible price. In the past, the County has experienced better prices by delivering scrap to
the dealer, when separated in containers marked: bronze, brass, copper, aluminum, lead, scrap steel.
308.8.3 The scale used to weigh such items must be of the approved type capable of providing a
printed receipt of the gross weight less tare weight and the net weight of each load of scrap. The
receipt will be provided to the St. Johns County Purchasing Department along with payment for the
scrap in money order or cashier's check and should be made payable to St. Johns County. If no scale
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is available,the County will weigh the scrap at the Solid Waste Landfill scales prior to delivery of
the scrap or pick-up by a scrap buyer.
308.8.4 Proceeds from the sale of scrap will be returned to the Purchasing Director or Manager
then forwarded to Finance as revenues to the general fund unless prohibited by statute or
agreements, such as bonding obligations.
308.9 Donate, Scrap, or Destroy - The disposal of surplus or obsolete property will require
authorization for disposal of surplus or obsolete property from the Board of County Commissioners,
and will be recorded in the minutes. (F.S. 274.07). The dollar guidelines as established in F.S.
274.06 shall be followed. The Purchasing Director or Manager shall be authorized to dispose of
surplus property under the bid limit (currently $5,000.00) in any manner, which brings the most
value to the County.
308.9.1 A complete list of all surplus property, which is to be donated, scrapped, or destroyed shall
be recorded with associated SCJ#'s.
308.10 Vehicle and Heavy Equipment / Rolling Stock Surplus Property - The "SURPLUS
PROPERTY FORM, REQUEST TO TRANSFERIDECLAIRE SURPLUS" (Exhibit D) is to be
completed by the Custodian or appointee, as vehicles must be approved by the Board as excess to
County Requirements. The form must be forwarded to the Fleet Maintenance Supervisor for
information on conditions and location of vehicle equipment and returned to the Purchasing
Director or Manager.
308.11 Procedure For Sale Or Lease Of Real Property (F.S. 125.35)(b) - The Board of County
Commissioners is authorized to sell and to lease real property belonging to the County whenever the
Board determines that it is in the best interest of the County to do so.
308.11.1 Notice of sale must be published once a week for at least two (2) weeks in a newspaper of
general circulation published in the County, calling for bids on the property.
308.11.2 The highest bid complying with the terms and conditions in the Notice shall be accepted.
Terms and conditions may differ from sale to sale at the discretion of the Board (i.e., amount of
deposit required with each bid, appraisal to determine lowest bid to be accepted).
308.11.3 The Purchasing Department processes bidding and advertising. Title transfers, closing and
land/building leases are administered by the County Real Estate Office.
308.11.4 Include in all advertisements for bids on sale of land: 1)the deed given by the County will
be in substantial conformance with the form in F.S.125.41 1. 2) The deed given by the County will be
subject to a reservation of mineral rights pursuant to section 270.11 F.S.
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St. Johns County
Administrative Code
Section: Purchasing Date Issued: June 1999
Revised: July 2013
Title: Purchasing Card System Reference:
309.1 Purpose - The Purchasing Department is committed to improving service to internal
customers reducing processing time and controlling the cost of internal service functions. This
Policy is part of a broad effort to pursue the benefits of delegated purchasing authority and to have
procedures and controls in place for the protection of St. Johns County.
309.2 Scope - All officials, departments and employees under the control and responsibility of the
Board of County Commissioners of St Johns County.
309.3 Issuance - The Purchasing Director or Manager or his designated representative (individual
responsible for administering the procurement function within a department) will determine to
whom the purchasing cards should be issued based upon the purchasing authority of each individual
or work group. Employee should be employed with the County for six (6) months prior to
issuing a Purchasing Card. It is highly recommended that employees not use your personal credit
card on County travel. If you use your personal credit card and wish to be reimbursed by the
County you must submit a copy of your credit card statement showing the charge along with the
charge receipt.
309.4 Transaction Dollar Limit - The single per transaction dollar limit shall not be exceeded or
circumvented by splitting transactions. The per transaction limit for most Department Heads is
$1,500.00 and for most regular card holders is $1,000.00. CASH ADVANCES ARE STRICTLY
PROHIBITED. Requests that exceed any of the established single transaction dollar limits or
monthly dollar limits must have the prior written approval by appropriate Assistant County
Administrator. Provide a "Request for Approval" form (Exhibit E) with a rational reason for the
exception and route for the Assistant County Administrator's signature. Once approved by the
Assistant County Administrator then Purchasing will be notified to change the requested limits, this
includes single transaction limits and monthly transaction limits.
309.5 Receipt of Goods - To avoid delays in payment of receipts/invoices be sure that the person
authorized to sign receipts/invoices. has a clear signature on all charge slips. No unsigned charge
slips will be paid. All receipts/invoices must have the appropriate GL number, department number
and the Department Heads signature before they are sent to the Finance Department for processing.
Absolutely no "bundling" of(multiple) or split charges will be allowed. All purchases must be
billed individually.
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309.6 Statements - The bank will send each cardholder a separate statement for their monthly
charges. All cardholders and Department Heads must sign and date on space provided on statement.
309.7 Interest and Penalty - Cardholders must send their signed and coded invoices to the Finance
Department the week after the month ending, the Purchasing Department will inform the reconciler
of the cut off day. If receipts/invoices are submitted for payment without sufficient time to make a
timely payment, interest, if any, will be charged to the cardholder's budget.
309.8 Disputed Charges and Assistance - In the event there are disputed charges on a cardholders
statement a dispute form must be filled out by the Purchasing Department. The Departments
reconciler must immediately contact the Purchasing Department with the cardholders name, credit
card number, statement date, transaction date, posting date, merchant name, amount charged,
reference number on statement and reason of dispute. Once the form is filled out by the Purchasing
Department, they will then forward the form to the Department disputing the charge for the
cardholder's signature. The disputing depac biient must send the Purchasing Department the signed
dispute form and the Purchasing Department will forward the form to the bank.
In the event a cardholder has any questions, they should contact their purchasing liaison assigned
during the card issuance process.
All disputed charges must be coded with appropriate GL# and Cost Center# that the charge applies
to and if it is determined by the bank that the charge was not the cardholders responsibility a credit
will be issued on the next month's statement. The credit for the dispute will be giving the same GL#
and Cost Center#to offset the charge.
309.9 Returns - In the event there are returns, a credit receipt/invoice must be received from the
vendor. The cardholder must check the statement for the return/credit and attach the credit slip when
processing for payment.
309.10 Lost or Stolen Cards - Report lost or stolen cards to the Purchasing Department and to
Bank of America at 1-888-449-2273 immediately. if not reported immediately, St. Johns County
may be liable for the fraudulent charges and, if liable,the cardholder's budget will be charged.
309.11 Inappropriate Purchases - Neither the bank nor the merchant bear any responsibility for
inappropriate purchases. If a purchase was made by the cardholder, the merchant will be paid and the
department's budget charged, unless the department returns the merchandise and the merchant
agrees to take it back and issue a credit. Individual cardholders may be subject to disciplinary action
up to and including termination if illegal and/or inappropriate purchases occur.
309.11.1 No purchase of goods or services for use by a County employee should be made unless it
is in:
• Direct Support of the workplace environment
• The purchase contributes(adds value)to the overall goal of the Department or County in
providing a public service.
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309.11.2 The use of County Purchasing Cards for the following is unacceptable:
• Any item(s) for personal or non-County use
• Cash Advances
• Vehicle repairs—(Exception- may be approved/authorized by the Fleet Maintenance
Manager)
• Telephone Charges, Communications Services and/or equipment, cell phones and cell
phone bills,pagers, and pager bills.
• Service charges for facilities and/or ON SITE equipment repair, pest control
• Walk-in purchases of office supplies
• Charges for organizational dues and/or memberships
• Payment of"Open Purchases Orders"
• Alcoholic Beverages, Bars
• Meals, dinnerware, food condiments
(Exceptions)
1. The Fire Services and/or EMS Division Chief may authorize use of the card for those items
under Emergency Conditions)
2. A localized or departmental emergency may occasionally occur which requires field repair
crews to work extended hours. A localized or departmental emergency may be declared by a
Division Head and does not require BOCC approval. An example is a water main break in
which hundreds of citizens may be without water. Another example is an unusual and
excessive amount of rain which results in flooding of roadways. During these localized or
departmental emergencies, meals may be purchased for field crews when employees must
work extended hours. Extended hours means 12 or more work hours per man in a 24 hour
period. The food may be purchased only for the work crews in the field and not for support
staff. The maximum amount of the purchase for each meal may not exceed the amount
authorized by the travel policy in effect at the time of the purchase. The Division Head must
inform the Purchasing Director or Manager and the appropriate Assistant County
Administrator in writing the next business day after the event using the Request for
Approval form and provide the reason for the use of the purchasing card for food, place
used, and the date(s).
3. Other purposes identified by the County Administrator to facilitate specific activities, such as
events sponsored by the County Administrator or Assistant County Administrators, Tourist
Development of Economic Development brunches, luncheons or dinners, which the County
Administrator deems beneficial in achieving identified goals of Saint Johns County. Such
purchases must be approved in writing by the County Administrator or Assistant County
Administrators. The expenditure associated with this use will be appropriated under special
events and will include costs of the depaiti lent personnel acting as the event sponsor. An
itemized invoice for the event must be included: otherwise the expenditure will be
responsibility of the employee acting as sponsor. Additionally, the document (email,
memorandum or letter) approving the specific circumstance must accompany the invoice.
309.11.3 Violation of the above Policy will result in:
• Reimbursement by the employee
• Surrender of Purchasing Card and Card privileges
• Other Disciplinary measures (when appropriate)
309.12 Appropriate Purchases - The use of County Purchasing Cards for the following is
acceptable:
• Commodities
• Travel related items such as airlin ' ' ' " el room fees, fuel only while traveling on
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County business, and rental car. Pre-Approval of travel is required in accordance with the
standard travel procedures.
• Seminar/ Conference Registration Fees
• OFF SITE equipment repair and services - for example, repairs to electrical motors or motor
starters, Emergency Medical Technician diagnostic equipment, Firemen SCBA equipment,
laboratory equipment, small and mowers.
• Computer Equipment/Software (ALL Requests must be submitted to the MIS Director for
approval prior to purchase)
309.13 Cardholder Performance
A cardholder's supervisor should review their purchases as they are responsible for the cardholder
meeting all the requirements specified for the use of their card.
309.14 Cancellation of Cards
Whenever the employment of a cardholder is ended, the cardholder's Supervisor is responsible for
returning the card to the Purchasing Department with written notice for cancellation immediately.
The terminated employee's Purchasing card must be returned to the Purchasing Department and cut
in half for cancellation. The Purchasing Department will contact the bank to close the terminated
employee's Purchasing card.
309.15 Record Keeping - It is mandatory that the following record keeping formats be utilized to
maintain your receipts/invoices and detail for the Works System. All Purchasing card purchase
receipts/invoices will be submitted to facilitate reconciliation of your monthly statement. It is easier
to record the required detailed description of the purchase on the Works System than on each
receipt/invoice.
309.15.1 The following are required (without exception) for every County Purchasing Card
purchase:
• Documentation of purchase item(s) and amount(s)
• Register Receipt
• Itemized Invoice
• Signature of Recipient of Purchase
309.15.2 Absolutely no "bundling" of (multiple) or split charges will be allowed. All purchases
must be processed as they occur.
309.15.3 File your receipts/invoices in a folder and complete the information indicated on daily
transactions on the Bank of America website. (See EXHIBIT A for guidelines)
Upon receipt of your hard copy statement, compare your receipts/invoices to the weekly statement
sent through Works, requesting any lost receipts/invoices, credits due, etc. Keep all receipts/invoices
until the last week on the credit card reconciliation. The Purchasing Department will notify all
reconcilers of the Month End.
Once the Month End has reached all receipts/invoices must have appropriate GL#, Department # and
Department Heads signature on them. Receipts/Invoices must be in the order they appear on the
Works statement. Forward all invoices to the Finance Department no later than the cutoff deadline.
Send all receipts/invoices to the Finance Department immediately after you receive the hard
copy of the statement from Bank of America.
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St. Johns County
Administrative Code
Section: Purchasing Date Issued: June 1999
Title: Definitions Reference:
310.1 Definitions
1. ACKNOWLEDGMENT - A form used by a vendor to advise a purchaser his order has been
received.
2. ACT OF GOD - A term used to denote a danger beyond control of human avoidance, any
accident caused by nature such as a hurricane, flood, lightning, etc., which is in no way connected
with negligence.
3. AD VALOREM - (According to value) Ad Valorem is applied to duty (tax) charged upon the
value only of goods, irrespective of quality or other considerations.
4. ADMINISTRATOR- County Administrator of St. Johns County,Florida.
5. AFFIDAVIT -A written statement of facts sworn to before a notary.
6. AGENCY - Signifies a relationship existing between two parties by which one is authorized to
perform or transact certain business for the other.
7. AS IS - A term indicating goods offered for sale are without warranty or guarantee. The
purchaser has no recourse on the vendor for the quality or condition of the goods.
8. BACK ORDER - That portion of an order which the vendor cannot deliver at the scheduled
time and which has been rescheduled for delivery at a later time.
9. BID -An offer, as a price,whether for payment or acceptance. A quotation specifically given to
a prospective purchaser upon its request,usually in competition with other vendors.
10. BID BOND -A good faith monetary commitment which a bidder or surety forfeits to the County
if the bidder refuses to enter into a contract after submitting a bid or the bidder cannot furnish the
required bonds, usually for 5% of bid proposal price.
11. BID (FORMAL OR SEALED) - A request for firm prices by Advertised Legal Notice. Prices
are submitted in sealed envelopes and in conformance with a prescribed format, all of which are
opened in public in the Purchasing Department on an appointed hour and date as advertised.
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12. BILL OF LADING - A form used by a carrier as an invoice showing consignee, consignor,
description of shipment, weight, freight rate, freight charges and other pertinent information
regarding goods being transported.
EXAMPLES:
Bill of lading (uniform) B/L - A carrier's contract and receipt for goods, which it agrees to
transport from one point to another and to deliver such goods. Surrender of the document not
required upon delivery.
Straight bill of landing (uniform) B/L - A non-negotiable document providing that a shipment be
delivered directly to the party designated as consignor.
13. BILL OF SALE - A written agreement under the terms of which the title or interest in a
property is transferred by the seller to the buyer.
14. BLANKET PURCHASE ORDER - A standing purchase order issued for a fixed dollar
amount to one vendor. Multiple orders for a variety of goods or services are placed upon
demand against this one purchase order not to exceed amount stated on purchase order, although
no quantities are specified. A log will be maintained by the department to assure amount is not
exceeded.
15. BOARD-The Board of County Commissioners of St. Johns County.
16. CAVEAT EMPTOR-Let the buyer beware, purchase is at buyer's risk.
17. CAVEAT VEN'DITOR - Let the seller beware. The seller can be liable to the buyer if the
goods delivered are different in kind, quality, use or purpose from those described in contract of
sale.
18. CHAIR-The Chairman of St. Johns County Board of County Commissioners.
19. CHANGE ORDER — A written document to alter a transaction previously formalized by a
purchase order or contract.
20. CLERK-The Deputy Clerk to the Board of County Commissioners.
21. COMMON CARRIER - An individual or company .in the business of transporting goods or
passengers for the general public for a fee.
22. COMPENSATION-The total amount paid by the County for goods and services.
23. COMPETITIVE SEALED BIDDING - The offer of estimates by vendors competing for a
contract to supply specified goods or services. Award is made to the lowest responsive and
responsible bidder, based upon the criteria set forth in the bidding documents and does not
include discussions or negotiations with bidders.
24. CONFIRMING ORDER - A purchase order issued to a vendor after the fact restating the
terms originally placed verbally or by some other informal method.
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25. CONSIGNEE - The party, usually the buyer, to whom a shipper directs a carrier to deliver
goods.
26. CONSIGNOR-The party who delivers freight to a carrier for shipment.
27. CONTRACT ADMINISTRATOR - The individual designated by the County
Administrator to obtain the professional services under the requirements stated herein when such
services are requested from Staff or a Department Head.
28. CONTRACT - A delivered agreement between two or more parties, legally binding and
enforceable, to perform a specific act or acts or exchange goods for consideration. A purchase
order becomes a contract when accepted by a vendor. A unilateral contract is one in which only
one party promises performance. A bilateral contract is one in which both parties promise
performance.
29. CONTRACTOR - An individual or firm having a contract to provide goods, service or
construction for a specified price.
30. COOPERATIVE - A group of two or more parties that act through a common agency with
respect to a common objective, either buying or selling.
31. COOPERATIVE PURCHASING (PIGGYBACKING) - A method of buying whereby the
County buys from an approved bid of another governmental entity, thereby relieving the County
of the requirement of bidding itself.
32. COUNTY - St. Johns County, a political subdivision of the State of Florida. (F.S. 217.73)
33. COUNTY ADMINIS"1'RATOR - An official appointed by the Board to direct the assigned
functions of the County with all staff and department heads under his jurisdiction directly
responsible to the Administrator for the operations.
34. CUSTODIAN - Any elected or appointed state officer, board, commission, or authority and
any other person or agency entitled to lawful custody of property owned by the state. (F.S.
273.01)
35. CWT (c.w.t.)-Hundred weight(100 lbs.)
36. D.B.A. - "Doing Business As".
37. DELIVERY - The transfer of possession. It occurs when shipment is surrendered to the
consignee and title to the goods passes to the receiver.
38. DEMURRAGE - A charge, allowed in tariffs, or by contract, assessed against a consignor,
consignee for delays to transportation equipment in excess of"free time" for loading, unloading.
St. Johns County pays demurrage on some cylinders containing oxygen, etc.
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39. DISADVANTAGED AND WOMEN OWNED BUSINESS ENTERPRISES - A business
firm which is at least fifty-one percent (51%) owned by disadvantaged or women group
members; or in the case of a public-owned business, at least fifty-one percent (51%) of the stock
of which is owned by disadvantaged or women group members. The definition of a special
small business will depend on the industry, commodity and the service involved. (F.S.
287.055)(3)(a))
40. DISCOUNT - A deduction granted by the seller to the buyer when certain stipulations are
met, such as payment received before a certain date - this is a cash discount. Often standard
industry discounts are established.
41. EMERGENCY - The necessity for the immediate purchase of supplies or services essential
to protect the life, health, or safety of the public initiated by either the department head,
Purchasing Director or Manager, or County Administrator.
42. ENCUMBRANCE - Obligation in the form of purchase orders or contracts, which are
chargeable to an appropriation in the budget and for which a part of the appropriation is reserved.
They cease to be encumbrances when paid or when the actual liability is set up.
43. EQUIPMENT -An item with an initial value of$1,000.00 or more and has a life expectancy
of one year or more.
44. ESCALATION - An amount or percent by which a contract price may be adjusted if
specified contingencies occur, such as changes in raw materials or labor costs.
45. EXCISE TAX - A tax imposed on the manufacture, sale or consumption of a product. St.
Johns County does not pay this tax.
46.FINANCIAL HARDSHIP — Circumstances caused by sudden and unexpected illness or
accident not reimbursed by insurance, loss of property due to casualty not reimbursed by
insurance, sudden and unexpected unemployment, or other similar extraordinary and
unforeseeable circumstances arising as a result of events beyond a person's control.
47. FIRM - Any individual, firm partnership, corporation, association or other legal entity
permitted by law to practice architecture, engineering or land surveying in the State of Florida.
48. FIRM ORDER-An offer stated to be held open for a specified time.
49. F.O.B. - Free on Board. The term means the seller is required to place the goods aboard the
equipment of the transportation carrier without cost to the buyer. The terms F.O.B. must be
qualified by a location - such as shipping point, destination, etc. All St. Johns County purchase
orders stipulate "F.O.B., destination unless otherwise noted herein".
50. INVENTORY-The amount of property on hand at any given time.
51. INVITATION FOR BIDS - A formal request, verbal or written, which is made to
prospective suppliers for their quotation on goods or services desired by the County.
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52.JOINT VENTURE- when two parties enter into a single enterprise for their mutual benefit
without the intention of continuous pursuit.
53. LEAD TIME - The period of time from date of ordering to the date of delivery which the
buyer must reasonable allow Purchasing and vendor to prepare the order and the goods for
shipment.
54. LIQUIDATED DAMAGES - A sum agreed upon between the parties to a contract, to be
paid by the party breaching or defaulting the contract, to the other party as settlement for
damages.
55. LOBBYING -Activities by a person who, for compensation and on behalf of another person,
firm, or organization, contacts a Board or committee member or a member of the County staff to
influence a decision in the area of policy or procurement.
56. LOCAL BUSINESS - A person, firm or corporation having its principal place of business
within the borders of St. Johns County, Florida.
57. LOCAL BUSINESS PREFERENCE - Additional (preferential) credit awarded to a local
business in awarding bids or in accepting proposals as provided in this Purchasing Manual.
58. ORIGINAL EQUIPMENT MANUFACTURER (OEM) - The designated manufacturer of
certain equipment.
59. OPERATING SUPPLIES - all expendable materials or commodities required to facilitate
the functioning of a division or department, items do not become part of the complete
construction project or product, i.e., cleaning materials, cutting oils, equipment items under
$1,000.00, etc.
60. OUTLIER - A bid, offer, or proposal which is determined by the Purchasing Director or
Manager to be significantly dissimilar to or inconsistent with, competing bids or offers.
61.PARTIAL PAYMENT OR PROGRESS PAYMENT - Usually required in contracts for
building construction and often for purchase transactions on open or secured accounts. Payments
made in advance of full delivery or final completion.
62. PREPAID - Term denoting that transportation charges have been paid at point of shipment.
Abbreviation is PPD.
63. PROFESSIONAL SERVICES - Those services within the scope of practice of Professional
Architecture, Landscaping Architecture, Engineering, or Registered Land Surveying as defined
by the Laws of the State of Florida or those performed by any professional architect, landscape
architect, engineer, or registered land surveyor, in connection with this professional employment
or practice.
64. PROPERTY - Fixtures and other tangible personal property of a non-consumable nature, the
value of which is $1,000.00 or more, and the normal expected life of which is one year or longer.
(F.S. 274.03)
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65. PROPOSAL - A request either verbal or written, for prices which when submitted may be
subject to further negotiation.
66. PUBLIC CONSTRUCTION BOND - A formal bond initiated by the contractor for 100%
of the project cost as required in the Notice to Bidders and County Bid Form. Bond must be
delivered to the County prior to commencement of work. It insures completion of project if
contractor defaults.
67. PURCHASE ORDER- A written document ordering supplies, services, or construction for
the County. The document shows all terms and conditions of the purchase.
68. PURCHASE REQUISITION - The form used by Departments to request the Purchasing
Department to procure goods and services from vendors.
69. QUOTATION - An offer by a vendor to sell to the County. It may be verbal or written.
Used for items less than the existing formal bid limit.
70.RECEIVING REPORT - A form used to advise others (Finance) of the receipt of goods
purchased. Copy of the receiving report should also be forwarded to Inventory Records Clerk
when budgeted line items or personal property exceeding$1,000.00 is purchased.
71. REQUEST FOR PROPOSAL (RFP) — A written solicitation for competitive sealed
proposals with the title, date, and hour of the public opening designated. The request for
proposal is used when the agency is incapable of specifically defining the scope of work for
which the commodity, group of commodities, or contractual service is required and when the
agency is requesting that a qualified offeror propose a commodity, group of commodities, or
contractual service to meet the specifications of the solicitation document. A request for
proposals includes, but is not limited to, general information, applicable laws and rules,
functional or general specifications, statement of work, proposal instructions, and evaluation
criteria. Requests for proposals shall state the relative importance of price and any other
evaluation criteria. (F.S. 287.012)
72.REQUEST FOR QUALIFICATIONS (RFQ) — A Request for Qualifications has the same
definition or meaning as "Request for Proposals" (F.S. 287.0 12) as applied to professional
services.
73.RESPONSIBLE BIDDER — A bidder capable of performing in all respects to fulfill the
contract requirements. This includes having the ability to perform, the experience, reliability,
capacity, credit, facilities and equipment to meet the contractual obligation.
74. RESPONSIBLE VENDOR - A vendor who has the capability in all respects to fully
perform the contract requirements and the integrity and reliability that will assure good faith
performance.
75. RESPONSIVE BID, RESPONSIVE PROPOSAL, or RESPONSIVE REPLY — A bid,
proposal, or reply submitted by a responsive and responsible vendor conforming in all material
respects to the solicitation.
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76.RESPONSIVE BIDDER — A bidder who has submitted a bid conforming in all material
respects to the bid invitation.
77.RESPONSIVE VENDOR - A vendor who has submitted a bid, proposal, or reply
conforming in all material respects to the solicitation.
78.RETENTION - The practice of withholding a portion (percentage) of the sum due a vendor
until contract has been fully accepted as meeting specifications.
79. SERVICES - The furnishing of labor, time or effort by a contractor, not involving the
delivery of a specific end product.
80. SPECIFICATIONS - A clear, complete and accurate statement of the physical, functional
or technical requirements descriptive of an item and if applicable, the procedure to be followed
to determine if the requirements are met.
81. STOCK -A supply of goods maintained on hand at the various departments/division to meet
the demand the departments anticipate will be made.
82. SUBCONTRACTOR - A party who contracts with a prime contractor to perform all or any
part of the prime contractor's obligations.
83. TERMS OF PAYMENT - All purchase transactions require a payment for goods or
services received, payment is made in negotiable funds in accord with terms agreed between the
buyer and seller. There are three basic payment terms: cash, open account and secured
(collateral) account.
84. TRACER - A request for advice concerning status of shipment. The using agency shall
request the information from the Purchasing Department.
85.VENDOR-One who sells something-the seller.
86.WARRANTY - Either expressed or implied that certain fact(s) are true, or will be true,
regarding subject matter of contract. Distinguished from "Guaranty" which means a contract on
promise by one person to answer for the performance of another.
87.WAYBILL - A document prepared by a transportation line at the point of origin of a
shipment, showing the point of origin, destination, route, consignor, consignee, description of
shipment, and amount charged for the transportation service, and forwarded to the carrier's agent
at transfer point or destination. An astray waybill is used for freight miscarried or separated
from its proper waybill. A blanket waybill is one covering two or more consignments of freight.
An interline waybill is one covering the movement of freight over two or more transportation
lines.
88. WEIGHT, GROSS - The weight of an article together with the weight of its container and
the material used for packing.
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89.WEIGHT, NET - The actual weight of the contents of a container or of the cargo of a
vehicle. It is the total weight less the tare weight.
90.WEIGHT, TARE - The weight of an empty container and the other material used for
packing its contents. Actual tare is determined when each cask, bag, etc., is weighted; average
tare, when one is weighted as a sample; and the estimated tare, when a fixed percentage is
all owed.
91.WHARFAGE - A charge against a vessel for lying at a wharf. It is often used
synonymously with "dockage" and "moorage".
92.WITHOUT ENGAGEMENT - A phrase incorporated in a quotation and used to avoid
having to accept an order at the price quoted. A safeguard against prices fluctuating in the
interval between the giving of the quotation and the order being placed.
93.W/O -An abbreviation meaning(1)without, or(2)with order, as "cash w/o".
•
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EXHIBIT A
ST.JOHNS COUNTY
ADMINISTRATIVE CODE
PURCHASING POLICIES AND PROCEDURES
* PURCHASING CARD SYSTEM *
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Exhibit A CREDIT CARDHOLDERS STA 1'EMENT
DEPARTMENT PROCEDURES
All transactions must be completed on the Bank of America Works website at
https://payment2.works.com. A user and password will be issued by the Card Program
Administrator in the Purchasing Department. The Works website can be accessed 24/7 all year.
1. Click on the left hand tool bar Cardholder for your personal card and Manager for the
department reconciler
2. Click on Transactions Requiring Sign-off. A list of your department transactions will appear.
3. Use the split-view and highlight the transaction, in order to allocate the charge.
4. Click on the Allocation Tab and then click on the Add/Edit button in the bottom, right-hand
corner. The Allocation box will appear, and then enter the department 4-digit #, and the
account 5-digit#. The allocated amount should equal the transaction amount. You may split
the allocated amounts by changing the number from 100%to i.e. 50/50.
5. Click"OK", once complete.
6. Click the General Tab, and then click the Add Comment button. Enter a detailed description
of the purchase made.
7. Once completed, you should have 3 green check marks that indicate your allocation was
completed.
8. Then click on the Sign-off button in the bottom, right-hand corner, and the charge will
disappear.
CREDIT CARDHOLDERS STATEMENT
DEPARTMENT PROCEDURES
You cannot make any changes after you have signed-off on the transaction. Please e-mail the
Card Program Administrator, in order to correct any changes.
After you have completed the cardholder transactions in Works, please send all invoices/receipts
to the appropriate contact in Finance on a monthly basis. Make sure everything is coded correctly
and signed by the Department Head.
PURCHASING CARD CLOSING DA 1'E IS THE 4 OF EACH MONTH.
PAYMENT MUST BE MADE ON THE 1 8TH OF EACH MONTH.
If the department's reconciler is planning to be out of the office, (i.e. vacation or sick leave)
around the 5th during any month, then please contact the Purchasing Department The Purchasing
Department will need to change the email address in Works from your name to the employee
who will reconcile the Purchasing card statement for that month. The Purchasing card
reconciliation cannot wait until you get back to the office from leave. Each department should
have an additional delegate in your department learn how to reconcile in your absence.
A hard copy of the statement will come in the mail around the 12th of the 13th of each month.
Please make a copy of the statement and send the original to the Finance Department. If you do
not receive a statement via mail by the 14th of each month contact the Purchasing Department
and they will request one for you, or call Bank of America at 888-449-2273.
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EXHIBIT B
ST.JOHNS COUNTY
PURCHASING DEPARTMENT
Instructions to Bidders
These instructions will bind bidders to terms and conditions herein set forth, except as
specifically qualified in special bid contract terms issued with any individual bid.
1. The following criteria are used in determining low responsible bidder:
1. The ability, capacity and skill of bidder to perform required service.
2. Whether bidder can perform service promptly or within specified time.
3. The character, integrity, reputation,judgment, experience and efficiency of bidder.
4. The performance of previous contracts with St. Johns County.
5. The suitability of equipment of material for county use.
6. The ability of bidder to provide future maintenance and parts service.
2. Payment terms are net thirty (30) unless otherwise specified. Favorable terms, discounts
may be offered and will be considered in determining low bids if they are deemed by the
Purchasing Department advantageous to the County.
3. All bids should be tabulated, totaled and checked for accuracy. Unit price will prevail in
case of errors.
4. All requested information should be included in the bid envelope or your bid may not
receive full consideration.
5. If anything of the bid request is not clear,you should contact the Purchasing Department
immediately.
6. A bidder's list is available at the Purchasing Office.
7. Quote all prices F.O.B. (Free On Board), our department or as specified in bid documents.
8. Each proposal shall be clearly marked on the outside of the envelope with the following:
A. Sealed Bid Number
B. Name of Item Being Bid in Full
C. Vendor name and address
9. No Responsibility will attach to any County representative or employee for the premature
opening of bid not properly addressed or identified.
10. If only one(1)bid is received,the bid may be rejected and re-advertised.
11. Bids received late will not be accepted and the County will not be responsible for late mail
delivery. However, should a bid be misplaced by the County and found later, the bid will be
considered.
12. Telephone and facsimile bid will not be acceptable in formal Sealed Bids openings.
13. Any bidder may request and shall receive a receipt showing the day and hour any bid is
delivered to the appropriate office of the County from the personnel thereof.
14. All bidders must be recognized dealers in the materials of equipment specified and be
qualified to advise in their application or use. A bidder may at any time be requested to
satisfy the Purchasing Office and the County Administrator that he has the requisite
organization, capital, plant, stock, ability and experience to satisfactorily execute the contract
in accordance with the provisions of the contract in which he is interested.
15. Any alterations, erasures, additions or omissions of required information or any changes of
specifications or bidding schedule is done at risk of the bidder. Any bid will be rejected that
has a substantial variation. For example, a variation that affects the price, quality or delivery
date (when delivery is required by a specific time).
3
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16. When requested, samples will be furnished to the County free of expense, properly marked
for identifications and accompanied by a list where there is more than one (1) sample. The
County reserves the right to mutilate or destroy any sample submitted whenever it may be to
the interest of the County to do so for the purpose of testing.
17. The County will reject any material, supplies or equipment that do not meet the
specifications, even though the bidder lists the trade names or names of such material on the
bid or price quotation form.
18. The unauthorized use of patented articles is done entirely at the risk of the successful bidder.
19. The ESTIMA"1'ED QUANTITY given in the specifications of advertisements is for the
purpose of bidding ONLY. The County may purchase more or less than the estimated
quantity and the vendor must not assume that such estimated quantity is part of the contract.
20. Only the latest model equipment, as evidenced by the manufacturer's current published
literature will be considered. Obsolete models of equipment not in production will not be
acceptable. The equipment shall be composed of new parts and materials. Any unit
containing used parts or having seen any service other than the necessary tests will be
rejected. In addition to the equipment specifically called for in the specification, all
equipment catalogued by the manufacturer as standard or required by the State of Florida
shall be furnished with the equipment. Where required by the State of Florida Motor
Vehicle Code, vehicles shall be inspected and bear the latest inspection sticker of the Florida
Department of Revenue.
21. The successful bidder on motor vehicle equipment shall be required to furnish with the
delivery of the vehicle a certificate of origin and any other appropriate documentation as
required by the Florida Motor Vehicle Dept tment.
22. Prospective bidders are required to examine the location of the proposed work or delivery
and determine, in their own way, the difficulties, which are likely to be encountered in the
prosecution of the same.
23. All materials, equipment and supplies shall be subjected to rigid inspection under the
immediate supervision of the Purchasing Department, its designee and/or the department to
which they are delivered. If defective material, equipment or supplies are discovered, the
vendor shall remove or make good such material, equipment or supplies without extra
compensation. It is expressly understood and agreed that the inspection of materials by the
County will in no way lessen the responsibility of the vendor or release him from his
obligation to perform and deliver to the County sound and satisfactory materials, equipment
or supplies. The vendor agrees to pay the costs of all testing upon defective material,
equipment or supplies or allow the cost to be deducted from any monies due him from the
County.
24. Unless otherwise specified,the County reserves the right to award each item separately or on
a lump sum basis,whichever is in the best interest of the County.
25. A contract may not be awarded to any corporation, firm or individual who is, from any
cause, in arrears to the County or who has failed in former contracts with the County.
26. Reasonable grounds for supposing that any bidder is interested in more than one proposal for
the same item will be considered sufficient cause for rejection of all proposals in which he is
interested.
27. Submitting a proposal when the bidder intends to sublet the contract may be a cause for
rejection of bids or cancellation of the contract by the County Administrator.
28. The County reserves the right to reject any or all bids or quotations, to waive any minor
discrepancies in the bids for all bidders equally when deemed to be in the best interest of the
County and to purchase any part, all or none of the materials, supplies or equipment
specified.
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29. Failure of the bidder to sign the bid or have the signature of any authorized representative or
agent on the bid proposal in the space provided may be cause for rejection of the bid.
Signature must be written in ink or indelible pencil. Typewritten or printed signatures will
not be acceptable.
30. Any bidder may withdraw his bid at any time BEFORE the time set of opening of the bids.
A bid may be withdrawn AFTER the bids are opened only with permission of the Purchasing
Agent.
31. It is mutually, understood and agreed that, if at any time, the Purchasing Department or
designee shall be of the opinion that the contract, or any part thereof, is unnecessarily
delayed or that the rate of progress or delivery is unsatisfactory or that the contractor is
willfully violating any of the condition or covenants of the agreement or is executing the
same in bad faith, the Purchasing Agent or his designee shall have the power to notify the
aforesaid contractor of the nature of the complaint. Notification shall constitute delivery of
notice or letter to address given in proposal. If after three (3) working days of notification,
the conditions are not corrected to the satisfaction of the Purchasing Agent, he shall
thereupon have the power to take whatever action he may deem necessary to complete the
work or delivery herein described, or any part thereof, and the expense thereof, so charged,
shall be deducted from any paid by the County out of such monies as may become due to the
said contractor, under and by virtue of this agreement. In case such expense shall exceed the
last said sum, then and in that event, the bondsman or the contractor, his executors,
administrators, successors or assigns, shall pay the amounts of such excess to the County on
notice by the Purchasing Department or his designee of the excess due.
32. Any complaint from bidders relative to the invitation to bid or any attached specifications
shall be made prior to the time of opening bids, otherwise, the bidder waives any such
complaint.
33. A vendor writing specifications for the County may not be allowed to bid on that project.
34. Contracts may be canceled by the County with or without cause on thirty (30) days advance
written notice.
35. Any bidder affected adversely by an intended decision with respect to the award of any bid,
shall file with the Purchasing Department for St. Johns County, a written notice of intent to
file a protest not later than seventy-two (72) hours (excluding Saturday, Sunday and legal
holidays) after the posting of the bid tabulation. Protest procedures may be obtained in the
Purchasing Department.
Revised 9/09
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Purchasing Department
St. Johns County Board of County Commissioners
Definitions of Evaluation Criteria for
Ranking of Consultants
A. Familiarity with St. Johns County and/or previous professional services in the
project area.
Knowledge of regulations, staff and geography, or prior work for the County in the
geographical area addressed by the RFP, for example, a study, preliminary design or
complete design.
B. Past performance with St.Johns County Government
If the evaluator is unfamiliar with the performance of the firm under consideration, or if
the firm has no experience working with St. Johns County Florida, give 5 points in this
category. Five is considered to be a neutral number. If the firm has experience in the
County, and you have direct and firsthand knowledge of that experience, then rank more
or less than 5 depending on whether their performance was less than average or better
than average.
C. Experiences with similar projects.
Points will be awarded for projects satisfactorily completed, similar in nature to the
proposed project, containing the required disciplines, and similar in size or dollar value.
Also please provide project completion date, design cost, construction cost, owner and
contact name and number.
D. Current workload/proposed project schedule.
A schedule should be submitted showing tentative begin date, progress check-points and
estimated completion date. More points are awarded for shorter project schedules and/or
immediate staff availability to begin/continue work on the project in a timely manner.
E. Quality of Submittal
Response to the Evaluation Criteria, alternatives or proposals to solve anticipated
problems and concerns, budgetary, and cost containment considerations, possible
alternatives for cost savings permitting considerations, if any, and approach to obtaining
such permits.
F. References
To avoid duplication,the Director of , or other designated individual, will
contact and rank references.
BCC APPROVED 9/09
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EXHIBIT n SURPLUS PROPERTY FORM
REQUEST TO TRANSFER/DECLARE SURPLUS
To: Allen MacDonald, Finance Director
Thru: , Purchasing Director or Manager
CC: Connie McDaniel, Fixed Assets Manager-Finance Department
Original Form with signatures must be returned to Finance Dept.
Please issue authority to:Transfer From:
To:
Declare Dispose in accordance with F.S.274.05&274.06 and St.Johns County Purchasing
Surplus Policy
Other
Explanation of Items not transferred or allotted for surplus sale
Trade-In or
Item Description VIN#or Manner of Sale Insurance
SJC# CV# Serial# Condition Location Disposition Amount Recovery
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5
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Required Signatures:
Surplus/Transferring Department Head
(Department Head Signature Only) Date
Reviewed by Fleet Maintenance Manager
If applicable (For hems with CV#ONLY) Date
Witness to asset disposition fapplicable
A wimess is only required if an asset is (Wimessto Disposition ONLY) Date
scrapped or demolished,not sold,traded in or transferred.
Approval Signatures:
Request to declare surplus,transfer or dispose of the above item(s)is granted by:
Purchasing Director or Manager
(For Purchasing Dept Use ONLY) Date
Receiving Department Head Signature
(Foruatsl ofassets ONLY) Date
Posted by Fixed Assets Manager
(ForFinance Dept Use ONLY) Date
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EXHIBIT E
REQUEST FOR APPROVAL FORM
SUBJECT:
SUGGESTED VENDOR: ESTIMATE: $
REASON FOR EXCEPTION TO POLICY: PURCHASING POLICY NUMBER:
A. Standardization D. Only Known Supplier G. Public Safety Emergency
R Snare Partc F Delay nfCnnetntrlinnCnntraetnr H TimeRectrirtinn
C. Replacement Parts F. Environmental Urgency I. _Other
JUSTIFICATION:
REQUISITIONER: DATE:
DEPT.MANAGER: DATE:
DIVISION MANAGER: DATE:
PURCHASING REVIEW
DISPOSITION: A. Concurs with Exception
B. Does not concur with Exception
C. Requires approval(s) as listed below
COMMENTS:
BUYER: DATE: PURCHASING DIRECTOR OR MANAGER: DATE:
MANAGEMENT REVIEW
DISPOSITION: A. Concurs with Exception
B. Does not concur with Exception
COMMENTS:
Assistant County Administrator DATE:
County Administrator DATE:
(Use reverse side for additional comments)
Return to Purchasing when completed
Revised 9/09
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EXHIBIT G (Note: The County uses multiple standard contracts. The following is only one example.)
CONTRACT AGREEMENT
THIS AGREEMENT is made this day of by and between
ST.JOHNS COUNTY, hereinafter called"OWNER", and hereinafter called
"CONTRACTOR".
WITNES SETH: That for and in consideration of the payment and agreements hereinafter
mentioned:
1 . The CONTRACTOR will provide for St. Johns County, Florida.
Contractor will commence with the delivery of to the County Agencies listed in
the Bid Specifications and/or purchase order(s) at the rate of$ /mo. Prices shall remain
firm for the contract term.
ENTIRE AGREEMENT
This CON IRACT constitutes the entire and exclusive agreement between the OWNER and the
CONTRACTOR with reference to the Project. Specifically, but without limitation, this
CONTRACT supersedes any Documents not listed among the CONTRACT DOCUMENTS
described above and all prior written or oral communications, representations and negotiations, if
any, between the OWNER and CONTRACTOR.
2. The CONTRACTOR will provide the service as identified in the CONTRACT
DOCUMENTS to the COUNTY as negotiated by the OWNER. A purchase order will be issued
to the CONTRACTOR for the term.
3. The CONTRACTOR will commence service as required by the CONTRACT
DOCUMENTS beginning and Contract will terminate
This contract agreement may be extended in one year increments for a
maximum of three (3) one year renewals, after negotiations with the Contractor and approval by
the St. Johns County Director of and Purchasing Director or Manager, or their
designees, provided the annual appropriation of funds is available.
4. COOPERATIVE OR PIGGYBACK PURCHASE: ANY BIDDER(S) AWARDED UNDER
THIS BID AGREE(S) THAT SUCH CONSTITUIES A BID PRICE TO ALL STA'L'E, COUNTY
AND LOCAL AGENCIES AND POLITICAL SUBDIVISIONS OF THE STA I'E OF FLORIDA
UNDER THE SAME CONDITIONS, PRICES AND EFFECTIVE PERIOD AS THIS BID,
SHOULD THE AWARDED BIDDER(S) DEEM IT IN THE BEST IN'T'EREST OF THEIR
BUSINESS TO DO SO.
5. The term CONTRACT"DOCUMENTS" means and includes the following:
(1) ADVERTISEMENT FOR BIDS AND INSTRUCTION TO BIDDERS
(2) BID PROPOSAL - COUNTY BID FORM & ATTACHMENT A
(3) BID SPECIFICATIONS & CONDITIONS
(4) CONTRACT AGREEMENT
(5) ATTACHMENTS
(6) ADDENDA
(7) CONTRACTOR'S PROPOSAL DATED
(8) NOTICE OF AWARD
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(9) INSURANCES
(10) Certificates-Exhibit D.
6. The Owner will pay to the CON TRACTOR in the manner at such times and amounts as set
forth in the CONTRACT DOCUMENTS for services,unless otherwise agreed upon.
7. The Contract Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
8. INDEMNITY
8.1 To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the OWNER and employees from and against liability, claims, damages, losses and
expenses, including attorney's fees, arising out of or resulting from performance of the Work,
provided that such liability, claims, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction to tangible property (other than the Work
itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part
by negligent acts or omissions of the CONTRACTOR, a Subcontractor, or anyone directly or
indirectly employed by them or anyone for whose acts they may be liable, regardless of whether
or not such liability, claim, damage, loss or expense is caused in part by a party indemnified
hereunder.
8.2 In claims against any person or entity indemnified under this Paragraph 7.12 by an
employee of the CONTRACTOR, a Subcontractor, any one directly or indirectly employed by
them or anyone for whose acts they may be liable, the indemnification obligation under this
Paragraph 7.1 shall not be limited by a limitation on amount or type of damages, compensation
or benefits payable by or for the CONTRACTOR or a Subcontractor under workers'
compensation acts, disability benefits acts or other employee benefit acts.
9 . GOVERNING LAW 9.1.1 The Contract shall be governed
by the laws of St. Johns County Florida.
10 . SUCCESSORS AND ASSIGNS
10.1 The OWNER and CONTRACTOR bind themselves, their successors, assigns and legal
representatives to the other party hereto and to successors, assigns and legal representatives of
such other party in respect to covenants, agreements and obligations contained in this Contract.
The Contractor shall not assign this Contract without written consent of the OWNER.
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IN WITNESS WHEREOF,the parties hereto have executed or caused to be executed by their
duly authorized officials,this Agreement,three(3)copies of which shall be deemed an original
on the date first above written.
Owner Contractor
St. Johns County Board of
County Commissioners
(Typed Name) Seal (Typed Name) Seal
By: By:
Signature Signature
,Purchasing Director or Manager
Printed Name&Title Printed Name& Title
Date of Execution Date of Execution
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EXHIBIT I
ST. JOHNS COUNTY PURCHASING DEPARTMENT
ST. AUGUSI INIE,FLORIDA
EQUIPMENT RENTAL RA I L FORM
Effective From
Through
ALL EQUIPMENT TO BE UNMANNED,FUELED AND MAINTAINED -Acknowledge by
(Initial Here)
Company Inquiry/Job
Address Date
Representative
Code for Ownership:
1 - Company Owned
Telephone 2-Third Party Rental/Lease
Round Trip Designate
Rental Rates Cost for Owner
Equipment Description(Size,Model,etc.)Hourly Daily Weekly Monthly Mob/Demob Ship
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EXHIBIT I
ST.JOHNS COUNTY PURCHASING DEPARTMENT
ST.AUGUSTINE,FLORIDA
TIME AND MA 1 ERIAL RATE FORM
{
Effective From Through
Company Inquiry/Job
Address Date
Representative
Telephone Purchasing Approval
GENERAL WORKING
A. STRAIGHT TIME CALCULATION SUPT. FOREMAN FOREMAN CRAFTS
1. Base Hourly Rate
2. Insurance&Taxes %x#1
3. Small Tools* %x#1
4. Overhead %x#1
5. Profit %x#1
6. Welfare-Pension
7. Total Straight Time
*NOTE:#A3 will be the Contractor's sole reimbursement for tools and equipment worth$300.00 or less.
B.TIME&ONE-HALF PREMIUM CALCULATION
1.One-half Base Rate
2.Insurance&Taxes %x B 1
3.Total Half Time Premium
C.DOUBLE TIME PREMIUM CALCULATION
I.Base Hourly Rate
2.Insurance&Taxes %x C 1
3.Total Double Time Premium
D. Total Rate- Straight Time(A)
Total Rate-Time and Half(A+B)
Total Rate-Double Time(A+C)
E. Percentage Markup(Overhead and Profit) for the following:
Subcontractors
Material
Third Party Rentals
F. Equipment Rental Cost-A list of all Contractor owned equipment and respective rental rates(giving rental by the hour,day,
week and month-fueled by maintained less operator)must be furnished with time and material rate form
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EXHIBIT J `1 _
_wR
TO: DA l'E:
BID NO:
St.
Johns County
Board of County Commissioners
By:
Purchasing Director or Manager
Name & Title
You are hereby notified to commence work in accordance with the Agreement dated
on or before and you are to have substantially completed work
on or before
Final completion of all work shall be on or before . Your day today
and technical point of contact for this project will be
xc:
ACCEPTANCE OF NOTICE OF AWARD
Receipt of the above NOTICE OF AWARD is hereby acknowledged by
this day of
By:
Printed Name
Title
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EXHIBIT K
ST. JOHNS COUNTY, FLORIDA
Board of County Commissioners
Office of the Purchasing Department 2446 Dobbs Rd PHONE(904)209-0162
Saint Augustine,R FAX(904)209-0163
32086
CONTRACT TASK ORDER
Task Order#to the Contract
Between(Consultant)
And St.Johns County,Florida
For(Type Of Work)
Project:
Cost Code:
SCOPE OF SERVICES
Task Order# is not to exceed: (Amount)
St.Johns County Board of
[consultant] County Commissioners
BY: By:
Date Date:
All terms and conditions of the above referenced contract remain in full force and effect. All invoices must reference Task Order#
cost code. By approving and initialing this task order, the dept is certifying availability of funds. Do not approve/process this task
order until funds are available in the appropriate line item.
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EXHIBIT L
ST.JOHNS COUNTY BOARD OF COUNTY COMMISSIONERS
AFFIDAVIT OF IDENTITY
TO: ST. JOHNS COUNTY BOARD OF COUNTY COMMISSIONERS
ST.AUGUSTINE,FLORIDA
At the time the proposal is submitted,the Bidder shall attach to his bid a sworn statement.
The sworn statement shall be an affidavit in the following form, executed by an officer of the
firm, association or corporation submitting the proposal and shall be sworn to before a person
who is authorized by law to administer oaths.
STAI L OF COUNTY OF . Before
me,the undersigned authority,personally appeared who,
being duly sworn, deposes and says he is (title)
(firm) of the bidder submitting the attached proposal
for the services covered by the bid documents for in
St.Johns County.
The affiant further states that no more than one proposal for the above referenced project will be
submitted from the individual, his firm or corporation under the same or different name and that
such bidder has no financial interest in the firm of another bidder for the same work. That he, his
firm, association or corporation has neither directly, nor indirectly entered into any agreement,
participated in any collusion or otherwise taken any action in restraint of free competitive
bidding in connection with this firm's bid on the above described project. Furthermore, neither
the firm nor any of its' officers are debarred from participating in public contract lettings in any
other state.
(Bidder)
By:
(Title)
Sworn and subscribe to before me this day of
Notary Public
My Commission Expires:
BIDDER ON ALL COUNTY PROJECTS MUST EXECUTE & ATTACH THIS
AFFIDAVIT TO EACH BID.
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EXHBIT M
ADMINISTRATIVE RULES FOR CONSULTANT TASK ORDERS -111116!t
Effective August 2009
This Administrative Rule is supplemental information to Section 307, CONTRACTING FOR
PROFESSIONAL SERVICES, of the Purchasing Policy and Procedure Manual of St. Johns
County, Florida. It applies only to those consultants who have continuing contracts with the
County. A task order authorizes a consultant to perform a specific task or set of tasks for the
County.
Task Orders for less than$100,000.00
A request for a price proposal may be initiated by a department or division. The fee for these task
orders may be negotiated or bid. The cost of preparing formal bids for small value task orders
may outweigh any benefits obtained; therefore, task orders should be rotated between the
consultants as much as practical. However, if the Engineer or Department Head (County
Representative) feels a proposal is unacceptable because of total cost, or any other such factor as
the County may deem appropriate, the County may ask for bids from two or more of the
consultants under contract. The bids may be somewhat informal due to the small dollar value of
the task order. However, as a minimum, the consultant must submit a letter proposal which
includes the statement of work, time frame, unit rates, cost (firm price or not to exceed),
proposed sub-consultants and other costs.
Task Orders exceeding$100.000.00
A formal request for priced proposals should be submitted simultaneously to the appropriate
consultants in each category by the Contracts Division of the Purchasing Department. The
request must include:
1. STATEMENT OF WORK
Consultants may be used to develop/prepare statements of work in those cases where the project
is complex or lengthy and County Staff does not have the expertise or time to develop the scope.
A separate task order will be written for scope development/preparation. A Consultant will not
be allowed to perform the work on a project for which they prepared the scope.
The statement of work will provide each consultant with a complete description of the project
requirement, location where the services are to be performed, contact person for the County for
questions or clarifications including the telephone number, and time frame for performance of
the work. The County may ask the Consultants for solutions and/or alternative proposals and to
identify unacceptable conditions. Any questions/clarifications with one consultant must be
forwarded to all consultants.
2. SUBMISSION OF PROPOSAL
The County must indicate when the proposal is due back to the County. All proposals should be
delivered to the County purchasing department to the attention of the Contract Specialist. If the
County does not receive a submittal on time from any Consultant, the County will interpret this
to mean the Consultant has chosen not to participate in the process for that particular project and
will be considered non-responsive.
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3. EVALUATION CRITERIA
The Criteria for Selection should be established and mailed with the statement of work and
request for proposal. All responding Consultants must be evaluated utilizing the same criteria
and the criteria must be appropriate and reasonable. The evaluation criteria may differ from
Division to Division or project to project depending on the type of work that is required and the
complexity of the work.
The award will be made based on dollar value, time frame for the work to be accomplished,
related professional experiences, the personnel assigned to the project, or a combination of
factors that, in the opinion of County, merit heavily on this particular project. Please refer to the
sample evaluation sheet and definitions attached in Exhibit A.
The Department Requestor and the Purchasing Department will determine the criteria and the
weight assigned to each criterion for each project. IF THE EVALUATION COMMITTEE
MEETS TO DISCUSS SUBMITTALS AND DEIERMINE SELECTION, THE MEETING IS
SUBJECT TO THE REQUIREMENTS OF THE SUNSHINE LAW AND PUBLIC
NOTIFICATION AND ACCOMODATION MUST BE PROVIDED.
The County will attempt to utilize the Consultants under contract to the maximum degree but
reserves the right to advertise those bids for which the County feels is not competitive or for
which a timely schedule has not been presented.
NEGOTIATIONS
A LEAD NEGOTIATOR will be established who will be the Consultants primary contact for all
issues during the negotiations phase. The LEAD NEGOTIATOR will generally be someone
from the user or requestor department such as the Project Manager, Project Engineer, or
Department Head. During the entire negotiation process, a record should be kept of all issues
raised and their resolution.
The County will normally conduct negotiations with only one consultant at a time. If an
agreement cannot be reached with the highest ranked firm that firm shall be notified verbally
and in writing (faxes are acceptable, with mailed original follow up) of the County's intent to
discontinue negotiations effective at a specified hour, day, month and year. The County will then
undertake negotiations with the next highest ranked firm. This process will proceed sequentially
until a satisfactory contract is negotiated or the determination is made that a new solicitation of
proposals is desirable. Prior approval by the Purchasing Director or Manager and the
appropriate Department Head shall be required before negotiations are conducted with
two firms simultaneously.
Major items to be negotiated include, but are not limited to, Scope of Services, Work Effort, or
staff hours by discipline and cost of these services.
A. Scope of Services
Responsible party-Lead Negotiator
The initial Scope of Services is provided by the County and forms the basis for the Consultant's
proposal. Changes to the initial Scope of Services, during negotiations can be one of the major
factors affecting the fee.
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If the initial scope is well written, it will clearly establish those details most significant to the
project, including the tasks to be performed, the material to be delivered, meetings to be
attended, project schedule with milestones, specific equipment to be used, standards to be
followed and the responsibilities of both the Consultant and the County. Changes to this scope
should be undertaken carefully. The final scope of services as negotiated will become a key
part of the contract.
B. Negotiation of Work Effort
Responsible party-Lead Negotiator.
The objective of negotiating work effort is to ensure that the numbers of proposed staff hours,
and the distribution of these hours among the various disciplines, are appropriate for the project.
The lead negotiator should begin the process with the County's estimate of man-hour
requirements and the application of industry standards. While it may be helpful to review the
man-hour proposals from other firms competing for the same project, these should not be used
directly in the negotiation process.
C. Negotiation of Cost of Services Responsible party-Lead
Negotiator and Purchasing/Contracts Manager
In all cases above,the consultant will be required to submit detailed backup to support the price
quote. See Exhibit B. The detailed backup will include the following:
• Fee proposal showing major tasks
• Number of hours per tasks by labor classification
• Base hourly rate (exclusive of overhead, fringes and profit margin) for each labor
classification
• Multipliers showing billing rates per hour
• Audited, or self certified, financial statements showing general administrative overhead,
fringe benefits, direct labor, indirect labor.
• Written quotes from vendors, subcontractors with detailed breakdown.
• Direct costs-copying, blueprinting, etc. with detail.
• Unit rates to compute travel. (Note: Travel by passenger car limited to .445/per mile.)
• Operating Margin.
Use of a sub-contractor(who must be clearly identified) is acceptable.No more than 49 percent
of any project may be subcontracted without the specific written consent of the County. Sub-
contracting to any firm or individual whose current or past corporate or other interests may, in
the opinion of the County, give rise to a conflict of interest in connection with this project will
not be permitted.
The County may award task orders based on firm fixed prices or an amount not to exceed a
maximum dollar value. This decision will be at the discretion of the County. To expedite the
process of task orders based on "not to exceed" values the County may ask each firm to submit
standard Time and Material Rates which are kept on file with the master agreement in the
Purchasing Department.
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MAXIMUM COMBINED OVERHEAD RA'Z'E
The maximum allowable multiplier is 2.75 times the base wage rate. Documentation must
support the multiplier used. The County may ask for and accept the DOT Audited Overhead
Rate or, in the absence of the DOT Rate, the Purchasing/Contracts Department may ask the firm
to provide the overhead rate as determined by a CPA firm using generally accepted accounting
procedures or a SELF-CER'1'LFICATION OF ACCOUNTING SYS 1'EM AND OVERHEAD
RA 1'E. See Exhibit C
LIMITING AMOUNTS OF TASK ORDERS
Projects which fall outside of the specified scope of services described in the requests for
proposals and continuing contract can be undertaken by the consultant under the continuing
contract provided the individual project's cost are below the $1,000,000.00 Construction Cost
Estimate or $50,000.00 for a study activity. The Purchasing Policy allows these threshold levels
to float depending on changes in the statutory requirements.
Projects which fall within the specified scope of services described in the requests for proposals
and continuing contract do not have a statutory limit and can be undertaken by the consultant
under the continuing contract with no dollar limitation. However, funding must have been
provided through the approved budgeting process which includes BOCC Approval.
TASK ORDER APPROVAL PROCESS
All task orders must be reviewed and approved (initialed) by the Purchasing Director or
Manager, Project Manager and Department or Division Head prior to sending to the
Consultant for review, acceptance, and signature. After acceptance and signature by the
consultant, task orders may by accepted and executed for the County by the Purchasing
Director or Manager, Assistant County Administrator or the County Administrator.
CONSULTANT PERFORMANCE EVALUATIONS
A formal evaluation sheet should be completed for all completed task orders.
The threshold grade for satisfactory performance by a consultant will be 70. A grade of 70 is
considered the minimum accepted grade for a consultant to remain on the active qualified list for
each type of work and be considered for future selections.
A grade below 60 will cause the consultant to be suspended from the active qualified list for a
period up to six-months, or more, for each type of work graded within this range. These
suspensions will be for each type of work where the final grade falls within these numerical
ranges. A copy of each performance evaluation should be mailed to the consultant as soon as the
project is completed.
In those cases where the Consultant, must be suspended from the active qualified list, this action
will be taken only after the Purchasing Director or Manager has had the opportunity to review the
particular circumstances of the case and comment. If suspended, the Purchasing and Contracts
Division will send the grades with a Notice of Intent to Suspend to the Consultant's Project
Manager and the executive who executed the agreement.
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Packet Page-574-
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Purchasing Department
St. Johns County Board of County Commissioners
=.j it Definitions of Evaluation Criteria for
Ranking of Task Orders
A. Cost (Dollars) Enter the Consultants
proposed dollar amount.
B. Cost (Score)
Price is included as one of the evaluation criteria; the lowest priced proposal should
receive the maximum weighted score for the price criteria. The other proposals should
receive a percentage of the weighted score based on the percentage differential between
the lowest proposal and the other proposals in accordance with the following example:
PROPOSED WEIGHTED
VENDOR PRICE PERCENTAGE BY WEIGHT EQUALS SCORE
A $20,000 100 X 10 = 10
B $25,000 80* X 10 = 8
C $28,000 71* X 10 = 7
* Vendor B's percentage is $20,000 . $25,000=80%
** Vendor C's percentage is $20,000 . $28,000 = 71%
*** Weighted Score shall be rounded to nearest whole number
The price evaluation and calculation may be revised to conform to the needs for each
individual RFP selection.
C. Previous Professional Services in the Project Area
Knowledge of regulations, staff and geography, or prior work for the County in the
geographical area addressed by the RFP, for example, a study, preliminary design or
complete design.
D. Past performance with St.Johns County Government
If the evaluator is unfamiliar with the performance of the firm under consideration, or if
the firm has no experience working with St. Johns County Florida, give 5 points in this
category. Five is considered to be a neutral number. If the firm has experience in the
County, and you have direct and firsthand knowledge of that experience, then rank more
or less than 5 depending on whether their performance was less than average or better
than average.
E. Ability to Meet Project Schedule
A schedule should be submitted showing tentative begin date,progress checkpoints and
estimated completion date. More points are awarded for shorter project schedules and/or
immediate staff availability to begin/continue work on the project in a timely manner.
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Packet Page -576-
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SELF-CERTIFICATION OF ACCOUNTING SYSTEM AND OVERHEAD RATE
(For consultants qualifying for fees under$250,000)
Consultant Name FEID No.
Contact Name Phone No:
E-Mail
I. ACCOUNTING QUESTIONNAIRE
1. General
Fiscal year used by firm?
Overhead statement on cash or accrual basis?
2. Labor Costs(Time Sheets)Yes or No
Are time sheets kept by all employees?
Do time sheets indicate project and overhead accounts?
Are time sheets signed by employees?
Are time sheets reviewed and signed by supervisors?
Are payroll expenditures distributed to appropriate accounts based on time sheets?
Is there a payroll register prepared for every pay period?
3. Work Loes(For work billed as cost per unit of work)
Do work logs identify the project?
Are work logs maintained for all projects?
4. Expenditures
Are all expenditures identified and recorded in the general ledger as overhead or direct costs?
Are direct costs identified as direct charges to projects regardless of eligibility for reimbursement?
5. Accounting for Costs and Expenses
Does the general ledger separate direct costs from indirect(overhead)costs?
Is a job cost ledger or report maintained for every project?
6. Estimating Costs for Price Proposals
Is the method of estimating costs for pricing purposes consistent with the accumulation
and reporting of costs under your job cost system?
To demonstrate the tracking of costs through your accounting system, please attach a typical completed
time sheet, corresponding payroll register, project cost ledger or report, a page from the general ledger
and the chart of accounts. This documentation should only be submitted with the initial qualification
package.
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SELF CERTIFICATION OF ACCOUNTING SYSTEM AND OVERHEAD RATE
D. OVERHEAD RATE SUMMARY FOR YEAR ENDING
Overhead rate is calculated by dividing total allowable overhead cost by total direct labor cost. For this calculation,
certain indirect expenses, such as interest, certain advertising costs, etc., must be excluded from overhead in
accordance with Federal Acquisition Regulations, Sub Part 31.2. These regulations may be viewed on the Internet
at www.arnet.gov/far/. If a field office is needed, a separate determination should be performed per Part IV of
Section]of the FDOT Overhead Audit Guidelines.
Description Home Office Field Office
Fringe Benefit Rate
General Overhead Rate
Combined Rate
An overhead cost summary must be attached to this certification with any excluded items identified.
III. COMPUTATION OF FACILITIES CAPITAL COST OF MONEY(FCCM)
If you charge for FCCM,show calculation below:
Capital Assets: FY Begin$ FYEnd$_
Average$
Average US Treasury Rate'
Facilities Capital Cost(Average Assets x Rate) $
Direct Labor for FY$
FCCM Rate(Facility Capital Cost/Direct Labor)
IV. BILLING RATES FOR ALLOCATED EXPENSES
List any direct expenses that are consistently charged to clients and excluded from overhead
Item Rate
V. CERTIFICATION
It is hereby certified that the accounting system for this firm meets the minimum requirements identified above and
that all information contained hereon,including attachments,is true and correct.
Signature: Date:
Name: Title:
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7-i" . ST JOHNS COUNTY FLORIDA
CONSULTANT WORK PERFORMANCE EVALUATION
Contract No/Bid No/Task Order Number:
Consultant Name:
County Project Manager:
TEST LEVEL OF X
PERFORMANCE Multiplier = SCORE
(1-5)
1.0 Effectiveness in accomplishing
the intent and scope of the contracted
services as determined from the
completeness of scheduled submittals. 5
2.0 Knowledge and application of the
County criteria, standards, and Procedures
3.0 Effectiveness in working with all involved
project personnel including County staff,other 3
consultants and citizens.
4.0 Effectiveness in selecting,scheduling,
directing and managing subconsultants. 3
5.0 Effectiveness in keeping to a minimum
the unnecessary involvement of County Staff 2
6.0 Effectiveness in management of this
contract and budget 2
CONSULTANT GRADE*
Level of Performance
10 Unsatisfactory Performance Instructions: Assign a level of performance for each
20 Marginal Performance criterion above and multiply by weight factor to obtain
310 Average Performance actual score. Sum for total management grade.Route
4.0 Good Performance to Purchasing/Contracts Department after completion.
5.0 Excellent Performance *NOTE: A GRADE BELOW 60 MAY RESULT IN
SUSPENSION OF THE CONSULTANT.
DEPARTMENT/DIVISION HEAD
Signature Date
PURCHASING DIRECTOR OR MANAGER
Signature Date
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EXHIBIT N
ST. JOHNS COUNTY
PURCHASING DEPARTMENT
2446 Dobbs Road
u.M1 1 - - -- St. Augustine, Florida 32086
01`R'
al
IN '1' E ROFFICEMEMORAN 1) U M
TO:
FROM: Purchasing Director or Manager
SUBJECT:
DATE:
Your assistance has been requested in reviewing these proposals. Please find
enclosed the proposals for this Project. Please complete your evaluations
individually, without discussion with any other person(s). The mandatory St.
Johns County Evaluation Review Meeting is on Thursday at 9 am in the Purchasing
Conference Room for the purpose of staff ranking and short-listing respondents to
the request for proposals. Please have your preliminary evaluation ratings
completed. The purpose of the meeting is to compile the individual rankings and
short-list respondents for eventual presentation to the BCC on an agenda item at a
later date.
If any questions should arise on a firm's proposal, it would be an opportunity for
them to respond as clarification, but this is not a forum for firms to make
presentations
As previously advised, please do not discuss your evaluations or the ranking
WITH ANYONE outside of this meeting, including immediately after the
conclusion of the meeting. All inquires should be directed thorough the
Purchasing Department until contract award has been made.
If you find you cannot attend the scheduled meeting, please give at least two days
notice to the Purchasing Director or Manager, as this is a required public meeting,
and we must post notice and notify the affected firms of any rescheduling.
Please call the Purchasing Department on 209-0150, if there are any questions.
Purchasing will prepare the agenda item and subsequent contract
Attachments: Detailed RFP
Addenda
Evaluation Criteria
Evaluation Sheet
Proposals
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EXHIBIT 0
STANDARD AGREEMENT
BETWEEN
OWNER AND CONTRACTOR
1992 EDITION
These Contract Documents should be used only after consultation with counsel. The documents
are not intended as legal advice appropriate to any specific situation, nor do they purport to
address all issues, which may arise between the contracting parties. The documents should be
amended or supplemented where appropriate in order to address contractual concerns.
This Agreement is made , 2003 by and between St. Johns County Board of
County Commissioners (hereinafter referred to as the Owner) and
(hereinafter referred to as the Contractor) under seal for construction of Construction of
(hereinafter referred to as the Project), the Owner and the Contractor hereby agreeing as follows:
ARTICLE I
THE CONTRACT AND THE CONTRACT DOCUMENTS
1.1 The Contract
1.1.1 The Contract between the Owner and the Contractor, of which this Agreement is a part,
consists of the Contract Documents. It shall be effective on the date this Agreement is executed
by the last party to execute it.
1.2 The Contract Documents
1.2.1 The Contract Documents consist of this Agreement, the Bid Documents and Bid Forms,
Specifications, all Change Orders and Field Orders issued hereafter and executed by the parties
and the Engineers, any other amendments hereto executed by the parties hereafter, together with
the following(if any):
(Here list any additional Contract Documents such as addenda special conditions,supplemental
conditions, etc.)
Documents not enumerated in this Paragraph 1.2.1 are not Contract Documents and do not form
part of this Contract.
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1.3 Entire Agreement
1.3.1 This Contract, together with the Contractor's Public Construction Bond for the Project,
constitutes the entire and exclusive agreement between the Owner and the Contractor with
reference to the Project. Specifically, but without limitation, this Contract supersedes any Bid
Documents not listed among the Contract Documents described above and all prior written or
oral communications, representations and negotiations, if any, between the Owner and
Contractor.
1.4 No Privity with Others
1.4.1 Nothing contained in this Contract shall create, or be interpreted to create, privity or any
other contractual agreement between the Owner and any person or entity other than the
Contractor.
1.5 Intent and Interpretation
1.5.1 The intent of this Contract is to require complete, correct and timely execution of the
Work. Any Work that may be required, implied or inferred by the Contract Documents, or any
one or more of them, as necessary to produce the intended result shall be provided by the
Contractor for the Contract Price.
1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally
consistent. What is required by any one Contract Document shall be considered as required by
the Contract.
1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed,
first, as defined herein; second, if not defined, according to its generally accepted meaning in the
construction industry; and third, if there is no generally accepted meaning in the construction
industry; according to its common and customary usage.
1.5.4 The words include, includes or including, as used in this Contract, shall be deemed to be
followed by the phrase"without limitation".
1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or
condition as constituting a material breach of this Contract shall not imply that any other, non-
specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to
constitute a material breach of this Contract.
1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and
plural forms,unless the context of their usage clearly requires a contrary meaning.
1.5.7 The Contractor shall have a continuing duty to read, carefully study and compare each of
the Contract Documents, the Shop Drawings and the Product Data and shall give written notice
to the Engineer and the Owner of any inconsistency, ambiguity, error or omission which the
Contractor may discover with respect to these documents before proceeding with the affected
Work. The issuance, or the express or implied approval by the Owner or the Engineer of the
Contract Documents, Shop Drawings, or Product Data shall not be evidence of the Contractor's
compliance with this Contract. The Owner has requested the Engineer to only prepare
documents for the Project, including the Drawings and Specifications for the Project, which are
accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE
OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE
WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the
execution hereof, the Contractor acknowledges and represents that it has received, reviewed and
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carefully examined such documents, has found them to be complete, accurate, adequate,
consistent, coordinated and sufficient for construction, and that the Contractor•has not, does not,
and shall not rely upon any representation or warranties by the Owner concerning such
documents as no such representation or warranties have been or are hereby made.
1.5.8 As between numbers and scaled measurements on the Drawings the numbers shall
govern; as between larger scale and smaller scale drawings,the larger scale shall govern.
1.5.9 Neither the organization of any of the Contract Documents into divisions, sections,
paragraphs, articles, (or other categories), nor the organization or arrangement of the Design,
shall control the Contractor in dividing the Work or in establishing the extent or Scope of Work
to be performed by Subcontractors.
1.6 Ownership of Contract Documents
1.6.1 The Contract Documents shall remain the property of the Owner. The Contractor shall
have the right to keep one record set of the Contract Documents upon completion of the Project;
provided, however, that in no event shall Contractor use, or permit to be used, any or all of such
Contract Documents on other projects without Owner's prior written authorization.
ARTICLE II
THE WORK
2.1 The Contractor shall perform all of the Work required, implied or reasonably inferable
from,this Contract.
2.2 The term `Work" shall mean whatever is done by or required of the Contractor to
perform and complete its duties under this Contract, including the following: construction of the
whole or a designated part of the Project in the manner set forth in the Contract Documents;
furnishing of any required Surety Bonds and insurance; and the provision or furnishing of labor,
supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools,
transportation, storage, power, permits and licenses required of the Contractor, fuel, heat, light,
cooling and all other utilities as required by this Contract. The Work to be performed by the
Contractor is generally described as follows:
Construction of[Project Named per contract documents
and shall include furnishing the Owner with as-built drawings for the description of Work which
County desires as-builts.
ARTICLE III
CONTRACT TIME
3.1 Time and Liquidated Damages
3.1.1 The Contractor shall commence the Work within ten (10) calendar days from the date of
the Notice to Proceed and shall Substantially Complete all Work within ( ) consecutive
calendar days from the date of the Notice to Proceed. Final Completion shall be thirty (30)
consecutive calendar days after Substantial Completion.
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The number of calendar days from the date on which the Work is permitted to proceed,through
the date set forth for Final Completion, shall constitute the"Contract Time".
3.1.2 The Contractor shall pay the Owner the sum of$ per day for each and every
calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth
herein for Substantial Completion of the Work. Any sum's due and payable hereunder by the
Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate
of delay damages likely to be sustained by the Owner, estimated at or before the time of
executing this Contract. When the Owner reasonably believes that Substantial Completion shall
be inexcusably delayed the Owner shall be entitled, but not required, to withhold from any
amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to
recover liquidated damages applicable to such delays. If and when the Contractor overcomes the
delay in achieving Substantial Completion, or any part thereof, for which the Owner has
withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but
no longer applicable, as liquidated damages.
3.2 Substantial Completion
3.2.1 "Substantial Completion" shall mean that stage in the progression of the Work when the
Work is sufficiently complete in accordance with this Contract that the Owner can enjoy
beneficial use or occupancy of the Work and can utilize the Work for its intended purpose.
3.3 Time is of the Essence
3.3.1 All limitations of time set forth in the Contract Documents are of the essence of this
Contract.
ARTICLE IV
CONTRACT PRICE
4.1 The Contract Price
4.1.1 The Owner shall pay, and the Contractor shall accept, as full and complete payment for
all the Work required herein the fixed sum of $ . The sum set forth in the
Paragraph 4.1 shall constitute the Contract Price, which shall not be modified except by Change
Order as provided in this Contract.
ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 Schedule of Values
5.1.1 Within ten (10) calendar days of the effective date hereof, the Contractor shall submit to
the Owner and to the Project Director a Schedule of Values allocating the Contract Price to the
various portions of the Work. The Contractor's Schedule of Values shall be prepared in such
form, with such detail, and supported by such data as the Project Director or the Owner may
require to substantiate its accuracy. The Contractor shall not imbalance it's Schedule of Values
nor artificially inflate any element thereof. The violation of this provision by the Contractor
shall constitute a material breach of this Contract. The Schedule of Values shall be used only as
a basis for the Contractor's Applications for Payment and shall only constitute such basis after it
has been agreed upon in writing by the Project Director and the Owner. The Owner may
terminate this Contract without liability of any kind if the Schedule of Values is not agreed upon
within fifteen(15) calendar days of the effective date hereof.
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5.2 Payment Procedure
5.2.1 The Owner shall pay the Contract Price to the Contractor as provided below.
5.2.2 Progress Payments - Based upon the Contractor's Applications for Payment submitted to
the Project Director and upon Certificates for Payment subsequently issued to the Owner by the
Project Director, the Owner shall make progress payments to the Contractor on account of the
Contract Price.
5.2.3 On or before the fifteen (15) day of each month after commencement of the Work, the
Contractor shall submit an Application for Payment for the period ending the thirtieth (30th) day
of the previous month to the Project Director in such form and manner, and with such supporting
data and content, as the Project Director may require. Therein, the Contractor may request
payment for ninety percent(90%) of that portion of the Contract Price properly incorporated in
the Work less the total amount of previous payments received from the Owner.
Such Application for Payment shall be signed by the Contractor and shall constitute the
Contractor's representation that the Work has progressed to the level for which payment is
requested that the Work has been properly installed or performed in full accordance with this
Contract, and that the Contractor knows of no reason why payment should not be made as
requested. Thereafter, the Project Director and Engineer shall review the Application for
Payment and may also review the Work at the project site or elsewhere to determine whether the
quantity and quality of the Work is as represented in the Application for Payment and is as
required by this Contract. The Project Director shall determine and certify to the Owner the
amount properly owing to the Contractor. The Owner shall make partial payments on accounts
of the Contract Price within thirty (30) days following the Project Director's receipt of each
Application for Payment. The amount of each partial payment shall be the amount certified for
payment by the Project Director less such amounts, if any, otherwise owing by the Contractor to
the Owner or which the Owner shall have the right to withhold as authorized by this Contract.
The Project Director's certification of the Contractor's Application for Payment shall not
preclude the Owner from the exercise of any of its rights as set forth in Paragraph 5.3 here in
below.
5.2.4 The Contractor warrants that title to all Work covered by an Application shall pass to the
Owner no later than time of payment. The Contractor further warrants that upon submittal of an
Application for Payment, all Work for which payments have been received from the Owner shall
be free and clear of liens, claims, security interest or other encumbrances in favor of the
Contractor or any other person or entity whatsoever.
5.2.5 The Contractor shall promptly pay each Subcontractor out of the amount paid to the
Contractor on account of such Subcontractor's Work, the amount to which such Subcontractor is
entitled. In the event the Owner becomes informed that the Contractor has not paid a
Subcontractor as herein provided, the Owner shall have the right, but not the duty, to issue future
checks in payment to the Contractor of amounts otherwise due hereunder naming the Contractor
and such Subcontractor as joint payees. Such joint check procedure, if employed by the Owner,
shall create no rights in favor of any person or entity beyond the right of the named payees to
payment of the check and shall not be deemed to commit the Owner to repeat the procedure in
the future.
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5.2.6 No progress payment, nor any use or occupancy of the Project by the Owner,
shall be interpreted to constitute acceptance of any work not in strict accordance with
this contract.
5.3 Withheld Payment
5.3.1 Owner may decline to make payment, may withhold funds and, if necessary, may
demand the return of some or all of the amounts previously paid to the Contractor, to protect the
Owner from loss because of:
a) defective Work not remedied by the Contractor nor, in the opinion of the Owner,
likely to be remedied by the Contractor;
b) claims of third parties against the Owner or the Owner's property;
c) failure by the Contractor to pay Subcontractors or others in a prompt and proper
fashion;
d) evidence that the balance of the Work cannot be completed in accordance with the
Contract for unpaid balance of the Contract Price;
e) evidence that the Work shall not be completed in the time required for Substantial or
Final Completion;
f) persistent failure to carry out the Work in accordance with the Contract;
g) damage to the Owner or a third party to whom the Owner is, or may be, liable.
In the event that the Owner makes written demand upon the Contractor for amounts previously
paid by the Owner as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly
comply with such demand.
5.4 Unexcused Failure to Pay
5.4.1 If within ten (10) days after the date established herein for payment to the Contractor by
the Owner, the Owner, without cause or basis hereunder, fails to pay the Contractor any amount
due and payable to the Contractor, then the Contractor may after seven (7) additional days'
written notice to the Owner and the Project Director, and without prejudice to any other available
rights or remedies it may have, stop the Work until payment of those amounts due from the
Owner have been received. Any payment not made within ten (10) days after the date due shall
bear interest at the rate of 12 percent(12%) per annum.
5.5 Substantial Completion
5.5.1 When the Contractor believes the Work is Substantially Complete, the Contractor shall
submit to the Project Director a list of items to be completed or corrected. When the Project
Director on the basis of an inspection determines that the Work is in fact Substantially Complete,
he shall prepare a Certificate of Substantial Completion which shall establish the date of
Substantial Completion, shall state the responsibilities of the Owner and the Contractor for
Project security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix
the time within which the Contractor shall complete the items listed therein. Guarantees required
by the Contract shall commence on the date of Substantial Completion of the Work. The
Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for
their written acceptance of the responsibilities assigned to them in such certificate.
Until Final Completion and acceptance of the Work by the Owner, the Owner shall pay the
Contractor an amount equal to ninety percent (90%) of the Contract price. Ten Percent (10%) of
the Contract Price shall be retained until Final Completion, acceptance of the Work by the
Owner and Final Payment to the Contractor.
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5.6 Final Completion and Final Payment
5.6.1 When all the Work is finally complete and the Contractor is ready for a Final Inspection,
it shall notify the Owner and the Project Director thereof in writing. Thereupon, the Project
Director shall make Final Inspection of the Work and, if the Work is complete in full accordance
with this Contract and this Contract has been fully performed, the Project Director shall promptly
issue a Final Certificate for Payment and if required to repeat its Final Inspection of the Work,
the Contractor shall bear the cost of such repeat Final Inspection(s) which cost may be deducted
by the Owner and all other Authorities having jurisdiction under Florida Laws or regulations.
5.6.1.1 If the Contractor fails to achieve Final Completion within the time fixed therefore by the
Engineer in its Certificate of Substantial Completion, the Contractor shall pay the Owner the sum
of $ per day for each and every calendar day of unexcused delay in achieving Final
Completion beyond the date set forth herein for Final Completion of the Work. Any sum's due
and payable hereunder by the Contractor shall be payable, not as penalty, but as liquidated
damages representing an estimate of delay damages likely to be sustained by the Owner,
estimated at or before the time of executing the Contract. When the Owner reasonably believes
that Final Completion shall be inexcusably delayed, the Owner shall be entitled, but not required,
to withhold from any amounts otherwise due the Contractor an amount then believed by the
Owner to be adequate to recover liquidated damages applicable to such delays. If and when the
Contractor overcomes the delay in achieving Final Completion, or any part thereof, for which the
Owner has withheld payment, the Owner shall promptly release to the Contractor those funds
withheld, but no longer applicable, as liquidated damages.
5.6.2 The Contractor shall not be entitled to Final Payment unless and until it submits to the
Project Director its affidavit that all payrolls, invoices for materials and equipment, and other
liabilities connected with the Work for which the Owner, or the Owner's property might be
responsible, have been fully paid or otherwise satisfied; releases and waivers of claims and lien
from all Subcontractors of the Contractor and of any and all other parties required by the Project
Director or the Owner; consent of Surety, if any, to Final Payment. If any third party fails or
refuses to provide a release of claim or waiver of a lien as required by Owner the Contractor
shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner
from liability.
5.6.3 The Owner shall make Final Payment of all sums' due the Contractor within thirty (30)
days of the Project Director's execution of a Final Certificate for Payment.
5.6.4. Acceptance of Final Payment shall constitute a waiver of all claims against the Owner by
the Contractor except for those claims previously made in writing against the Owner by the
Contractor, pending at the time of Final Payment, and identified in writing by the Contractor as
unsettled at the time of its request for Final Payment.
ARTICLE VI
THE OWNER
6.1 Information, Services and Things Required from Owner
6.1.1 The Owner shall furnish to the Contractor, at the time of executing this Contract, any and
all written and tangible material in its possession concerning conditions below ground at the site
of the Project. Such written and tangible material is furnished to the Contractor only in order to
make complete disclosure of such material and for no other purpose. By furnishing such
material, the Owner does not represent, warrant, or guarantee its accuracy either in whole, in
part, implicitly, or at all, and shall have no liability therefore. The Owner shall also furnish
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surveys, legal limitations and utility locations (if known), and a legal description of the Project
site. Copies may be provided instead of originals.
6.1.2 Excluding permits and fees normally the responsibility of the Contractor,the Owner shall
obtain all approvals, easements, and the like required for construction.
6.1.3 The Owner shall furnish the Contractor, free of charge, 5 copies of the Contract
Documents for execution of the Work. The Contractor shall be charged, and shall pay the Owner
$25.00 per additional set of Contract Documents which it may require.
6.2 Right to Stop Work
6.2.1 If the Contractor persistently fails or refuses to perform the Work in accordance with this
Contract, the Owner may order the Contractor to stop the Work, or any described portion thereof,
until the cause for stoppage has been corrected, no longer exists, or the Owner orders that Work
be resumed. In such event,the Contractor shall immediately obey such order.
6.3 Owner's Right to Perform Work
6.3.1 If the Contractor's Work is stopped by the Owner under Paragraph 6.2, and the
Contractor fails within seven (7) days of such stoppage to provide adequate assurance to the
Owner that the cause of such stoppage shall be eliminated or corrected, the Owner may, without
prejudice to any other rights or remedies the Owner may have against the Contractor, proceed to
carry out the subject Work.
In such a situation, an appropriate Change Order shall be issued deducting from the Contract
Price the cost of correcting the subject deficiencies, and compensation for the Owner's additional
services and expenses necessitated thereby, if any. If the unpaid portion of the Contract Price is
insufficient to cover the amount due the Owner, the Contractor shall pay the difference to the
Owner.
ARTICLE VII
THE CONTRACTOR
7.1 The Contractor is again reminded of its continuing duty set forth in Subparagraph 1.5.7.
The Contractor shall perform no part of the Work at any time without adequate Contract
Documents or, as appropriate, approved Shop Drawings, Product Data or Samples for such
portion of the Work. If the Contractor performs any of the Work where Contractor knows or
should know such work involves a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Project Director and the Owner, the Contractor shall bear
responsibility for such performance and shall bear the cost of correction.
7.2 The Contractor shall perform the Work strictly in accordance with this Contract.
7.3 The Contractor shall supervise and direct the Work using the Contractor's best skill,
effort and attention. The Contractor shall be responsible to the Owner for any and all acts or
omissions of the Contractor, its employees and other engaged in the Work on behalf of the
Contractor.
7.4. Warranty
7.4.1 The Contractor warrants to the Owner that all labor furnished to progress the Work under
this Contract shall be competent to perform the tasks undertaken, that the product of such labor
shall yield only first-class results, that materials and equipment furnished shall be of good
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quality, free from faults and defects and in strict conformance with this Contract. This warranty
shall survive termination of this Contract and shall not be effected by Final Payment hereunder.
All Work not conforming to these requirements may be considered defective.
75 Contractor shall obtain and pay for all permits, fees and licenses necessary and ordinary
for the Work. The Contractor shall comply with all lawful requirements applicable to the Work
and shall give and maintain any and all notices required by applicable law pertaining to the
Work.
7.6 Supervision
7.6.1 The Contractor shall employ and maintain at the Project site only competent supervisory
personnel. Absent written instruction from the Contractor to the contrary, the superintendent
shall be deemed the Contractor's authorized representative at the site and shall be authorized to
receive and accept any and all communications from the Owner or Assignees.
7.6.2 Key supervisory personnel assigned by the Contractor to this Project are as follows:
Name Function
So long as the individuals named above remain actively employed or retained by the Contractor,
they shall perform the functions indicated next to their names unless the Owner agrees to the
contrary in writing. In the event one or more individuals not listed above subsequently assume
one or more of those functions listed above, the Contractor shall be bound by the provisions of
this Subparagraph 7.6.2 as though such individuals have been listed above.
7.7 The Contractor, prior to commencing the Work, shall submit to the Project Director for
his information, the Contractor's schedule for completing the Work. The Contractor's schedule
shall be revised no less frequently than monthly (unless the parties otherwise agree in writing)
and shall be revised to reflect conditions encountered from time to time and shall be related to
the entire Project. Each sum revision shall be furnished to the Project Director. Failure by the
Contractor to strictly comply with the provisions of this Paragraph 7.7 shall constitute a material
breach of this Contract.
7.8 The Contractor shall continuously maintain at the site, for the benefit of the Project
Director, one record copy of this Contract marked to record on a current basis changes,
selections and modifications made during construction. Additionally, the Contractor shall
maintain at the site for the Project Director the approved Product Data, Samples and other similar
required submittals. Upon Final Completion of the Work, all of these record documents shall be
delivered to the Owner.
7.9 Product Data and Samples
7.9.1 Product Data, Samples and other submittals from the Contractor do not constitute
Contract Documents. Their purpose is merely to demonstrate the manner in which the
Contractor intends to implement the Work in conformance with the information received from
the Contract Documents. All Product Data, Samples and other submittals shall belong to the
Owner and shall be delivered, or returned to Owner, as applicable, prior to Substantial
Completion.
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7.10 Cleaning the Site and the Project
7.10.1 The Contractor shall keep the site reasonably clean during performance of the Work.
Upon Final Completion of the Work, the Contractor shall clean the site and the Project and
remove all waste,together with all of the Contractor's property there from.
7.11 Access to Work
7.11.1 The Owner and the Project Director shall have access to the Work at all times from
commencement of the Work through Final Completion. The Contractor shall take whatever
steps necessary to provide access when requested.
7.12 Indemnity
7.12.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the Owner and employees from and against liability, claims, damages, losses and expenses,
including attorney's fees, arising out of or resulting from performance of the Work, provided that
such liability, claims, damage, loss or expense is attributable to bodily injury, sickness, disease
or death, or injury to or destruction to tangible property (other than the Work itself) including
loss of use resulting there from, but only to the extent caused in whole or in part by negligent
acts or omissions of the Contractor, a Subcontractor, or anyone directly or indirectly employed
by them or anyone for whose acts they may be liable, regardless of whether or not such liability,
claim, damage, loss or expense is caused in part by a party indemnified hereunder.
7.12.2 In claims against any person or entity indemnified under this Paragraph 7.12 by an
employee of the Contractor, a Subcontractor, any one directly or indirectly employed by them or
anyone for whose acts they may be liable, the indemnification obligation under this Paragraph
7.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits
payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability
benefits acts or other employee benefit acts.
7.13 Safety
7.13.1 The Contractor shall be responsible for supervising all safety precautions, including
initiating and maintaining such programs in connection with the performance of the Contract and
for adequate maintenance of traffic.
7.13.2 The Contractor shall designate a member of the onsite construction team whose duty
shall be the prevention of accidents. Unless otherwise in writing by the Contractor to the Owner
and the Engineer,this person shall be the Contractor's Superintendent.
ARTICLE VIII
CONTRACT ADMINISTRATION
8.1 Project Director
8.1.1 The Project Director, unless otherwise directed by the Owner shall perform those duties
and discharge those responsibilities allocated to the Project Director as set forth in this Contract.
The Project Director shall be the Owner's representative from the effective date of this Contract
until Final Payment has been made. The Project Director shall be authorized to act on behalf of
the Owner only to the extent provided in this Contract.
8.1.2 The Owner and the Contractor shall communicate with each other in the first instance through
the Project Director.
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8.1.3 The Project Director shall be the initial interpreter of the requirements of the drawings
and specifications and the judge of the performance there under by the Contractor. The Project
Director shall render written or graphic interpretations necessary for the proper execution or
progress of the Work with reasonable promptness on request of the Contractor.
8.1.4 The Project Director shall review the Contractor's Applications for Payment and shall
certify to the Owner for payment to the Contractor, those amounts then due to the Contractor as
provided in this Contract.
8.1.5 The Project Director shall have authority to reject work, which is defective or does not
conform to the requirements of this Contract. If the Project Director deems it necessary or
advisable, the Project Director shall authority to require additional inspection or testing of the
Work for compliance with Contract requirements at Contractor's expense.
8.1.6 The Project Director shall review and approve, or take other appropriate action as
necessary, concerning the Contractor's submittals including Product Data and Samples. Such
review, approval or other action shall be for the sole purpose of determining conformance with
the design concept and information given through the Contract Documents.
8.1.7 The Project Director shall prepare Change Orders and may authorize minor changes in
the Work by field order as provided elsewhere herein.
8.1.8 The Project Director shall, upon written request from the Contractor, conduct inspections
to determine the date of Substantial Completion and the date of Final Completion, shall receive
and forward to the Owner for the Owner's review and records, written warranties and related
documents required by this Contract and shall issue a Final Certificate for Payment upon
compliance with the requirements of this Contract.
8.1.9 The Project Director's decision in matters relating to aesthetic effect shall be final if
consistent with the intent of this Contract.
8.2 Claims by the Contractor
8.2.1 All Contractor claims shall be initiated by written notice and claim to the Project
Director. Such written notice and claims must be furnished within seven (7) days after
occurrence of the event, or the first appearance of the condition, giving rise to the claim.
8.2.2 Pending final resolution of any claim of the Contractor, the Contractor shall diligently
proceed with performance of this Contract and the Owner shall continue to make payments to the
Contractor in accordance with this Contract. The resolution of any claim under this Paragraph
8.2 shall be reflected by a Change Order executed by the Project Director and the Contractor.
8.2.3 Claims for Concealed and Unknown Conditions - Should concealed and unknown
conditions encountered in the performance of the Work(a) below the surface of the ground or(b)
in an existing structure be at variance with the conditions indicated by this Contract, or should
unknown conditions of an usual nature differing materially from those ordinarily encountered in
the area and generally recognized as inherent in Work of the character provided for in this
Contract, be encountered, wherein the Contract Documents or Standard Construction industry
practices have not placed the responsibility of discovering such concealed and unknown
conditions upon the Contractor prior to the Contractor submitting his Bid for the Work, the
Contract Price shall be equitably adjusted by Change Order upon the written notice and claim by
either party made within seven (7) days after the first observance of the condition. As a condition
precedent to the Owner having any liability to the Contractor for concealed or unknown
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conditions, the Contract must give the Project Director written notice of, and an opportunity to
observe, the condition prior to disturbing it. The failure by the Contractor to make the written
notice and claim as provided in this Subparagraph shall constitute a waiver by the Contractor of
any claim arising out of or relating to such concealed or unknown condition.
8.2.4 Claims for Additional Costs - If the Contractor wishes to make a claim for an increase in
the Contract Price, as a condition precedent to any liability of the Owner therefore, the Contractor
shall give the Project Director written notice of such claim within seven (7) days after the
occurrence of the event, or the first appearance of the condition, giving arise to such claim. Such
notice shall be given by the Contractor before proceeding to execute any additional or changed
Work. The failure by the Contractor to give such notice prior to executing the Work shall
constitute a waiver of any claim for additional compensation.
8.2.4.1 In connection with any claim by the Contractor against the Owner for compensation in
excess of the Contract Price, any liability of the Owner for the Contractor's costs shall be strictly
limited to direct costs incurred by the Contractor and shall in no event include indirect costs or
consequential damages of the Contractor.
The Owner shall not be liable to the Contractor for claims of third parties, including
Subcontractors, unless and until liability of the Contractor has been established therefore in a
court of competent jurisdiction.
8.2.5 Claims for Additional Time - If the Contractor is delayed in progressing any task which
at the time of the delay is then critical or which during the delay becomes critical, as the sole
result of any act or neglect to act by the Owner or someone acting in the Owner's behalf, or by
changes ordered in the Work, unusual delay in transportation, unusually adverse weather
conditions not reasonably anticipated, fire or any causes beyond the Contractor's control, then
the date for achieving Substantial Completion of the Work shall be extended upon the written
notice and claim of the Contractor to the Project Director, for such reasonable time as the Project
Director may determine.
Any notice and claims for an extension of time by the Contractor shall be made not more than
seven (7) days after the occurrence of the event or the first appearance of the condition giving the
rise to the claim and shall set forth in detail the Contractor's basis for requiring additional time in
which to complete the Project. In the event the delay to the Contractor is continuing one, only
one notice and claim for additional time shall be necessary. If the Contractor fails to make such
claim for an extension shall be waived. This paragraph shall not be deemed to waive any
damages for delay that are covered by insurance.
8.2.5.1 Delays and Extensions of Time - An extension of Contract Time shall not be given due to
weather conditions unless such weather conditions more severe than average have caused a
delay. In requesting extension of time for weather conditions; Contractor shall present complete
records and such requests shall document how weather conditions delayed progress of Work.
8.3 Field Orders
8.3.1 The Project Director shall have authority to order minor changes in the Work not
involving a change in the Contract Price or in Contract Time and not inconsistent with the intent
of the Contract. Such changes shall be affected by field order and shall be binding upon the
Contractor. The Contractor shall carry out such field orders promptly.
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ARTICLE IX
SUBCONTRACTORS
9.1 Definition
9.1.1 A Subcontractor is an entity which has a direct Contract with the Contractor to perform a
portion of the Work.
9.2 Award of Subcontracts
9.2.1 Upon execution of the Contract, the Contractor shall furnish the Project Director, in
writing, the names of persons or entities proposed by the Contractor to act as a Subcontractor on
the Project. The Project Director shall promptly reply to the Contractor, in writing, stating any
objections the Project Director may have to such proposed Subcontractor. The Contractor shall
not enter into a Subcontract with a proposed Subcontractor with reference to whom the Project
Director has made a timely objection.
9.2.2 All subcontracts shall afford the Contractor rights against the Subcontractor which
correspond to those rights afforded to the Owner by Subparagraph 12.2.1 below.
ARTICLE X
CHANGES IN THE WORK
10.1 Changes Permitted
10.1.1 Changes in the Work within the general scope of this Contract, consisting of additions,
deletions, revisions, or any combination thereof, may be ordered without invalidating this
Contract, by Change Order or by Field Order.
10.1.2 Changes in the Work shall be performed under applicable provisions of this Contract and
the Contractor shall proceed promptly with such changes.
10.2 Change Order Defined
10.2.1 Change Order shall mean a written order to the Contractor executed by the Project
Director, issued after execution of this Contract, authorizing and directing a change in the Work
or an adjustment in the Contract Price or the Contract Time, or any combination thereof. The
Contract Price and the Contract Time may be changed only by the Change Order.
10.3 Changes in the Contract Price
10.3.1 Any change in the Contract Price resulting from a Change Order shall be determined as
follows: (a) by mutual agreement between the Owner and the Contractor as evidenced by (1) the
change in the Contract Price being set forth in the Change Order, (2) such change in the Contract
Price, together with any conditions or requirements related thereto, being initialed by both parties
and (3) the Contractor's execution of the Change Order, or (b) if no mutual agreement occurs
between the Owner and the Contractor,then, as provided in Subparagraph 10.3.2 below.
10.3.2 If no mutual agreement occurs between the Owner and the Contractor as contemplated in
Subparagraph 10.3.1 above, the change in the Contract Price, if any, shall than be determined by
the Project Director on the basis of the reasonable expenditures or savings of those performing,
deleting or revising the Work attributable to the change, including, in the case of an increase or
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decrease in the Contract Price, a reasonable allowance for direct job site overhead and profit. In
such case, the Contractor shall present, in such form and with such content as the Owner or the
Project Director requires, an itemized accounting of such expenditures or savings shall be limited
to the following: reasonable costs of materials, supplies, or equipment including delivery costs,
reasonable costs of labor, including social security, old age and unemployment insurance, fringe
benefits required by a pre-existing agreement or by custom, and workers' compensation
insurance, reasonable costs of premiums for all Bonds and insurance, permit fees, and sales, use
or other taxes related to the Work and paid by the Contractor, and reasonable costs of directly
attributable to the change. In no event shall any expenditure or savings associated with the
Contractor's home office or other non-jobsite overhead expenses be included in any change in
the Contract Price. Pending final determination of reasonable expenditures or savings to the
Owner, payments on account shall be made to the Contractor on the Owner's Certificate of
Payment.
10.3.3 If Unit Prices are provided in the Contract, and if the quantities contemplated are so
changed in proposed Change Order that application of such Unit Prices to the quantities of Work
proposed shall cause substantial inequity to the Owner or to the Contractor, that applicable Unit
Prices shall be equitable adjusted.
10.4 Minor Changes
10.4.1 The Project Director shall have authority to order minor changes in the Work not
involving a change in the Contract Price or an extension of the Contract Time and not
inconsistent with the intent of this Contract. Such minor changes shall be made by written. Field
Order, and shall be binding upon the Owner and the Contractor. The Contractor shall promptly
carry out such written Field Orders.
10.5 Effect of Executed Change Order
10.5.1 The execution of a Change Order by the Contractor shall constitute conclusive evidence
of the Contractor's agreement to the ordered changes in the Work, this Contract as thus
amended, the Contract Price and the Contract Time. The Contractor, by executing the Change
Order, waives and forever releases any claim against the Owner for additional time or
compensation for matters relating to or arising out or resulting from the Work included within or
affected by the executed Change Order.
10.6 Notice to Surety; Consent
10.6.1 The Contractor shall notify and obtain the timely consent and approval of the
Contractor's surety with reference to all Change Orders if such notice, consent or approval is
required by the Contractor's surety or by law. The Contractor's warranty to the Owner that the
surety has been notified of and consents to, such Change Order and the surety shall be
conclusively deemed to have been notified of such Change Order and to have expressly
consented thereto.
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 Uncovering Work
11.1.1 If any of the Work is covered contrary to the Project Director's request or to any
provision of this Contract, it shall, if required by the Project Director, be uncovered for the
Project Director's inspection and shall be properly replaced at the Contractor's expense without
change in the Contract Time.
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11.1.2 If any of the Work is covered in a manner not described in Subparagraph 11.1.1 above, it
shall, if required by the Project Director or Owner, be uncovered for the Project Director's
inspection. If such Work conforms strictly to this Contract, costs of uncovering and proper
replacement shall by Change Order be charged to the Owner. If such Work does not strictly
conform to this Contract, the Contractor shall pay the costs of uncovering and proper
replacement.
11.2 Correcting Work
11.2.1 The Contractor shall immediately proceed to correct Work rejected by the Project
Director as defective or failing to conform to this Contract. The Contractor shall pay all costs
and expenses associated with correcting such rejected Work, including any additional testing and
inspections, and reimbursement to the Owner for the Project Director's services and expenses
made necessary thereby.
11.2.2 If within one (1) year after Substantial Completion of the Work, if any of the Work is
found to be defective or not in accordance with this Contract, the Contractor shall correct it
within seven (7) days at the Contractor's expense upon receipt of written notice from the Owner.
This obligation shall survive Final Payment by the Owner and termination of this Contract. With
respect to Work first performed and completed after Substantial Completion, this one (1) year
obligation to specifically correct defective and nonconforming Work shall be extended by the
period of time which elapses between Substantial Completion and completion of the subject
Work.
1 l.2.3 Nothing contained in this Paragraph 11.2 shall establish any period of limitation with
respect to other obligations which the Contractor has under this Contract. Establishment of the
one (1) year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor to
specifically correct the Work, and has no relationship to the time which the obligation to comply
with the Contract Documents may be sought to be enforced.
11.3 Owner May Accept Defective or Nonconforming Work
11.3.1 If the Owner chooses to accept defective or nonconforming Work, the Owner may do so.
In such events, the Contract Price shall be reduced by the greater of(a) the reasonable cost of
removing and correcting the defective or nonconforming Work, and(b) the difference between
the fair market value of the Project had it not been constructed in such manner as to include
defective or nonconforming Work. If the remaining portion of the unpaid Contract Price, if any,
is insufficient to compensate the Owner for its acceptance or defective or nonconforming Work,
the Contractor shall, upon written demand from the Owner, pay the Owner such remaining
compensation for accepting defective or nonconforming Work.
ARTICLE XII
CONTRACT TERMINATION
12.1 Termination by the Contractor
12.1.1 If the Work is stopped for a period of ninety (90) days by an order of any court or as a
result of an act of the Government, through no fault of the Contractor or any person or entity
working directly or indirectly for the Contractor, the Contractor may, upon ten (10) days written
notice to the Owner, terminate performance under this Contract and recover from the Owner's
payment for the actual reasonable expenditures of the Contractor (as limited in Subparagraph
10.3.2 above) for all Work executed and for materials, equipment,tools, construction equipment
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and machinery actually purchased or rented solely for the Work, less any salvage value of any
such items.
12.1.2 If the Owner shall persistently or repeatedly fail to perform any material obligation to the
Contractor for a period of fifteen (15) days after receiving written notice from the Contractor of
its intent to terminate if such failure is not substantially corrected within fifteen (15) days, the
Contractor may terminate performance under this Contract by written notice to the Project
Director. In such event, the Contractor shall be entitled to recover from the Owner as though the
Owner had terminated the Contractor's performance under this Contract for convenience
pursuant to Subparagraph 12.2.1 hereunder.
12.2 Termination by the Owner
12 2.1 For Convenience
12.2.1.1 The Owner may for any reason whatsoever terminate performance under this
Contract by the Contractor for convenience. The Owner shall give written notice of such
termination to the Contractor specifying when termination becomes effective.
12.2.1.2 The Contractor shall incur no further obligations in connection with the Work and the
Contractor shall stop Work when such termination becomes effective. The Contractor shall also
terminate outstanding orders and subcontracts. The Contractor shall settle liabilities and claims
arising out of the termination of subcontracts and orders. The Owner may direct the Contractor
to assign the Contractor's right, title and interest under terminated orders or subcontracts to the
Owner or its designee.
12.2.1.3 The Contractor shall transfer title and deliver to the Owner such completed or
partially completed Work and materials, equipment, parts, fixtures, information and Contract
rights as the Contractor has.
12.2.1.4 (a) The Contractor shall submit a termination claim to the Project Director specifying
the amounts due because of the termination for convenience together with costs,
pricing or other data required by the Project Director. If the Contractor fails to
file a termination claim within one (1) year from the effective date of termination,
the Owner shall pay the Contractor, an amount derived in accordance with
subparagraph(c) below.
(b) The Owner and the Contractor may agree to compensation, if any, due to the
Contractor hereunder.
(c) Absent agreement to the amount due to the Contractor,the Owner shall pay the
Contractor the following amounts;
(d) Contract prices for labor,materials, equipment and other services accepted under
this Contract;
(e) Reasonable costs incurred in preparing to perform and in performing a portion of
the Work prior to termination and not included in (d) or (e), and in terminating the
Contractor's performance, plus a fair and reasonable allowance for overhead and
profit thereon (such profit shall not include anticipated profit or consequential
damages); provided, however, that if it appears that the Contractor would have not
profited or would have sustained a loss if the entire Contract had been completed,
no profit shall be allowed or included and the amount of compensation shall be
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reduced to reflect the anticipated rate of loss, if any;
(f) Reasonable costs of settling and paying claims arising out of the termination of
Subcontracts or orders pursuant to Subparagraph 12.2.1.2 of this Paragraph. These
costs shall not include amounts paid in accordance with other provisions hereof.
The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall not exceed the total
Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and
shall in no event include duplication of payment.
12.2.2 For Cause
12.2.2.1 If the Contractor persistently or repeatedly refuses or fails to prosecute the Work in a
timely manner, supply enough properly skilled Workers, supervisory personnel or proper
equipment or materials, or if it fails to make prompt payment to Subcontractors, or for materials
or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction, or otherwise is guilty of a substantial violation of a material
provision of this Contract, then the Owner may, by written notice to the Contractor, without
prejudice to any other right or remedy, terminate the employment of the Contractor and take
possession of the site and of all materials, equipment, tools, construction equipment and
machinery thereon owned by the Contractor and may finish the Work by whatever methods it
may deem expedient. In such case, the Contractor shall not be entitled to receive any further
payment until the Work is finished.
12.2.2.2. If the unpaid balance of the Contract Price less any liquidated damages due under this
Contract, exceeds the cost of finishing the Work, including compensation for the Project
Director's additional services and expenses made necessary thereby, the Contractor shall pay the
difference to the Owner. This obligation for payment shall survive the termination of the
Contract.
12.2.2.3 In the event the employment of the Contractor is terminated by the Owner for cause
pursuant to Subparagraph 112.2 and it is subsequently determined by a Court of competent
jurisdiction that such termination was without cause, such termination shall thereupon be deemed
a Termination for Convenience under Subparagraph 12.2.1 and the provisions of Subparagraph
12.2.1 shall apply.
ARTICLE XIII
INSURANCE
13.1 Contractor's Insurance:
13.1.1 The successful Bidder shall indemnify and hold the Owner harmless against all loss,
damage, or expense by reason of injury to person or damage to property arising out of the use of
or activities on any said premises by the successful Bidder, its agents, representatives,
Contractors, Subcontractors, or employees. Prior to commencement of services under this
Contract the successful Bidder's insurance coverage shall comply with the following insurance
requirements:
b. General Liability Insurance on the Comprehensive form for all operations of the successful
Bidder under the Contract, including coverage for, but not limited to Personal Injury Broad Form
Property Damage and Project Liability for a minimum limit of$1,000,000 per occurrence.
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c. Automobile/Truck Injury and Property Damage Liability Insurance covering all vehicles,
whether owned, non-owned, leased or hired, with not less than $100,000 per person/$300,000
per occurrence combined single limits.
Insurance companies providing the required insurance coverages for the successful Bidder must
be rated into the current issue of "Bests" Insurance Key Rating Guide at "A" for the
policyholder's category and XIII for the financial category to be specifically approved by the
Owner.
13.2 Insurance Certificate
13.2.1 A Certificate of Insurance, naming the St. Johns County Board of County Commissioners
as additional insured, shall be required at the signing of the Contract by the successful Bidder.
Certificates of Insurance are to be authorized in writing by an officer of the insurance company
or companies, identifying their agent and executed by the agent with a copy of the agent's license
by the insurance company attached. The Certificate must reflect the required coverage and
guarantee St. Johns County. Certified copies of all policies must accompany the Certificate of
Insurance when requested by the County.
ARTICLE XIV
MISCELLANEOUS
14.1 GOVERNING LAW
14.1.1 The Contract shall be governed by the laws of the State of Florida and by the laws of St.
Johns County, Florida.
14.2 Successors and Assigns
14.2.1 The Owner and Contractor bind themselves, their successors, assigns and legal
representatives to the other party hereto and to successors, assigns and legal representatives of
such other party in respect to covenants, agreements and obligations contained in this Contract.
The Contractor shall not assign this Contract without written consent of the Owner.
14.3 Surety Bonds
14.3.1 The Contractor shall furnish a separate Public Construction Bond to the Owner. Such
Bonds shall set forth a penal sum in an amount not less than the Contract price. The Bond
furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as
though they were set forth verbatim in such Bonds. The Public Construction bond shall provide
that in the event Contract Price is adjusted by Change Order executed by the Contractor. The
Public Construction Bond furnished by the Contractor shall be in form suitable to the Owner and
shall be executed by a Surety, or Sureties, reasonably suitable to the Owner.
14.4. Safety of Persons and Property
14.4.1 When existing utility lines shown on the Drawings are to be removed or relocated, the
Contractor shall notify the Project Director in ample time for taking measures for prevention of
the interruption of any required services prior to the beginning of operations. In the event that
the Contractor damages any existing utility lines not shown on the Drawings, the location of
which is not known to the Contractor, report thereof shall be made immediately to the Project
Director.
14.4.2 Locations of existing utility lines shown on the Drawings are based on the best
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information available to the Project Director, but shall not be considered exact either as to
location or number of such lines.
14.4.3 Contractor shall protect utility lines constructed under terms of the agreement and those
discovered or shown on Drawings to be existing. Damage occurring to utility lines due to
Contractor's operations shall be repaired at no cost to the Owner.
ARTICLE XV
EQUAL EMPLOYMENT OPPORTUNITY
15.1 Contractor's Employment Opportunity
15.1.1 The Contractor and all Subcontractors shall not discriminate against any employee or
applicant for employment because of race,religion, color, sex, national origin or age.
The Contractor shall take affirmative action to insure that applicants are employed, and that
employees are treated during employment without regard to their race, religion, color, sex,
national origin or age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertisement, layoff
or termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the policies of non-discrimination.
15.1.2 The Contractor and all Subcontractors shall, in all solicitations or advertisements for
employees placed by them or on their behalf; state that all qualified applicants shall receive
consideration for employment without regard to race,religion, color, sex, national origin or age.
ARTICLE XVI
APPRENTICESHIP LAW REQUIREMENTS
16.1 Apprenticeship Law (Chapter 446, Florida Statutes)
16.1.1 The Contractor shall make a diligent effort to hire for Performance of the Contract a
number of apprentices in each occupation which bears to the average number of journeyman in
that occupation to be employed in the performance of the Contract, the ratio of at least one (1)
apprentice or trainee to every five(5)journeymen.
16.1.2 The Contractor shall, when feasible and except when the number of apprentices or
trainees to be hired is fewer than four (4), assure that twenty-five (25) percent of such
apprentices or trainees are in their first year of training. Feasibility here involves a consideration
of the availability of training opportunities for first year apprentices or trainees, the hazardous
nature of the Work for beginning workers, and excessive unemployment of apprentices or
trainees in their second or subsequent years of training.
16.1.3 The Contractor, during the performance of the Contract, shall make diligent efforts to
employ the number of apprentices or trainees necessary to meet requirements of Subparagraphs
a. and b. However, on-the-job training programs shall only be established in non-apprenticable
trades or occupations to meet the requirements of this section.
16.1.4 The Contractor agrees to return records of employment, by trade, of the number of
apprentices or trainees by first year of training, and the number of journeymen and the wages
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paid, and hours of work, of such persons on a form as prescribed by the Bureau of
Apprenticeship of the Division of Labor at three (3) month intervals. Submission of duplicate
copies of forms submitted to the United States Department of Labor shall be sufficient
compliance with the provisions of the section.
16.1.5 The Contractor agrees to supply the Bureau of Apprenticeship of the Division of Labor,
at three (3) months intervals, a statement describing steps taken toward making diligent effort
and containing a breakdown by craft or hours worked and wages paid for first year apprentices or
trainees, other apprentices or trainees and journeymen.
16.1.6 The Contractor agrees to insert in any Subcontract under this Contract the requirements
contained in this section. The term "Contractor" as used in such clauses and any Subcontract
shall mean the Subcontractor.
16.1.7 Anything herein to the Contrary notwithstanding, Contractor agrees to comply with all of
the provisions of Florida Statutes 446 and all regulations prescribed by the Bureau of
Apprenticeship of the Division of Labor.
ARTICLE XVII
ELECTRONIC DOCUMENT SUBMISSIONS
17.1 All final documents/work products must also be delivered in Adobe "pdf' format in one
"pdf' file. The purpose of this file format is for electronic transmittal and publishing of final
work products. Any plans, specifications, reports, or other documents regulated by Chapters 471
and 472, Florida Statutes, or by any other Federal or State law rule or regulation are exempted
from this requirement.
17.2 For Documents regulated by Chapters 471 and 472, Florida Statutes, the
Contractor/Consultant shall provide a CD(s) with the digital files of any plans, specifications,
reports or other deliverable documents for informational purposes only or archive a digital copy
of such files which shall be retained by the Contractor Consultant for a period of ten (10) years
following the acceptance of the final work product, and which shall be made available to the
County upon request from an authorized County official/employee, and payment by the County
of the cost of reproduction. For documents regulated by any other Federal or State law, rule, or
regulation, the Contractor/Consultant shall abide by, and comply with, the provisions contained
in the applicable Federal/State law/rule/regulation.
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Contract No. [Bid Number] Construction of[Project Name]
Owner Contractor
Seal Seal
(Typed Name) (Typed Name)
By: By:
Signature Signature
Printed Name&Title Printed Name&'Title
Date of Execution Date of Execution
Cheryl Strickland, Clerk of Courts
By:
Deputy Clerk
Date of Execution
REVISED July 2013
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BID NO.: 09- .
PUBLIC CONSTRUCTION BOND
BOND NO.:
BY THIS BOND,We, , as Principal
(Contractor address phone)
and a Corporation, as Surety is
(Surety Co. address phone)
bound to ST. JOHNS COUNTY,FLORIDA, herein called Owner, in the sum of$
for payment of which we bind ourselves, our heirs, personal representatives, successors, and
assigns,jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated, ,between Principal and Owner for
(Project, address, and brief description of work)
for St. Johns County, Florida, the contract being made a part of this bond by reference,
and the times and in the manner prescribed in the contract; and
2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the contract; and
3. Promptly pays Owner all losses, damages, expenses, costs and attorney's fees, including
appellate proceedings, that Owner sustains because of a default by Principal under the
contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract,then this bond is void; otherwise it remains in full force.
PROVIDED, FURTHER, that the Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to work to be
performed there under or the Plans or Specifications accompanying same shall in any way affect
its obligation on this Bond, and it does hereby waive notice of any such change, extension of
time alternations or addition to the terms of the Contract or to work to be performed there under
or the Plans or Specifications.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon
amendment to the Contract not increasing the contract price more than 20 percent, so as to bind
the Principal and the Surety to the full and faithful performance of the Contract as so amended.
The term "Amendment" wherever used in this Bond, and whether referring to this Bond or the
Contract shall include any alteration, addition, extension, or modification of any character
whatsoever.
This Bond incorporates herein all the provisions of Florida Statute 255.05.
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IN WITNESS WHEREOF,this instrument is executed in counterparts, each of
which shall be deemed an original,this day of , •
ATTEST:
Principal
By:
(Principal) Secretary
(SEAL)
Witness as to Principal Address
Address
ATTEST:
(Surety) Secretary Surety
(SEAL)
By:
Witness to Surety Attorney-in-Fact
Address Address
NOI'h: Date of BOND must not be prior to date of Contract. IF CONTRACTOR is
Partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury Departments
most current list (Circular 570 as amended) and be authorized to transact business in the State of
Florida.
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STANDARD CONTRACT
FOR
CONSULTING/PROFESSIONAL SERVICES
This Contract is made as of the day of , 2009 by and between the Board of
County Commissioners of St. Johns County, Florida, hereinafter referred to as the
COUNTY, and a corporation, authorized to do business in the
State of Florida, hereinafter referred to as the CONSULTANT,whose address is:
In consideration of the mutual promises contained herein, the COUNTY and the
CONSULTANT agree as follows:
ARTICLE 1-SERVICES
The CONSULTANT's responsibility under this Contract is to provide
professional/consultation services in the area of professional services, and
to perform and complete the work specifically set forth in the Scope of Work detailed in
Exhibit "A" attached hereto.
The Work shall be performed on or before the dates set forth in the Contract Schedule
attached hereto as Exhibit "C".
Services of the CONSULTANT shall be under the general direction of
telephone , who shall act as the COUNTY's representative during the
performance of this Contract.
ARTICLE 2-SCHEDULE
The COUNTY and the CONSULTANT shall approve the schedule, which will become
Exhibit "C". The Work shall be performed on or before the dates set forth in the
Contract Schedule attached hereto as Exhibit "C".
ARTICLE 3-PAYMENTS TO CONSULTANT
A. The COUNTY shall pay to the CONSULTANT for services satisfactorily performed,
a lump sum amount of ., l$ } which includes all
direct charges, indirect charges, and reimbursable expenses, if any. The CONSULTANT
will bill the COUNTY on a monthly basis or as otherwise provided and at the amounts
set forth in Exhibit "B" for services rendered toward the completion of the Scope of
Work. The amounts billed shall represent the approximate completion of services
outlined in the Scope of Work contained in Exhibit "A".
B. Invoices received from the CONSULTANT pursuant to this Contract will be
reviewed and approved by the initiating County department, indicating that services have
been rendered in the conformity with the Contract and then will be sent to the Finance
Department for payment. Invoices must reference this contract. Payment shall be made
periodically in accordance with the Schedule for Payment, Exhibit "B".
C. FINAL INVOICE: In order for both parties herein to close their books and records,
the CONSULTANT will clearly state "final invoice" on the CONSULTANT' final/last
billing to the COUNTY. This indicates that all services have been performed and all
charges and costs have been invoiced to St. Johns County. Since this account will
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thereupon be closed, any and other further charges if not properly included on this final
invoice shall be waived by the CONSULTAN T.
ARTICLE 4-TRUTH-IN-NEGOTIATION CERTIFICATE
The signing of this Contract by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and cost used to determine the
compensation provided for in this Contract are accurate, complete and current as of the
date of the Contract.
The said rates and costs shall be reduced to exclude any significant sums should the
COUNTY determine that the rates and costs were increased due to inaccurate, incomplete
or non-current wage rates or due to inaccurate representations of fees paid to outside
consultants. The COUNTY may exercise its rights under this Article 4 within one (1)
year following final payment.
ARTICLE 5-TERMINATION
This Contract may be terminated by the CONSULTANT upon 30 days' prior written
notice to the COUNTY in the event of substantial failure by the COUNTY to perform in
accordance with the terms of this Contract through no fault of the CONSULTANT. It
may also be terminated by the COUNTY, with or without cause, immediately upon
written notice to the CONSULTANT.
Unless the CONSULTANT is in breach of this Contract, the CONSULTANT shall be
paid for services rendered to the COUNTY's satisfaction through the date of termination.
After receipt of a Termination Notice and except as otherwise directed by the COUNTY
and CONSULTANT shall:
A. Stop work on the date to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
C. Transfer all work in process, completed work, and other material related to the
terminated work to the COUNTY.
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 6-PERSONNEL
The CONSULTANT represents that it has, or will secure at its own expense, all
necessary personnel required to perform the services under this Contract. Such personnel
shall not be employees of or have any contractual relationship with the COUNTY.
All of the services required hereunder shall be performed by the CONSULTANT or
under its supervision, and all personnel engaged in performing the services shall be fully
qualified and, if required, authorized or permitted under state and local law to perform
such services.
Any changes or substitutions in the CONSULTANTS key personnel, as may be listed in
Exhibit "D", must be made known to the COUNTY's representative and written
approval granted by the COUNTY before said change or substitution can become
effective.
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The CONSULTANT warrants that all services shall be performed by skilled and
competent personnel to the highest professional standards in the field.
ARTICLE 7-FEDERAL AND STATE TAX
The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The
COUNTY will sign an exemption certificate submitted by the CONSULTANT. The
CONSULTANT shall not be exempted from paying tax to their suppliers for materials
used to fulfill contractual obligations with the COUNTY, nor is the CONSULTANT
authorized to use the COUNTY's Tax Exemption Number in securing such materials.
The CONSULTANT shall be responsible for payment of his/her own FICA and Social
Security benefits with respect to this Contract.
ARTICLE 8-AVAILABILITY OF FUNDS
The obligations of the COUNTY under this Contract are subject to the availability of
funds lawfully appropriated for its purpose by the Board of County Commissioners of St.
Johns County.
ARTICLE 9-INSURANCE
A. The CONSULTANT shall not commence work under this Agreement until he/she
has obtained all insurance required under this paragraph and such insurance has been
approved by the COUNTY.
B. All insurance policies shall be issued by companies authorized to do business under
the laws of the State of Florida. The CONSULTANT shall furnish Certificates of
Insurance to the COUNTY prior to the commencement of operations. The Certificates
shall clearly indicate that the CONSULTANT has obtained insurance of the type,
amount, and classification as required for strict compliance with this paragraph and that
no material change or cancellation of the insurance shall be effective without thirty (30)
days prior written notice to the COUNTY. Compliance with the foregoing requirements
shall not relieve the CONSULTANT of its liability and obligations under this Contract.
C. The CONSULTANT shall maintain during the term of this Contract, standard
Professional Liability Insurance in the amount of$1,000,000 per occurrence.
D. The CONSULTANT shall maintain during the life of this Contract, Comprehensive
General Liability Insurance in the amount of $1,000,000 per occurrence to protect the
CONSULTANT from claims for damages for bodily injury, including wrongful death, as
well as from claims of property damages which may arise from any operations under this
Contract, whether such operations be by the CONSULTANT or by anyone directly
employed by or contracting with the CONSULTANT.
E. The CONSULTANT shall maintain during the life of this Contract Comprehensive
Automobile Liability Insurance in the amount of $100,000 combined single limit for
bodily injury and property damage liability to protect the CONSULTANT from claims
for damages for bodily injury, including the ownership, use, or maintenance of owned
and non-owned automobiles, including rented automobiles whether such operations be by
the CONSULTANT or by anyone directly or indirectly employed by the
CONSULTANT.
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F. The CONSULTANT shall maintain during the life of this Contract, adequate
Workman's Compensation Insurance and Employer's Liability Insurance in at least such
amounts as are required by the law for all of its employees (if three or more) per Florida
Statute 440.02.
G. All insurance other than Professional Liability and Workman's Compensation, to be
maintained by the CONSULTANT shall specifically include the COUNTY as an
"Additional Insured".
ARTICLE 10-INDEMNIFICATION
The CONSULTANT shall indemnify and hold harmless the agency, and its officers and
employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the design professional and other persons employed or
utilized by the design professional in the performance of the contract.
ARTICLE 11-SUCCESSORS AND ASSIGNS
The COUNTY and the CONSULTANT each binds itself and its partners, successors,
executors, administrators and assigns to the other party of this Contract and to the
partners, successors, executors, administrators and assigns of such other party, in respect
to all covenants of this Contract. Except as above, neither the COUNTY nor the
CONSULTANT shall assign, sublet, convey or transfer its interest in this Contract
without the written consent of the other. Nothing herein shall be construed as creating
any personal liability on the part of any officer or agent of the COUNTY which may be a
party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone
other than the COUNTY and the CONSULTANT.
ARTICLE 12-REMEDIES
No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or hereafter existing at law or in equity or by statute
or otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof.
In any action brought by either party for the enforcement of the obligations of the other
party,the prevailing party shall be entitled to recover reasonable attorney's fees.
ARTICLE 13-CONFLICT OF INTEREST
The CONSULTANT represents that it presently has no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. The CONSULTANT further represents that
no person having any interest shall be employed for said performance.
The CONSULTANT shall promptly notify the COUNTY in writing by certified mail of
all potential conflicts of interest for any prospective business association, interest or other
circumstance, which may influence or appear to influence the CONSULTANT's
judgment or quality of services being provided hereunder. Such written notification shall
identify the prospective business association, interest or circumstance, the nature of work
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that the CONSULTANT may undertake and request an opinion of the COUNTY,
whether such association, interest, or circumstance constitutes a conflict of interest if
entered into by the CONSULTANT. The COUNTY agrees to notify the CONSULTANT
of its opinion by certified mail within 30 days of receipt of notification by the
CONSULTANT. If, in the opinion of the COUNTY, the prospective business
association, interest or circumstance would not constitute a conflict of interest by the
CONSULTANT, the COUNTY shall so state in the notification and the CONSULTANT
shall, at his/her option enter into said association, interest or circumstance and it shall be
deemed not in conflict of interest with respect to services provided to the COUNTY by
the CONSULTANT under the terms of this Contract.
ARTICLE 14-ARREARS
The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. The CONSULTANT further warrants and represents that it has no
obligation or indebtedness that would impair its ability to fulfill the terms of this
Contract.
ARTICLE 15-DISCLOSURE AND OWNERSHIP OF DOCUMENTS
The CONSULTANT shall deliver to the COUNTY for approval and acceptance, and
before being eligible for final payment of any amounts due, all documents and materials
prepared by and for the COUNTY under this Contract.
All written and oral information not in the public domain or not previously known, and
all information and data obtained, developed, or supplied by the COUNTY or at its
expense will be kept confidential by the CONSULTANT and will not be disclosed to any
other party, directly or indirectly, without the COUNTY's prior written consent unless
required by a lawful order.
All drawings, maps, sketches, and other data developed, or purchased under this Contract
or at the COUNTY's expense shall be and remains the COUNTY's property and may be
reproduced and reused at the discretion of the COUNTY.
The COUNTY and the CONSULTANT shall comply with the provisions of Chapter 119,
Florida Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise
made in writing by any party pursuant hereto, including but not limited to any
representations made herein relating to disclosure or ownership of documents, shall
survive the execution and delivery of this Contract and the consummation of the
transactions contemplated hereby.
ARTICLE 16-INDEPENDENT CONTRACTOR RELATIONSHIP
The CONSULTANT is, and shall be, in the performance of all work services and
activities under this Contract, Independent Contractor, and not an employee, agent, or
servant of the COUNTY. All persons engaged in any of the work or services performed
pursuant to this Contract shall at all times and in all places be subject to the
CONSULTANTs sole direction, supervision, and control. The CONSULTANT shall
exercise control over the means and manner in which it and its employees perform the
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work, and in all respects the CONSULTANTs relationship and the relationship of its
employees to the COUNTY shall be that of an Independent Contractor and not as
employees or agents of the COUNTY. The CONSULTANT does not have the power or
authority to bind the COUNTY in any promise, agreement or representation other than
specifically provided for in this agreement.
ARTICLE 17-CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT to solicit
or secure this Contract and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of this Contract.
ARTICLE 18-ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges, expenses, and
costs incurred in performing the Work for at least five (5) years after completion of this
Contract. The COUNTY shall have access to such books, records, and documents as
required in this section for the purpose of inspection or audit during normal business
hours, at the COUNTY'S cost, upon five (5) days written notice.
ARTICLE 19-NONDISCRIMINATION
The CONSULTANT warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, physical handicap, sex, age or
national origin.
ARTICLE 20-ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the CONSULTANT agree that this Contract sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. None of the provisions, terms and conditions contained in this
Contract may be added to, modified, superseded or otherwise altered, except by written
instrument executed by the parties hereto.
ARTICLE 21-ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled
to recover reasonable attorney's fees, court costs and all reasonable expenses even if not
taxable as court costs (including, without limitation, all such reasonable fees, costs and
expenses incident to appeals), incurred in that action or proceedings, in addition to any
other relief to which such party or parties may be entitled.
ARTICLE 22-AUTHORITY TO PRACTICE
The CONSULTANT hereby represents and warrants that it has and will continue to
maintain all license and approvals required to conduct its business, and that it will at all
times conduct its business activities in a reputable manner.
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ARTICLE 23-SEVERABILITY
If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Contract, or the application of such items or provision, to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected and every
other term and provision of this Contract shall be deemed valid and enforceable to the
extent permitted by law.
ARTICLE 24-AMENDMENTS AND MODIFICATIONS
No amendments and/or modifications of this Contract shall be valid unless in writing and
signed by each of the parties. The COUNTY reserves the right to make changes in the
Work, including alterations, reductions therein or additions thereto. Upon receipt by the
CONSULTANT of the COUNTY's notification of a contemplated change, the
CONSULTANT shall (1) if requested by the COUNTY, provide an estimate for the
increase or decrease in cost due to the contemplated change, (2) notify the COUNTY of
any estimated change in the completion date, and (3) advise the COUNTY in writing if
the contemplated change shall effect the CONSULTANTs ability to meet the completion
dates or schedules of this Contract. If the COUNTY so instructs in writing, the
CONSULTANT shall suspend work on that portion of the Work affected by a
contemplated change, pending the COUNTY's decision to proceed with the change.
If the COUNTY elects to make the change, the COUNTY shall issue a Contract
Amendment or Change Order and the CONSULTANT shall not commence work on any
such change until such written amendment or change order has been issued and signed by
each of the parties.
ARTICLE 25-ENUMERATION OF CONTRACT DOCUMENTS
The Contract Documents, except for modifications issued after execution of this
Agreement, are enumerated as follows:
• The Contract is the executed Standard Contract for Professional Services (SJC
SCCPS 9105)
• Exhibit A, Scope of Work
• Exhibit B, Basis of Compensation
• Exhibit C, Contract Schedule
• Exhibit D, Key Personnel
ARTICLE 26-FLORIDA LAW
This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Contract will be held in St.Johns County.
ARTICLE 27-ARBITRATION
The Owner shall not be obligated to arbitrate or permit any arbitration binding on the
Owner under any of the Contract Documents or in connection with the project in any
manner whatsoever.
ARTICLE 28-NOTICE
All notices required in this Contract shall be sent by certified mail, return receipt
requested, and if sent to the COUNTY shall be mailed to:
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St.Johns County Purchasing Department
Attn: . Purchasing Director or Manager
2446 Dobbs Road
St. Augustine, Florida 32086
ARTICLE 29-HEADINGS
The heading preceding the several articles and sections hereof are solely for convenience
of reference and shall not constitute a part of this Contract or affect its meaning,
construction or effect.
ARTICLE 30-EXTENSION CLAUSE
This contract may be extended for a period of ( ) years, in yearly increments, after
negotiations and upon approval by the St. Johns County Board of Commissioners and
with thirty(30) days notice to consultant.
ARTICLE 31-RIGHTS TO DATA AND COPYRGHTS
When publications, films or similar materials are developed directly or indirectly from a
program, project or activity supported by grant funds, any copyright resulting there from
shall be held by the Florida Department of State, Division of Historical Resources. The
author may arrange for copyright of such materials only after approval from the
Department. Any copyright arranged for by the author shall include acknowledgment of
grant assistance. As a condition of grant assistance, the grantee agrees to, and awards to
the Department and, if applicable, to the Federal Government, and to its officers, agents,
and employees acting within the scope of their official duties, a royalty-free, non-
exclusive and irrevocable license throughout the world for official purposes, to publish,
translate, reproduce, and use all subject data or copyrightable material based on such data
covered by the copyright.
ARTICLE 32-ELECTRONIC DOCUMENT SUBMISSIONS
All final documents/work products must also be delivered in Adobe "pdf' format in one
"pdf' file. The purpose of this file format is for electronic transmittal and publishing of
final work products. Any plans, specifications, reports, or other documents regulated by
Chapters 471 and 472, Florida Statutes, or by any other Federal or State law rule or
regulation are exempted from this requirement.
For Documents regulated by Chapters 471 and 472, Florida Statutes, the
Contractor/Consultant shall provide a CD(s) with the digital files of any plans,
specifications, reports or other deliverable documents for informational purposes only or
archive a digital copy of such files which shall be retained by the Contractor Consultant
for a period of ten (10) years following the acceptance of the final work product, and
which shall be made available to the County upon request from an authorized County
official/employee, and payment by the County of the cost of reproduction. For
documents regulated by any other Federal or State law, rule, or regulation, the
Contractor/Consultant shall abide by, and comply with, the provisions contained in the
applicable Federal/State law/rule/regulation.
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IN WITNESS WHEREOF, the Board of County Commissioners of St. Johns County,
Florida has made and executed this Contract on behalf of the COUNTY and
CONSULTANT has hereunto set his/her hand the day and year above written.
(Seal)
A"1"IEST: BOARD OF COUNTY COMMISSIONERS
Cheryl Strickland,Clerk of Court ST JOHNS COUNTY,FLORIDA
BY: BY:
Deputy Clerk ,Purchasing Director or Manager
Date
Date
WITNESS: CONSULTANT:
Signature Company Name
Name (Type or Print) Name (Type or Print)
Signature
Title
Date
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EXHIBIT Q
FEDERAL TRANSIT ADMIS'1'UATION REQUIREMENTS
UNDER 49 CFR,PARTS 18 AND 19,CIRCULAR 4420
Buy America—The contractor agrees to comply with 49 U.S.C. 5323 (j) and 49 CFR Part
b661 which provide that Federal funds may not be obligated unless steel, iron, and
manufactured products used in FTA-funded projects are produced in the United States,
unless a waiver has been granted by FTA or the product is subject to a general waiver.
General waivers are listed in 49 CFR 661.7 and include final assembly in the United
States for 15 passenger vans and 15 passenger wagons produced by Chrysler
Corporation, microcomputer equipment, software, and small purchases (currently less
than $25,000) made with capital, operating, or planning funds. Separate requirements for
rolling stock are set out at 5323(j)(2)(c) and 49 CFR 661.11. Rolling stock not subject to
a general waiver must be manufactured in the United States and have a 60 percent
domestic content.
A bidder or offeror must submit to the FTA recipient (St. Johns County) the appropriate
Buy America certification (below) with all bids on FTA-funded contracts, except those
subject to a general waiver. Bids or offers that are not accompanied by a completed Buy
America certification must be rejected ad non-responsive. This requirement does not
apply to lower tier subcontractors.
Certification requirement for procurement of steel,iron,or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j) (1)
The bidder or offeror certifies that it will meet the requirements of 49 U. S.C. 5323(j)(1)
and the applicable regulations in 49 CFR Part 661.
Date
Signature
Company Name
Title
Certificate ofNon-Compliance with 49 U.S. C. 53230) (1)
The bidder of offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1), but it may qualify for an exemption pursuant to 49 U.S.C.
5323(j)(2)(B) or(j)(2)(D) and the regulations in 49 CFR 661.7.
Date
Signature
Company Name
Title
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Certification requirement for procurement of buses, other rolling stock and associated
equipment
Certificate of Compliance with 49 U.S. C. 53230) (2) (C)
The bidder or offeror certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(2)(C)
The bidder of offeror certifies that it will comply with the requirements of 49 U.S.C.
5323 (j)(2)(C) and the regulations at 49 CFR Part 661.
Date
Signature
Company Name
Title
Certificate ofNon-Compliance with 49 U.S.C. 53230) (2) (C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(2)(C),but may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(C) of(j)(2)(D) and regulations of 49 CFR 661.7.
Date
Signature
Company Name
Title
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EXHIBIT Q
CERTIFICATION ICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding$100,000)
The undersigned [Contractor] certifies,to the best of his or her knowledge and belief,that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee of an
agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member
of Congress in connection with the awarding of any Federal contract,the making of any Federal
grant,the making of any Federal loan,the entering into any cooperative agreement, and the
extension,continuation, renewal, amendment, or modification of any Federal contract, grant,
loan,or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall
complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L.104-65,to be codified at 2 U.S.C. 1601, etseq.)]
3) The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers(including subcontracts, sub grants, and contracts
under grants, loans, and cooperative agreements) and that all sub recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C.§1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C.§ 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such expenditure or
failure.]
The Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification
and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
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Exhibit R
PIGGYBACKING WORKSHEET
(For FTA Procurements)
Definition: Piggybacking is the post-award use of a contractual document/process that
allows someone who was not contemplated in the original procurement to purchase the
same supplies/equipment through the original document/process.
In order to assist in the performance of your review, in order to determine if a situation
exists where you may be able to participate in the piggybacking (assignment) of an
existing agreement, the following considerations are provided. Ensure that your final file
includes documentation substantiating your determination.
WORKSHEET YES NO
1. Have you obtained a copy of the contract and the solicitation
document, including the specifications, and any Buy-America
Pre-award or Post-Delivery audits?
2. Does the solicitation and contract contain an express
"assignability" clause that provides for the assignment
of all, or a part of the specified deliverables?
3. Did the Contractor submit the "certifications" required by Federal
regulations? See BPPM Section 4.3.3.2 ___
4. Does the contract contain the clauses required by Federal regulations? See
BPPM Appendix Al _ _
5. Were the piggybacking quantities included in the
original solicitation, i.e. were they in the original
bid, and were they evaluated as part of the
contract award decision?
6. If this is an indefinite quantity contract, did the
original solicitation and resultant contract
contain both a minimum and maximum
quantity, and did these represent the
reasonably foreseeable needs of the parties
to the contract?
7. If this piggybacking action represents the
exercise of any option in the contract, is the
option provision still valid, or has it expired?
8. Does your State law allow for the procedures
used by the original contracting agency: e.g.
negotiations vs. sealed bids?
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9. Was a cost or price analysis performed by the
original contracting agency documenting the
reasonableness of the price? Obtain a copy for
your files.
10. Does the contract term comply with the five-year term-limit established by
FTA?
11.Was there a proper evaluation of the bids or proposals? Include a copy of
the analysis in your files.
12. If you will require changes to the vehicles (deliverables),
are they"within the scope" of the contract, or are they
"cardinal changes"? See BPPM Section 9.2.1
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EXHIBIT S
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION(NONPROCUREMENT}
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies,
DOT published an update to 49 CFR Part 29 on November 26,2003. This government-wide
regulation implements Executive Order 12549,Debarment and Suspension,Executive Order
12689,Debarment and Suspension,and 31 U.S.C. 6101 note(Section 2455,Public Law 103-355,
108 Stat. 3327).
The provision of Part 29 apply to all grantee contracts and subcontracts at any level expected to
equal or exceed $25,000 as well as any contract or subcontract(at any level) for Federally
required auditing services.49 CFR 29.220(b).This represents a change from prior practice in that
the dollar threshold for application of these rules has been lowered from $100,000 to $25,000.
These are contracts and subcontracts referred to in regulation as"covered transaction."
Grantees,contractors,and subcontractors(at any level)that enter into covered transactions are
required to verify that the entity(as well as its principals and affiliates)they propose to contract
or subcontract with is not excluded or disqualified.They do this by(a)Checking the Excluded
Parties List System, (b)Collecting a certification from that person,or(c)Adding a clause or
condition to the contract or subcontract. This represents a change from prior practice in that
certification is still acceptable but is no longer required.49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must require
the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement
in their own subsequent covered transactions (i.e.,the requirement flows down to subcontractors
at all levels).
Clause Laneune
The following clause language is suggested,not mandatory.It incorporates the optional method
of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purpose of 49 CFR 29.As such,the
contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates,as defined at 49 CFR 29.905,are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction in enters into.
By signing below and submitting its bid or proposal,the bidder or proposer certifies as
follows:
The certification in this clause is a material representation of fact relied upon by
(Vendor).If it is later determined that the bidder or
proposer knowingly rendered an erroneous certification, in addition to remedies available
to (Vendor),the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment. The bidder
or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while
this offer is valid and throughout the period of any contract that may arise from this
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compliance in its lower tier covered transactions.
VENDOR SIGNATURE REQUIRED FOR ALL PROCUREMENT CONTRACT 525,000.
VENDOR CERTIFIES COMPLIANCE 49 CFR PART 29
Vendor
Date
Signature
Printed Name
Title
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Exhibit T 4/28/2015 12.A.
St. Johns County Purchasing and Contracts Division
Sole Source Required Purchase Data
Date Submitted:
Requesting Department:
Contact Person / Phone #:
Requisition #:
Amount of Purchase:
Recommended Vendor / Contractor:
Please state why this is the only item or service which will fulfill the need:
Verify that this is the only source: ❑ Yes ❑ No
Department Head's Signature and Date:
Buyer's Signature and Date:
Purchasing Director's or Manager's Signature and Date:
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beg.21. 21JA 9.13AM No,2971 P. 1
4/28/2015 12.A.
Exhibit U
APPLICABILITY OF THIRD-PARTY CONTRACT CLAUSES (FTA)
(excluding micro purchases, except for construction contracts over$2,000)
TYPE OF PROCUREMENT
Mana ement
, Professional Operations! Materials&
CLAUSE" Rolling Stock Conitruction
Services/A&E Management Supplies
� " Purchase
No federal government
obligations to third-parties by All All All All All
use of a disclaimer ,
Program fraud and false or
fraudulent statements and All All All All All
related acts
Access to Records All All All All All
Federal changes All All All All All
Civil Rights(EEO,Title VI& All All All Al] All
ADA)
Termination Provisions >$10,000 >$10,000 >510,000 >$10,000 >510,000
Disadvantaged Business
All All All All All
Enterprises(DBEs) 9
Incorporation of FTA Terms All All All All All
Suspension and Debarment >$25,000 >$25,000 >525,000 >$25,000 >$25,000
>$100,000
Buy America >$100,000 >$100,000 (for steel,iron,
manufactured
products)
Provisions for resolution of
disputes,breaches,or other >$100,000 >$100,000 >5100,000 >5100,000 >$I00,000
litigation
Lobbying >$100,000 >5100,000 >$100,000 >5100,000 >5100,000
Clean Air >$100,000 >$100,000 >5100,000 >5100,000 >$100,000
Clean Water >5100,000 >5100,000 >$100,000 >$100,000 >$100,000
Involving Involving Involving
property that property that property that
Cargo Preference may be may be may be
transported by transported by transported by
ocean vessel ocean vessel ocean vessel
Involving Involving Involving Involving Involving
Fly America foreign foreign foreign foreign foreign
transport or transport or transport or transport or transport or i
travel by air travel by air travel by air travel by air travel by air
>$2,000
Davis Bacon Act (including
ferry vessels)
Copeland Anti-Kickback Act >$2,000
(including
ferry vessels)
RENDITION DATE Packet Page-621-
APPLICABILITY OF THIRD-PARTY CONTRACT CLAUSES 4/28/2015 12.A.
(excluding micro purchases, except for construction contracts over$2,000)
TYPE`O 'ROCU1<2F.MENT
�, i l x " d .al' i Y"pwe r E sr eBS10 r a ter$ 1q"P 4 HI;
" C 'C'` =t , frt
410' k X §[ 5a # y� �a kVe01 ek,m e, `m S s Offs y �nr 4 ;-..r ��s e M� r ar&
fi
r,
'`e'VROl mg..rr� ^Constructiofl
Serv�ces,/A&E Management `a.A -,V^ . w Supplies k,
' �.��`"r'¢' �^ `,+�s �'" e z
i x ' ' ..i
>$100,000 >$100,000
Contract Work Hours&Safety (except
Standards Act transportation >$100,000 (including
services)
ferry vessels)
Bonding >$100,000
A&E for New New
Seismic Safety Buildings& Buildings&
Additions Additions
Transit Employee Protective Transit
Arrangements Operations
Charter Service Operations All
School Bus Operations All
Drug Use and Testing Transit
Operations
Alcohol Misuse and Testing Transit
Operations
Patent Rights Research&
Development
Rights in Data and Copyrights Research&
requirements Development
Energy Conservation All All All All All
Contracts for Contracts for Contracts for
items items items
designated by designated by designated by
Recycled Products EPA,when EPA,when EPA,when
procuring procuring procuring
$10,000 or $10,000 or $10,000 or
more per year more per year more per year
Conformance with ITS National ITS Projects ITS Projects ITS ITS Projects ITS Projects
Architecture Projects
Architectural
ADA Access & All All All
Engineering
Special Notification Limited to Limited to Limited to Limited to Limited to
Requirements for States States States States States States
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Exhibit V 4/28/2015 12.A.
EXAMPLES OF REQUIRED CLAUSES (FTA)
BUY AMERICA REQUIREMENTS
49 U.S.C. 5323(j)
49 CFR Part 661
The CONTRACTOR agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which
provide that Federal funds may not be obligated unless steel, iron, and manufactured products used
in FTA-funded projects are produced in the United States, unless a waiver has been granted by
FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and
include final assembly in the United States for 15 passenger vans and 15 passenger wagons
produced by Chrysler Corporation, microcomputer equipment, software, and small purchases
(currently less than $100,000) made with capital, operating, or planning funds. Separate
requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11. Rolling stock not
subject to a general waiver must be manufactured in the United States and have a 60 percent
domestic content.
A bidder or offer must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids on FTA-funded contracts, except those subject to a general waiver. Bids or
offers that are not accompanied by a completed Buy America certification must be rejected as
nonresponsive. This requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 53230)(1)
The bidder or offer hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and
the applicable regulations in 49 CFR Part 661.
Date
Signature
Company Name
Title
Certification requirement for procurement rolling stock.
PRE-AWARD BUY AMERICA COMPLIANCE CERTIFICATION
As required by Title 49 of the CFR, Part 663 —Subpart B,
(the recipient) is satisfied that the buses to be purchased,
(number and description of buses) from
(the manufacturer), meet the requirements of Section 165(b)(3)
of the Surface Transportation Assistance Act of 1982, as amended. The recipient o , or its
appointed analyst o
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(the analyst—not the manufacturer or its agent), has reviewed documentation pr 4/28/2015 12.A.
the manufacturer, which lists (1) the proposed component and subcomponent parts of the
buses identified by manufacturer, country of origin, and cost; and (2) the proposed
location of the final assembly point for the buses, including a description of the activities
that will take place at the final assembly point and the cost of final assembly.
Date:
Signature: Title:
SEISMIC SAFETY REQUIREMENTS
42 U.S.C. 7701 et seq.49
CFR Part 41
The CONTRACTOR agrees that any new building or addition to an existing building will be
designed and constructed in accordance with the standards for Seismic Safety required in
Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to
compliance to the extent required by the regulation. The CONTRACTOR also agrees to ensure
that all work performed under this contract including work performed by a subcontractor is in
compliance with the standards required by the Seismic Safety Regulations and the certification of
compliance issued on the project.
ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq.
49 CFR Part 18The CONTRACTOR agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
CLEAN WATER REQUIREMENTS
33 U.S.C. 1251
The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and agrees that the
purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office. The CONTRACTOR also agrees to include these requirements
in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance
provided by FTA.
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LOBBYING
31 U.S.C. 135249
CFR Part 1949
CFR Part 20
The undersigned [CONTRACTOR] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency, a member of congress, an officer or employee of congress, or an employee of a member of
congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an officer or employee of any agency, a member of congress, an
officer or employee of congress, or an employee of a member of congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions
[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg.
1413 (1/19/96). Note: Language in Paragraph (2) herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et
seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure folin shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The CONTRACTOR, , certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the CONTRACTOR
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification
and disclosure, if any
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
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ACCESS TO RECORDS AND REPORTS
49 U.S.C.5325
18 CFR 18.36 (i)
49 CFR 633.17
In accordance with 49 C.F.R. 633.17, the CONTRACTOR agrees to provide the purchaser, the
FTA Administrator or his authorized representatives, including any PMO Contractor , access to the
contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving Federal financial assistance through the programs described at 49
U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the
simplified acquisition threshold currently set at$100,000.
FEDERAL CHANGES
49 CFR Part 18
The CONTRACTOR shall at all times comply with all applicable FTA regulations,policies,
procedures and directives, including without limitation those listed directly or by reference in the
agreement(Form FTA MA (6) dated October, 1999)between purchaser and FTA, as they may be
amended or promulgated from time to time during the term of this contract. CONTRACTOR's
failure to so comply shall constitute a material breach of this contract.
BONDING REQUIREMENTS
Applicability to Contracts
For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA
may accept the bonding policy and requirements of the recipient, provided that they meet the
minimum requirements for construction contracts as follows:
a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid
guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his
bid, execute such contractual documents as may be required within the time specified.
b. A performance bond on the part to the CONTRACTOR for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all the
contractor's obligations under such contract.
c. A payment bond on the part of the CONTRACTOR for 100 percent of the contract price. A
"payment bond" is one executed in connection with a contract to assure payment, as required by
law, of all persons supplying labor and material in the execution of the work provided for in the
contract. Payment bond amounts required from CONTRACTOR's are as follows:
(1) 50%of the contract price if the contract price is not more than $1 million;
(2) 40% of the contract price if the contract price is more than $1 million but not more than $5
million; or
(3) $2.5 million if the contract price is more than $5 million.
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4/28/2015 12.A.
d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in
lieu of performance and payment bonds, provided the grantee has established a procedure to assure
that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy
the requirement for a bond.
CLEAN AIR
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et m. The CONTRACTOR
agrees to report each violation to the purchaser and understands and agrees that the purchaser will,
in turn, report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office. The CONTRACTOR also agrees to include these requirements in each
subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
RECYCLED PRODUCTS
42 U.S.C. 6962
40 CFR Part 247
Executive Order 12873
These regulations apply to all procurement actions involving items designated by the EPA, where
the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the
cost of such items purchased during the previous fiscal year was $10,000.
The CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited
to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the
procurement of the items designated in Subpart B of 40 CFR Part 247.
DAVIS-BACON ACT
40 USC &167; 276a -276a-5 (1998)
29 CFR§ 5 (1999)
(1) Minimum Wages
(i) All laborers and mechanics employed or working upon the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development
of the project), will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full
amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual relationship which
may be alleged to exist between the CONTRACTOR and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
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1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered w; 4/28/2015 12.A.
such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to
be constructively made or incurred during such weekly period. Such laborers and mechanics shall
be paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as provided in 29 CFR
Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein:
Provided that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination and the Davis-Bacon poster
(WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen by the workers.
(ii) (A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the
classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship
to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area
in which the work is performed.
(B) If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the CONTRACTOR, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where
appropriate), the contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advice the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
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(a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing v 4/28/2015 12.A.
classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR
shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the CONTRACTOR does not make payments to a trustee or other third person, the
CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,
provided, that the Secretary of Labor has found, upon the written request of the CONTRACTOR,
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations
under the plan or program.
(2) Withholding
THE COUNTY shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this
contract or any other Federal contract with the same prime CONTRACTOR, or any other
federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by
the same prime contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by
the CONTRACTOR or any subcontractor the full amount of wages required by the contract. In the
event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project), all or part of the
wages required by the contract, the COUNTY may, after written notice to the CONTRACTOR,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and Basic Records
(i) Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during
the course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the project). Such records
shall contain the name, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for
bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of
the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages
of any laborer or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the
CONTRACTOR shall maintain records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financially responsible, and that the plan or program has
been communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
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apprentices or trainees under approved programs shall maintain written evidence of the 4/28/2015 12.A.
of apprenticeship programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii) (A) The CONTRACTOR shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to ST JOHNS COUNTY for transmission to the Federal Transit
Administration. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR Part 5. This information may be submitted in
any form desired. Optional Form WH-347 is available for this purpose and may be purchased from
the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government
Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the
submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the
CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under
29 CFR Part 5 and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been made either directly or indirectly
from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR
Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the CONTRACTOR or
subcontractor to civil or criminal prosecution under section 1001 of Title 18 and Section 231 of
title 31 of the United States Code.
(iii) The CONTRACTOR or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Federal Transit Administration or the Department of Labor, and shall permit
such representatives to interview employees during working hours on the job. If the
CONTRACTOR or subcontractor fails to submit the required records or to make them available,
the Federal agency may, after written notice to the CONTRACTOR, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and Trainees
(i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the
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work they performed when they are employed pursuant to and individually registered in 4/28/2015 12.A.
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency
recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not individually registered
in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire
work force under the registered program. Any worker listed on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under
the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a CONTRACTOR is performing
construction on a project in a locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid
at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage determination for the
applicable classification.
If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines
that a different practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a
State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship
program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be
paid not less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the
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wage determination for the work actually performed. In the event the Employment a 4/28/215 12.A.
Administration withdraws approval of a training program, the CONTRACTOR will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(iii) Equal employment opportunity- The utilization of apprentices, trainees and journeymen under
this part shall be in conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act Requirements
The CONTRACTOR shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this contract.
(6) Subcontracts
The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses contained in 29
CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by
appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR
5.5.
(7) Contract Termination: Debarment
A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and
for debarment as a CONTRACTOR and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act Requirements
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3,
and 5 are herein incorporated by reference in this contract.
(9) Disputes Concerning Labor Standards
Disputes arising out of the labor standards provisions of this contract shall not be subject to the
general disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the CONTRACTOR (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or
their representatives.
(10) Certification of Eligibility
(i) By entering into this contract, the CONTRACTOR certifies that neither it (nor he or she) nor
any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
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Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.120, /28/2015 1 4
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
40 U.S.C. §§ 327-333 (1999)
29 C.F.R. § 5 (1999)
29 C.F.R. § 1926 (1998)
Pursuant to Section 102 (Overtime):
(These clauses are specifically mandated under DOL regulation 29 C.F.R. § 5.5 and when
preparing a construction contract in excess of$2,000 these clauses should be used in conjunction
with the Davis-Bacon Act clauses
(1) Overtime Requirements
No CONTRACTOR or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages
In the event of any violation of the clause set forth in paragraph (1) of this section the
CONTRACTOR and any subcontractor responsible therefore shall be liable for the unpaid
wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States
for liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth
in Paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for Unpaid Wages and Liquidated Damages
St Johns County, the recipient of federal funds, shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the CONTRACTOR or subcontractor
under any such contract or any other Federal contract with the same prime CONTRACTOR, or
any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime CONTRACTOR, such sums as may be determined to be
necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in Paragraph (2) of this section.
(4) Subcontracts
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The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in this
section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime CONTRACTOR shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in this section.
(Section 102 non-construction contracts should also have the following provision:)
(5) Payrolls and Basic Records
(i) Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during
the course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the project). Such records
shall contain the name, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for
bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of
the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages
of any laborer or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the
CONTRACTOR shall maintain records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financially responsible, and that the plan or program has
been communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. CONTRACTOR's
employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
Section 107 (OSHA):
Contract Work Hours and Safety Standards Act
(i) The CONTRACTOR agrees to comply with section 107 of the Contract Work Hours and
Safety Standards Act, 40 U.S.C. Section 333, and applicable DOL regulations, "Safety and Health
Regulations for Construction" 29 C.F.R. Part 1926. Among other things, the CONTRACTOR
agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or
dangerous surroundings or working conditions.
(ii) Subcontracts -The CONTRACTOR also agrees to include the requirements of this section in
each subcontract. The term "subcontract" under this section is considered to refer to a person who
agrees to perform any part of the labor or material requirements of a contract for construction,
alteration or repair. A person who undertakes to perform a portion of a contract involving the
furnishing of supplies or materials will be considered a "subcontractor" under this section if the
work in question involves the performance of construction work and is to be performed: (1) directly
on or near the construction site, or(2) by the employer for the specific project on a customized
basis. Thus, a supplier of materials which will become an integral part of the construction is a
"subcontractor" if the supplier fabricates or assembles the goods or materials in question
specifically for the construction project and the work involved may be said to be construction
activity. If the goods or materials in question are ordinarily sold to other customers from regular
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inventory, the supplier is not a "subcontractor". The requirements of this section do not �_,
contracts or subcontracts for the purchase of supplies or materials or articles normally available on
the open market.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
1) The purchaser and CONTRACTOR acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities to
the purchaser, CONTRACTOR, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
(2) The CONTRACTOR agrees to include the above clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
(1) The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud
Civil Remedies", 49 C.F.R. Part 31, apply to its actions pertaining to this project. Upon execution
of the underlying contract, the CONTRACTOR certifies or off-urns the truthfulness and accuracy
of any statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed. In
addition to other penalties that may be applicable, the CONTRACTOR further acknowledges that
if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extent the Federal Government
deems appropriate.
(2) The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government
under a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government
reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The CONTRACTOR agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall
not be modified, except to identify the subcontractor who will be subject to the provisions.
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GOVERNMENT-WIDE DEBARMENT AND SUSPENSION(NONPROCURE_4/28/2015 12.A.
49 CFR Part 29
Executive Order 12549
Applicability to Contracts
Executive Order 12549, as implemented by 49 CFR Part 29, prohibits FTA recipients and sub-
recipients from contracting for goods and services from organizations that have been suspended or
debarred from receiving Federally-assisted contracts. As part of their applications each year,
recipients are required to submit a certification to the effect that they will not enter into contracts
over $100,000 with suspended or debarred contractors and that they will require their contractors
(and their subcontractors) to make the same certification to them.
Flow Down
CONTRACTOR's are required to pass this requirement on to subcontractors seeking subcontracts
over $100,000. Thus, the terms "lower tier covered participant" and "lower tier covered
transaction" include both contractors and subcontractors and contracts and subcontracts over
$100,000.
The CONTRACTOR certifies to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency,
2. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction,- violation of Federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)
of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default. (If the primary
participant (applicant for an FTA grant, or cooperative agreement, or potential third party
contractor) is unable to certify to any of the statements in this certification, the participant shall
attach an explanation to this certification.)
THE CONTRACTOR CERTIFIES OR AFFIRMS THE
TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS
SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THE
PROVISIONS APPLICABLE THERETO.
Signature of Contractor's Authorized Official Date
Typed Name and Title of Contractor's Authorized Official
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PRIVACY ACT 4/28/2015 12.A.
5 U.S.C. 552
Contracts Involving Federal Privacy Act Requirements
The following requirements apply to the CONTRACTOR and its employees that administer any
system of records on behalf of the Federal Government under any contract:
(1) The CONTRACTOR agrees to comply with, and assures the compliance of its employees
with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5
U.S.C. § 552a. Among other things, the CONTRACTOR agrees to obtain the express consent of
the Federal Government before the CONTRACTOR or its employees operate a system of records
on behalf of the Federal Government. The CONTRACTOR understands that the requirements of
the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those
individuals involved, and that failure to comply with the terms of the Privacy Act may result in
termination of the underlying contract.
(2) The CONTRACTOR also agrees to include these requirements in each subcontract to
administer any system of records on behalf of the Federal Government financed in whole or in part
with Federal assistance provided by FTA.
CIVIL RIGHTS REQUIREMENTS
29 U.S.C. § 623, 42 U.S.C. § 2000
42 U.S.C. § 6102,42 U.S.C. § 12112
42 U.S.C. § 12132,49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Civil Rights
The following requirements apply to the underlying contract:
(1)Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.
§ 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102,
section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit
law at 49 U.S.C. § 5332, the CONTRACTOR agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin, sex, age, or
disability. In addition, the CONTRACTOR agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race, Color, Creed, National Origin. Sex - In accordance with Title VII of the Civil Rights Act,
as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the CONTRACTOR
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders,
regulations, and Federal policies that may in the future affect construction activities undertaken in
the course of the project. The CONTRACTOR agrees to take affirmative action to ensure that
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applicants are employed, and that employees are treated during employment, without re 4/28/2015 1 2.A.
race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the CONTRACTOR agrees to comply with any
implementing requirements FTA may issue.
(b) Age - In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the CONTRACTOR
agrees to refrain from discrimination against present and prospective employees for reason of age.
In addition, the CONTRACTOR agrees to comply with any implementing requirements FTA may
issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the CONTRACTOR agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the
Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,
pertaining to employment of persons with disabilities. In addition, the CONTRACTOR agrees to
comply with any implementing requirements FTA may issue.
(3) The CONTRACTOR also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.1D (also see Change 1)
Disputes
Disputes arising in the performance of this contract which are not resolved by agreement of the
parties shall be decided in writing by the authorized representative of ST JOHNS COUNTY's
1 1. This decision shall be final and conclusive unless within [ten (10)] days from
the date of receipt of its copy, the CONTRACTOR mails or otherwise furnishes a written appeal
to the In connection with any such appeal, the CONTRACTOR shall be
afforded an opportunity to be heard and to offer evidence in support of its position. The decision of
the shall be binding upon the CONTRACTOR and the CONTRACTOR
shall abide be the decision.
Performance During Dispute
Unless otherwise directed by ST JOHNS COUNTY, the CONTRACTOR shall continue
performance under this contract while matters in dispute are being resolved.
Claims for Damages
Should either party to the contract suffer injury or damage to person or property because of any act
or omission of the party or of any of his employees, agents or others for whose acts he is legally
liable, a claim for damages therefore shall be made in writing to such other party within a
reasonable time after the first observance of such injury of damage.
Remedies
Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in
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agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of
competent jurisdiction within the State in which ST JOHNS COUNTY is located.
Rights and Remedies
The duties and obligations imposed by the contract documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law. No action or failure to act by ST JOHNS
COUNTY, or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them
under the contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
St Johns County has established a Disadvantaged Business Enterprise (DBE) program in
accordance with regulations of the US Department of Transportation (DOT), 49 CFR Part 26. The
County has received Federal financial assistance from the DOT, and as a condition of receiving this
assistance, the Count has signed an assurance that it will comply with 49 CFR Part 26. It is the
policy of the County to ensure that DBEs, as defined in part 26, have an equal opportunity to
receive and participate in DOT assisted contract. It is also our policy:
• To ensure nondiscrimination in the award and administration of DOT assisted contracts;
• To create a level playing field on which DBEs can compete fairly for DOT assisted contracts;
• To ensure that the DBE Program is narrowly tailored in accordance with applicable law:
• To ensure that only forms that fully meet 49 CFR Part 26 eligibility standard are permitted to
participate as DBEs;
• To help remove barriers to the participation of DBEs in DOT assisted contract: and
• To assist the development of firms that can compete successfully in the market place outside the
DBE Program.
St Johns County has established a DBE participation GOAL of for this project. This GOAL
was determined by census data that shows Total Establishments using a NAICS code of 23621.
This data was then compared against a list of qualified DBE films obtained from the State of
Florida's Equal Opportunity Office web site using the same NAICS code of 23621. If the bidder is
DBE certified they must submit a state of Florida Department of Transportation Disadvantaged
Business Enterprise (DBE) Certification. If he bidder is not a DBE firm the contactor entering into
an agreement for this project must meet the following criteria:
1. Achieve the DBE participation GOAL as specified OR
2. Submit documentation detailing the Good Faith Efforts made in researching
potential DBE Firms
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1D (also see Change 1)
Incorporation of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1D (also see Change 1), dated April
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15, 1996, are hereby incorporated by reference. Anything to the contrary herein not 4/28/2015 12.A.
all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this agreement. The CONTRACTOR shall not perform any act, fail to perform any
act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee)
to be in violation of the FTA terms and conditions.
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Exhibit W 4/28/2015 12.A.
Independent Cost Analysis (FTA)
Contract Type Date of Estimate
Description of Goods or Services
Method of Obtaining Estimate
❑ I have obtained the following estimate from
❑ Published Price List/Past Pricing (date)
❑ Engineering or technical Estimate
❑ Independent Third Party estimate
❑ Other(specify)
Cost Estimate Details
Through the method stated above it has been determined that the total cost of goods/
services is expected to be: $ Details are shown below.
A: Cost Standard Items
Product Cost ($/ea) Notes/Data Sources
Delivered No Freight
B: Cost of Services, Repairs, or Non Standard Items
Item/Task
Materials Other Labor Labor Allocated Profit Total
Direct (rate, Class Overhead
Costs hours)
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0-1 0 9 I
4/28/2015 12.A.
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
PURCHASING POLICY MANUAL
EFFECTIVE JANUARY 20, 2015
1
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Page
SECTION 1 — MANUAL OVERVIEW 6
1.1 PURPOSE
1.2 SCOPE
1.3 DISTRIBUTION
1.4 IMPLEMENTATION
1.5 REVISIONS
SECTION 2—GENERAL PURCHASING OVERVIEW 7
2_1 ROLE OF THE FINANCE DEPARTMENT
2i GOOD FAITH POLICY
2_3 CONFLICT OF INTEREST
2_4 ENVIRONMENTALLY PREFERRED PURCHASING
2_5 VENDOR REFERENCE REQUEST
SECTION 3—CASH FUNDS 9
3_1 PETTY CASH POLICY
3_2 PETTY CASH FUNDS AUTHORIZATION
3_3 PETTY CASH FUNDS
3_4 DISALLOWANCE OF PETTY CASH PURCHASES
3_5 CHANGE FUNDS
SECTION 4— PURCHASING CARDS 9
4_1 PURPOSE
4.2 CARDHOLDER USE OF PURCHASING CARD
4.3 PURCHASING CARD REQUIREMENTS
4.4 PROHIBITED USE OF PURCHASING CARDS
4.5 FAILURE TO ABIDE BY PURCHASING CARD POLICIES AND PROCEDURES
4.6 SALES AND USE TAXES
4_7 PURCHASING CARD DISASTER PLAN
4.8 SPECIAL PURCHASES
SECTION 5— PURCHASING PROCESSES 11
5_1 COMPETITIVE PROCESS POLICY
5.2 EXEMPT PURCHASES
5.3 LOCAL PREFERENCE
5_4 PUBLIC ENTITY CRIMES
5_5 PIGGYBACKING: PURCHASE OF GOODS, EQUIPMENT, AND CONTRACTUAL
SERVICES FROM OTHER GOVERNMENTAL BIDS
SECTION 6 —AUTHORIZATION LIMITS 16
6.1 SIGNATURE AUTHORITY
6.2 EXCEPTIONS
2
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SECTION 7— PURCHASES OF $50,000 OR LESS— FORMAL AND INFORMAL QUOTES 17
7.1 QUOTATION THRESHOLDS
7.2 INFORMATION QUOTATIONS
7.3 FORMAL QUOTATIONS
SECTION 8— PURCHASES GREATER THAN $50,000— INVITATIONS TO BID 18
8_1 BID WAIVER
8_2 INVITATIONS TO BID
SECTION 9— REQUEST FOR PROPOSALS 20
9.1 RFP CONTENTS
9_2 RFP AWARD
SECTION 10— REQUEST FOR QUALIFICATIONS 21
10.1 RFQ CONTENT
10.2 RFQ AWARD
SECTION 11 — RESOLUTION OF SOLICITATION AND PROPOSED AWARD PROTESTS 22
11.1 RIGHT TO PROTEST
11.2 RESOLUTION OF PROTESTS
11.3 STAY OF PROCUREMENT DURING PROTESTS
SECTION 12 — PROFESSIONAL AND OTHER SERVICES 23
12.1 COMPETITIVE NEGOTATIONS POLICY
12.2 PROFESSIONAL SERVICES DEFINITION
12.3 AUTHORIZATION TO OBTAIN PROFESSIONAL SERVICES
12A CCNA PROFESSIONAL SERVICES
12.5 COMMUNITY DEVELOPMENT BLOCK GRANT ("CGBG") PROFESSIONAL SERVICES
PROCUREMENT PROCEDURE
12.6 OTHER SERVICES —SPECIALIST, VENDOR AND SPEAKER AGREEMENTS
SECTION 13— MINORITY BUSINESS PARTICIPATION 25
13.1 DEFINITIONS
13.2 COUNTY SELECTION PROCEDURES
13.3 MINORITY BUSINESS ENTERPRISE (MBE) DIRECTORY
SECTION 14—VENDOR PERFORMANCE EVALUTATIONS AND DEBARMENT 26
14.1 VENDOR EVALUATIONS
14.2 DEBARMENT
3
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SECTION 15— PROCUREMENT PROCEDURES FOR STATE OR FEDERALLY FUNDED 28 ,,,OTrv,.
GRANT PROGRAMS
15.1 APPLICATIONS
15.2 ACCEPTANCE
15.3 PROCUREMENT
SECTION 16— CONTRACT PROCEDURE 28
16.1 CONTRACT REQUIREMENTS
16.2 CONTRACT PREPARATION
16.3 CONTRACT AMENDMENTS
SECTION 17—CONTINUING CONTRACTS AND WORK AUTHORIZATIONS 29
17.1 CONTINUING CONTRACTS
17.2 WORK AUTHORIZATIONS
17.3 AMENDMENTS TO WORK AUTHORIZATIONS
SECTION 18 —CONSTRUCTION CONTRACTS 30
18.1 CONSTRUCTION CONTRACTS AND AMENDMENTS
182 APPRENTICESHIP PROGRAM REQUIREMENTS
18.3 BONDING AND INSURANCE REQUIREMENTS
18A RETAINAGE FOR CONSTRUCTION CONTRACTS
18.5 CLOSE OUT OF CONSTRUCTION CONTRACTS
SECTION 19 — EMERGENCY PURCHASES 33
19.1 EMERGENCY PURCHASE POLICY
19.2 DEFINITION OF AN EMERGENCY
19.3 EMERGENCY PURCHASE AUTHORIZATION
19.4 EMERGENCY PURCHASE OVER AUTHORIZATION LIMIT
SECTION 20 —TRAVEL AND EDUCATIONAL EXPENSES 34
20.1 TRAVEL AND EDUCATIONAL REIMBURSEMENTS
202 LOCAL TRAVEL AUTHORIZATION
20.3 OUT OF AREA TRAVEL AUTHORIZATION
20.4 EDUCATION AND TRAINING EXPENSES AUTHORIZATION
SECTION 21 — MISCELLANEOUS OBLIGATIONS 35
21.1 MISCELLANEOUS TRANSACTIONS
SECTION 22—CAPITAL ASSETS 36
22.1 COUNTY-OWNED PERSONAL PROPERTY
22.2 ACQUISITION OF CAPITAL ASSETS
22.3 DISPOSITION OF CAPITAL ASSETS
22.4 HARDWARE/SOFTWARE
4
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ATTACHMENT A PROCUREMENT POLICIES & PROCEDURES FOR CDBG PROGRAMS &
PROJECTS 38
AMENDING RESOLUTIONS AND ORDINANCES SINCE 1991
1994: 94-34,94-49,94-66,94-255
1997: 97-48,97-131,97-144,97-178
1998: 98-25,98-181
1999: 99-234
2001:01-26, 01-102,01-289,01-300
2002: 02-8
2003: 03-253
2004: 04-66,04-159,04-189
2006: 06-183
2008: 08-032,08-118,08-122,08-124,08-191,08-266
2009: 09-005,09-352
2010: 10-067, 10-157
2014: 14-002
2015: 2015-8
5
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SECTION 1 - MANUAL OVERVIEW
1.1 PURPOSE
The purpose of this Purchasing Policy Manual (Manual) is to provide clear direction to all County
employees regarding the purchasing policies of St. Lucie County, Florida. The adoption of this Manual
and the approval of any subsequent revisions by the Board of County Commissioners (Board) shall
authorize the policies contained herein for official use in County business.
1_2 SCOPE
The scope of this Manual includes all departments, offices and dependent taxing districts under the
jurisdiction of the Board, as well as all purchasing transactions that are paid for directly from County funds
under the control of the Board. The scope of this Manual shall not include payroll transactions relative to
the Board.
1.3 DISTRIBUTION
This Manual and related procedures will be available to all County employees and the general public
through the County's intranet and internet sites.
1.4 IMPLEMENTATION
a. The County Administrator shall ensure that written procedures are maintained to implement and
enforce the policies set forth in this Manual.
b. The Finance Department, headed by the Finance Director, and under the authority of the Clerk to the
Board, an independent Elected Officer, shall exercise dual authority over the County purchasing
process for the purpose of implementing and enforcing these policies and related procedures on a
countywide basis, as well as in the Finance Department for its role in the process.
c. The County Administrator, in consultation with the Finance Director, is authorized to determine how
to correct policy errors and violations when they occur. To the extent feasible, the error or violation
should be corrected through implementation of the Manual policy.
d. Violation of any of the policies in this Manual may be grounds for disciplinary action. In addition, a
violation may result in the County's refusal to pay for any improperly ordered goods or services.
e. As allowed by law,the Board shall have the authority, in specific cases determined to be exceptional,
to waive or override the policies in this Manual and to direct a different handling of each such case.
f. To the extent feasible, the Board expects purchases to be planned as part of the budget process.
g. The Board recognizes that all purchases cannot be included in the budget or, when budgeted, the
specific items and costs may not be known. However, employees shall not intentionally divide,
underestimate or otherwise manipulate purchases to avoid the budget process, purchasing
procedures and/or approval requirements.
1.5 REVISIONS
This Manual is to serve as a permanent and up-to-date guide to County purchasing policies. As changes
are approved by the Board, the County Administrator or designee shall be responsible for updating the
Manual and implementing appropriate procedures. The County Administrator is authorized to correct
typographical or scrivener's errors to ensure the Board's policy intent is clear.
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SECTION 2 - GENERAL PURCHASING OVERVIEW
2A ROLE OF THE FINANCE DEPARTMENT
The role of the Finance Department, as an agent of the Clerk to the Board and an independent Elected
Officer, is to serve as the Accountant and Treasurer to the Board. The Finance Department shall exercise
dual authority over the County purchasing process and, specifically, for the following:
a. Pre-auditing all payment requisitions, prior to disbursement, to determine accuracy, legality, and
propriety, and to determine that appropriate policies and procedures have been followed.
b. Rejecting any payment requisition for a purchase transaction in which the policies and procedures
outlined in this Manual have not been followed.
c. Disbursing funds for purchase transactions that are legal and proper, and in compliance with all
appropriate policies and procedures.
d. Recording all disbursements in the County's accounting records.
2_2 GOOD FAITH POLICY
a. A County employee acting in a private capacity shall not rent, lease, or sell any realty, goods, or
services to the County. County Commissioners shall comply with Chapter 112, Part III, Florida
Statutes and other applicable statutes and regulations related to conduct and disclosure. With regard
to the receipt of any benefit or profit from any contract or purchase made by the County, the actions
of the County Commissioners as well as any County employee having the authority to commit the
expenditure of County funds through the issuance of a purchase order shall be governed by Chapter
112, Florida Statutes.
b. No County employee shall solicit or accept anything of value to the employee including a gift, loan,
reward, promise of future employment, favor, or service based on any understanding that the
judgment of the employee would be influenced thereby.
c. The County strives to maintain a strong and enduring relationship with vendors of proven ability. To
accomplish this, purchasing activities will be conducted so that vendors will value County business
and make an effort to meet our requirements on the basis of quality, service and price.
d. The County will buy only from suppliers who have adequate financial strength, high ethical standards,
and a record of adhering to specifications, maintaining shipping promises, and giving a full measure
of service. New sources of supply shall be given due consideration as multiple sources of supply are
necessary to ensure availability of materials.
e. No purchase order or contract shall be knowingly issued when there is evidence of a conflict of
interest. When a conflict may exist, but its existence is not clearly established, the County
Administrator shall refer the matter to the County Attorney whose opinion shall be final in the absence
of any specific action by the Board.
2_3 CONFLICT OF INTEREST
a. All contracts between the County and any vendor or consultant shall contain a conflict of interest
clause as approved by the County Attorney.
b. Any professional consultant that contracts with the County as to the feasibility of any County capital
project shall not be eligible to participate in any future design work on that project that might become
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necessary as a result of the consultant's advice. This policy shall be included in any request for
proposals related to the feasibility of any County project. The Board may waive this policy by majority
vote.
c. In addition to the provisions of Section 2.3(a)(b), federal standards of conduct apply to all federally
supported grant projects, including but not limited to:
1. No elected official, employee, or agent of the County shall participate in selection or in the award
or administration of a contract supported by Federal funds if a conflict of interest, real or apparent
would be involved.
2. Such a conflict would arise when the elected official, employee, or agent, any member of his or
her immediate family, partner, or an organization which employs, or is about to employ, any of
the above, has a financial or other interest in the firm selected or considered for award.
3. The County's elected officials, employees, or agents shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, potential contractors, or parties to sub-
agreements.
d. Violations of the standards of conduct in this Manual may result in disciplinary action as set forth in
Section 112.317, Florida Statutes, provided that such disciplinary action does not conflict with the
jurisdiction of the State of Florida Commission on Ethics.
2A ENVIRONMENTALLY PREFERRED PURCHASING
a. The County will seek to increase acquisition and utilization of environmentally preferred products and
services, consistent with price, performance, availability and safety considerations. Environmentally
preferred purchases are products or services that have a lesser or reduced effect on human health
and the environment when compared with competing products or services that serve the same
purpose.
b. The County may consider paying a reasonable premium for environmentally preferred products and
services.
c. Environmentally preferred purchasing should be taken into account as early as possible in the
planning and decision-making process. Environmentally preferred purchasing shall be considered in
planning and design phases of new construction and renovation projects including energy
conservation, green building technologies and Florida-friendly landscaping. The County will seek to
increase the purchase and use of environmentally preferred office and cleaning supplies and
electronic and computer equipment, including but not limited to the purchase or lease of duplex
printers and copiers, consistent with price, performance, availability and safety considerations.
d. Any vendor contracting with the County is required to purchase products or materials with recycled
content when those products or materials are available at reasonable prices within a reasonable
period of time unless the products or materials fail to meet reasonable performance standards. If the
decision was made not to use recycled products, the vendor shall provide the County with a written
statement indicating the basis for the decision.
2_5 VENDOR REFERENCE REQUEST
From time to time, the County receives requests for references regarding vendors, contractors, and
professional services providers with whom the County does business. In the event an employee receives
a request for a reference, the employee should refer the request to the County Administrator's designee
for response.
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SECTION 3— CASH FUNDS
1.1 PETTY CASH POLICY
The administrative costs and staff time to purchase supplies and services of small monetary value
through the usual purchasing procedures are often excessive in relation to the value of supplies and
services received. In addition, there are vendors which do not accept purchasing cards. For these
reasons, the Board has adopted a Petty Cash policy.
3_2 PETTY CASH PURCHASE AUTHORIZATION
Petty cash purchases are authorized for minor purchases as determined by the County Administrator or
designee. The County Administrator or designee or the Finance Director shall have the authority to
disallow any purchase not made in accordance with such policies and procedures.
13 PETTY CASH FUNDS
The establishment of a petty cash fund and the amount of such a fund for any County department,division
or office must be authorized in writing by the County Administrator.
3A DISALLOWANCE OF PETTY CASH PURCHASES
Any petty cash purchase not made in accordance with County purchasing policies and procedures may
not be paid or reimbursed by the County. The employee may be required to reimburse the County for
such purchase.
3_5 CHANGE FUNDS
The County Administrator is authorized to establish change funds which are cash funds used to make
change for customers paying fees, buying tickets, novelties, etc. Purchases shall not be made from
change funds.
SECTION 4- PURCHASING CARDS
4.1 PURPOSE
The County Administrator or designee shall determine who is issued a purchasing card and the limits of
that card. Written procedures shall be established by the County Administrator to implement the
following:
a. Provide an efficient method of purchasing and paying for goods and services based on the user's
card and per transaction limits;
b. Ensure use of purchasing cards is cost-effective and takes advantage of available discounts;
c. Reduce the use of purchase orders;
d. Ensure that purchasing card purchases are in accordance with the County's ordinances, policies, and
procedures;
e. Ensure that the County bears no legal liability from inappropriate use of purchasing cards;
f. Provide for disciplinary action if the purchasing cards are misused; and
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g. Ensure the purchasing card is used for County-authorized purchases only.
4.2 CARDHOLDER USE OF PURCHASING CARD
a. The purchasing card shall only be used by the employee whose name is embossed on the card. No
other person is authorized to use the card. The cardholder is responsible and accountable for all
transactions that occur on his/her card.
b. The purchasing card shall not be used for any personal use and any such use will require immediate
reimbursement and will result in disciplinary action, which may include dismissal.
4.3 PURCHASING CARD REQUIREMENTS
a. Prior to issuance of a purchasing card, the County Administrator or designee shall determine the
single purchase limit and the 30-day purchase limit for the employee. The maximum limit shall be
$5,000 for a single purchase. Charges shall not be split to stay within the single purchase limit.
Additional limitations may be imposed.
b. When it is in the best interest of the County, the County Administrator or designee can override
spending limits to authorize larger purchases.
c. When in the best interest of the County, the County Administrator may authorize payment by credit
card to take advantage of discounts.
d. The Department Director or Division Manager shall review all employee purchasing card statements
for compliance with County policies and procedures, sign statements indicating approval and ensure
statements are processed in a timely manner. The County Administrator or designee shall review and
approve all purchasing card statements for Department Directors or Administration staff. Statements
approved by the Department Director or Division Manager which comply with purchasing card limits
established by the County Administrator are not required to comply with signature authorization limits
in Section 6.
4.4 PROHIBITED USES OF PURCHASING CARDS
The following types of items shall not be purchased with a purchasing card, regardless of the dollar
amount:
a. Cash advances
b. Alcohol or drugs
c. Capital equipment (equipment over$1,000) except as provided in 4.7.
d. Entertainment, except when authorized in writing by the County Administrator
e. Professional or contracted services that are related to an active County contract
f. Clothing, except uniforms for participants in County programs
g. Food or Recreation, except as approved in writing by the County Administrator for County programs
h. Travel expenses such as hotels, automobile rental, and airline tickets, unless cardholder has a card
specifically authorized by the County Administrator or designee for travel expenses.
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i. Any additional goods or services specifically restricted by the Department Director or
the County Administrator.
4.5 FAILURE TO ABIDE BY PURCHASING CARD POLICIES AND PROCEDURES
Failure to abide by the Manual policies and related procedures regarding purchasing cards may result in
disciplinary action, up to and including termination. The employee may also be required to pay the County
for inappropriate, unauthorized or undocumented purchases and the employee's purchasing card may
be cancelled. If the cancellation of the purchasing card impacts the employee's ability to perform their
essential job functions, appropriate personnel action may be taken.
4.6 SALES AND USE TAXES
The County is exempt from paying any State of Florida sales and/or use tax, even if the purchase is made
with the purchasing card. If the vendor charges sales tax, the cardholder must contact the vendor to
obtain a credit equal to the sales tax.
4_7 PURCHASING CARD DISASTER PLAN
The County Administrator or designee will ensure there are special high limit credit purchasing cards
which will be issued during disaster type emergencies. The County Administrator will ensure these cards
are physically secured and issued only under the direction of the County Administrator.
4.8 SPECIAL PURCHASES
When in the best interest of the County, purchases may be made with a specifically designated
purchasing card that will be in the name of the OMB Director.
SECTION 5- PURCHASING PROCESSES
Si_ COMPETITIVE PROCESS POLICY
Normally, major purchases of materials, supplies, equipment, and contracted services from vendors will
be acquired through competitive processes, including but not limited to, informal and formal quotations,
invitations to bid (ITB), requests for proposals (RFP) and requests for qualifications (RFQ) as outlined in
this Manual or pursuant to State Contract as provided by Chapter 287, Florida Statutes. The only
exceptions permitted to this policy are those authorized in this Manual or authorized by the Board of
County Commissioners.
5_2 EXEMPT PURCHASES
Certain purchases shall be exempt from the competitive processes as provided in this Manual:
a. Purchases less than $5,000;
b. Intergovernmental purchases among County Departments;
c. Governmental purchases of goods or services from or with other governmental agencies;
d. The purchase of or payment for utility services, including but not limited to water and sewer, electric,
telephone, Internet, etc.;
e. The purchase of items under State Contract, General Services Administration Contract pursuant to
Chapter 287, Florida Statutes, once approved by the Board during the budgetary process;
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f. Purchases of computer hardware and software over $50,000 shall be at the discretion of the Board
of County Commissioners;
g. Purchase of library books, educational and/or personnel tests, similar audio/visual materials,
periodicals, printed library cards;
h. Professional services (not related to CCNA), commodities or services purchased directly from a
governmental or nonprofit agency provided no conflict of interest exists; and
i. As allowed by law, direct purchase of goods by a contractor on behalf of the County for a County
project.
5_3 LOCAL PREFERENCE
Except where otherwise provided by federal or state law or other funding source restrictions or as
otherwise set forth in the purchasing policy, St. Lucie County shall give preference to local businesses in
the following manner:
a. "Local Business" defined: For purposes of this section, "local business" shall mean a business which
meets all of the following criteria:
1. Has had a fixed office or distribution point located in and having a street address within St. Lucie,
Indian River or Martin County for at least one year immediately prior to the issuance of the request
for competitive bids or request for proposals by the county. The fixed office or distribution point
must be staffed. Post office boxes are not verifiable and shall not be used for the purpose of
establishing a physical address; and
2. Holds any business license required by St. Lucie County; and Is the principal offeror who is a
single offeror; a business which is the prime contractor and not a subcontractor; or a partner or
joint venturer submitting an offer in conjunction with other businesses.
b. Certification. Any vendor claiming to be a local business as defined above, shall so certify in writing
to the Purchasing Division. The certification shall provide all necessary information to meet the
requirements of the definition of local business above. The purchasing agent shall not be required to
verify the accuracy of any such certifications, and shall have the sole discretion to determine if a
vendor meets the definition of a "local business."
c. The bidder/proposer and all lower tiered subcontractors under the bidder/proposer must properly
classify employees as employees rather than independent contractors and treat them accordingly for
purposes of workers' compensation insurance coverage, unemployment taxes, social security taxes
and income tax withholding.
d. "Non-local business" means a bidder which is not a local business.
e. Waiver of the application of local preference. The application of Local Preference to a purchase or
contract for which the Board is the awarding authority may be waived upon approval of the Board.
f. Comparison of qualifications. The preferences established herein in no way prohibit the right of the
Board to compare quality of materials proposed for purchase and compare qualifications, character,
responsibility and fitness of all persons, firms or corporations submitting bids. Further, the
preferences established herein in no way prohibit the right of the Board from giving any further
preference permitted by law instead of the preferences granted herein.
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g. Local Preference— Invitations to Bid
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 who fails to submit sufficient documentation
with their bid 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, St. Lucie County and its agencies and instrumentalities, will give preference to local
businesses in the following manner:
1. Competitive bid (local price match option). Each formal competitive bid solicitation (i.e. sealed
bids) shall clearly identify how the price order of the bids received will be evaluated and
determined. When a qualified and responsive, non-local business submits the lowest price bid,
and the bid submitted by one or more qualified and responsive local businesses is within 5% 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) offered by the overall lowest, qualified and responsive non-local bidder.
2. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder
are in fact qualified and responsive bidders. Next, the Purchasing Division shall determine if the
lowest local bidder meets the requirements of Section 287.087, Florida Statutes. If the lowest
local bidder meets the requirements of 287.087, Florida Statutes, the Purchasing Division shall
invite the lowest local bidder in writing to submit a matching offer to the Purchasing Division which
shall be submitted in writing to the Purchasing Division within 5 business days thereafter.
3. If the lowest local bidder submits a written offer that does not fully match the lowest bid from the
lowest non-local bidder tendered previously, the next lowest fully qualified local bidder will be
given the opportunity to match if they are within 5%. This cycle shall be repeated until there are
no remaining local bidders within 5%, then award shall be made to the non-local bidder. If the
lowest local bidder does not respond, declines or is unable to match the lowest non-local bid
price(s), then award will be made to the lowest overall qualified and responsive bidder. If the
lowest local bidder does not meet the requirement of Section 287.087, Florida Statutes, and the
lowest non-local bidder does, the lowest local bidder will be disqualified and the next lowest local
bidder will be considered if they are within 5%, award will be made to the bidder that meets the
requirements of the referenced state law. In the event a local bidder is awarded a contract
pursuant to this section, all requests for change orders increasing the cost of the project must be
approved by the Board.
h. Local Preference— Requests for Proposals (RFP)
In purchasing of, or letting of contracts for procurement of, personal property, materials, contractual
services, and construction of improvements to real property or existing structures for which a request
for proposals is developed with evaluation criteria, a local preference of the total score may be
assigned for a local preference, as follows:
1. Local businesses which meet all of the criteria for a local business as set forth in this article shall
be given a preference in the amount of five percent of the total score of the local business.
2. Based upon analysis of the marketplace for each project, staff shall make a recommendation for
or against inclusion of a local preference in the criteria for consideration by the Board as a part of
the pre-publication process for each request for proposal or bid.
i. Notice. Both bid documents and request for proposal documents shall include notice to vendors of
the local preference policy.
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j. Reciprocity. In the event any other Florida county or municipality ("local government") deemed
appropriate by the Board, extends preferences to local businesses, St. Lucie 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. Vendors must also be authorized to do business in St. Lucie
County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting
their bid 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 St. Lucie County firms competing for its contracts.
k. Limitations.
1. The provisions of this policy shall apply only to procurements which are above the formal bid
threshold as set forth in the St. Lucie County Purchasing Policies Manual.
2. The provisions of this policy shall not apply where prohibited by federal or Florida law or where
prohibited under the conditions of any grant.
3. The provisions of this policy shall not apply to any purchase exempted from the provisions of the
St. Lucie County Purchasing Policies Manual.
4. The provisions of this policy shall not apply to contracts made under the Consultants Competitive
Negotiation Act (CCNA), Section 287.055, Florida Statutes.
5. The provisions of this policy shall not be applied to any procurement where the local nature of a
business has been addressed through the scoring criteria.
5A PUBLIC ENTITY CRIMES
a. Pursuant to Section 287.133, Florida Statutes, the Board shall not accept any bid from, award any
contract to, or transact any business in excess of$25,000 with any person or affiliate on the Convicted
Vendor List kept by the State of Florida Department of General Services for a period of thirty-six (36)
months from the date that person or affiliate was placed on the Convicted Vendor List that unless that
person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes.
b. All Invitations to Bid, Requests for Proposals and Requests for Qualifications shall include provisions
regarding public entity crimes in compliance with Section 287.111, Florida Statutes, as it may be
amended, and as provided by the County Attorney.
c. In the event that the Board was transacting business with a person at the time of the commission of
a Public Entity Crime which resulted in that person being placed on the Convicted Vendor List, the
Board shall not accept any bid from, award any contract to, or transact any business with any other
person which under the same, or substantially the same, control as the person whose name appears
on the Convicted Vendor List so long as that person's name appears on the Convicted Vendor List.
d. For the purposes of this section, the following definitions shall apply:
1. "Affiliate" means a predecessor or successor of a person convicted of a Public Entity Crime; or,
an Entity under the control of any natural person who is active in the management of the Entity
and who has been convicted of a Public Entity Crime. The term "Affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
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has been convicted of a Public Entity Crime in Florida during the preceding thirty-six (36) months
shall be considered an Affiliate.
2. "Convicted" or"Conviction" means a finding of guilt or a conviction of a Public Entity Crime, with
or without an adjudication of guilt, in any Federal or State Trial Court of Record relating to charges
brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial,
or entry of a plea of guilty or nolo contendere.
3. "Convicted Vendor List" means the list required to be kept by the State of Florida Department of
Management Services.
4. "Person" means any Natural Person or any Entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or applies to bid
on contracts let by the Board of County Commissioners or which otherwise transacts or applies
to transact business with the Board of County Commissioners. The term "Person" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are
active in management of an Entity.
5. "Public Entity" means the State of Florida, any of its departments or agencies, or any political
subdivision.
6. "Public Entity Crime" means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any Public Entity or with an agency or political
subdivision of any other state or with the United States, including, but not limited to, any bid,
proposal, reply or contract for goods or services, any lease for real property, or any contract for
the construction or repair of a public building or public work, to be provided to any Public Entity or
an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
e. Each Vendor shall be required to comply with the requirements of Section 287.133 Florida Statutes.
f. The following statement, as it may be amended by the County Attorney, shall appear in all bid
specifications and Requests for Proposals:
PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal or reply on a contract
to provide any goods or services to the County, may not submit a bid, proposal, or reply on a contract
with the County for the construction or repair of a public building or public work, may not submit bids,
proposals or replies on leases of real property to the County, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not
transact business with the County in excess of $25,000 for a period of 36 months from the date of
being placed on the convicted vendor list.
The County will not intentionally award publicly-funded contracts to any contractor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provisions contained
in 8 U.S.C. Section 1324a (Section 274A(e) of the Immigration and Nationality Act ("INA")). The
County shall consider the employment by any contractor of unauthorized aliens a violation of Section
274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of the Agreement by the
County.
5_5 PIGGYBACKING: PURCHASE OF GOODS, EQUIPMENT, AND CONTRACTUAL SERVICES FROM
OTHER GOVERNMENTAL BIDS
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a. In lieu of informal or formal quotations, or issuance of an Invitation to Bid, the County may piggyback
off of contracts of other governments and agencies to procure goods and services if the following
conditions are present:
1. The bid documents and selection procedures used by the other government or agency are
consistent with the County's purchasing regulations; and
2. The vendor is willing to sign a County contract form (if applicable) as prepared by the County
Attorney's Office; and
3. The vendor is willing to offer to the County the same unit prices used in the original contract/bid;
and
4. The unit prices in the original contract(s) include every item that the County intends to purchase
from the vendor.
b. Piggybacking may not be used for the following types of agreements, unless first approved by the
County Administrator:
1. Construction services
2. Professional services contracts
3. Any good or service where the County would utilize a Request for Proposals or a Request for
Qualifications.
c. The County allows other governmental entities to piggyback off of its contracts.
d. Approval of a bid waiver is not required to piggyback off contracts which meet the requirements of
this section.
SECTION 6 —AUTHORIZATION LIMITS
6.1 SIGNATURE AUTHORITY
The signature authority for purchases of usual and ordinary goods and services, including but not limited
to, requisitions, purchase orders, work authorizations, contracts and contract amendments, is listed
below. Signature authority for work authorization amendments and change orders is indicated in
Sections 17.2 and 18.1, respectively. With approval of the County Administrator, the signature authority
may be delegated in writing on a temporary basis due to the absence of the authorized employee or a
vacancy in the position or such other situations as necessary to ensure continuity of County operations.
As determined by the County Administrator, purchase of goods and services that are not typical of or
necessary for County operations and management and/or were not approved in the budget may require
Board approval.
a. $500 or less — any authorized employee approved by the Department Director or County
Administrator.
b. $5,000 or less — Division Manager or other Manager approved by the County Administrator
c. $15,000 or less — Department Director; the County Administrator may authorize up to $20,000 for
specific Department Directors.
d. $25,000 or less—Assistant County Administrator
e. $50,000 or less—County Administrator
1. Contracts for more than $50,000 will be presented to the Board for approval and executed by the
Chair of the Board or the Vice-Chair in the Chair's absence.All contracts executed by the Board must
be attested to by the Clerk of the Board or a Deputy Clerk as determined by the Clerk.
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6_2 EXCEPTIONS
a. The purchase of or payment for goods and services which have been specifically approved by the
Board in the Department/Division budget or through an agenda item are not subject to signature
authorization requirements. Procedures will be established by the County Administrator which ensure
these transactions are processed in accordance with the Board approval. The procedures shall
require the user Department Director and the OMB Director or designee to review and approve the
purchase or payment documents.
b. Payments for utility bills, including electric, water, sewer, phone, internet and related services and
purchasing card statements are exempt from authorization limits and shall be processed in
accordance with procedures established by the County Administrator. The procedures shall require
Department Directors to review and approve payment of these bills.
c. The Board or the County Administrator(up to$50,000)may increase the signing authority of a director
or other employee for purposes of a specific program or purposes. Such increase shall be approved
in writing and specify the limitations of the signing authority.
SECTION 7 - PURCHASES OF $50,000 OR LESS — FORMAL AND INFORMAL QUOTES
7_1 QUOTATION THRESHOLDS
a. Purchases of$5,000 or less are exempt from Section 7 policies.
b. Purchases of goods or services over$5000 and up to and including$15,000 normally will be acquired
through informal quotations.
c. Purchases of goods or services over $15,000 up to and including $50,000 normally will be acquired
through formal quotations.
d. If there is a sole source for an item $50,000 or less, the requirement for formal/informal quotations
may be waived by the County Administrator or designee based upon written justification.
e. Competition is facilitated by utilizing a rotating schedule of vendors and obtaining at least three
quotes. As often as feasible, local vendors should be utilized. The County Administrator or designee
shall maintain an updated list of local vendors and the goods and services they provide.
f. Utmost care must be taken to insure that vendors are given exactly the same information and that
prices are not disclosed from one vendor to another.
7.2 INFORMAL QUOTATIONS
a. Informal quotations are used for purchases of items or services more than $5,000 and up to and
including $15,000 and may be obtained by telephone, in person or in writing. A rotating schedule of
vendors should be utilized per 7.1(e).
b. The most responsive, responsible bidder should be selected. For purposes of this section, the most
responsive, responsible bidder shall be the bidder whose proposal is determined to be most
advantageous to the County taking into consideration factors identified in the quote, such as
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1. Price;
2. Capability, integrity and reliability of the bidder to assure good faith performance;
3. Environmentally preferred purchasing;
4. Completion and/or delivery date; and/or
5. Other relevant evaluation factors.
7_3 FORMAL QUOTATIONS
Formal quotations shall be used for purchases of items or services over$15,000 and up to and including
$50,000 or when bidding requirements have been waived or exempted for items or services over$50,000
as provided in this Manual.
a. Formal quotations will be solicited in writing with proper specifications from at least three (3) vendors
if feasible. Requests for formal quotations are not required to be advertised. A rotating schedule of
vendors should be utilized per Section 7.1(e).
b. If the specifications for a formal quotation are changed after the original notice to vendors, the
requesting Department shall issue an addendum.
c. The most responsive, responsible bidder should be selected. For purposes of this section, the most
responsive, responsible bidder shall be the bidder whose proposal is determined to be most
advantageous to the County taking into consideration factors identified in the quote, such as
1. Price;
2. Capability, integrity and reliability of the bidder to assure good faith performance;
3. Environmentally preferred purchasing;
4. Completion and/or delivery date; and
5. Other relevant evaluation factors.
d. For purchases over $50,000, when bidding requirements have been waived and three formal
quotations have been received, the County Administrator shall make the determination of the most
responsive, responsible bidder.
SECTION 8 - PURCHASES GREATER THAN $50,000 — INVITATIONS TO BID
Except as provided elsewhere in the Manual, purchase of goods and services for more than $50,000
shall be acquired through Invitations to Bid (ITB) which requires submission of formal sealed bids or
under a State Contract, or Federal General Services Administration Contract pursuant to Chapter 287,
Florida Statutes. Advertisements for ITBs must be approved by the County Administrator or designee.
8A BID WAIVER
Certain purchases for more than $50,000 shall be acquired through quotations if there is a waiver of the
requirement for formal sealed bids by the Board of County Commissioners.
a. The waiver of formal sealed bids may be requested based on one of the following:
1. If an emergency exists which would result in a direct loss to the County or imminent damage to
public safety or health by requiring competitive bids due to the time loss inherent in the bidding
procedures. In cases of emergency, the County Administrator may approve the bid waiver and
submit the waiver request to the Board at the next scheduled meeting or a special meeting.
2. If there is only a single source for the goods or service.
3. If used items are available that would provide substantial savings over purchase of new items.
4. If the request is for a service contract for the maintenance, repair, or servicing of existing facilities
or equipment owned or leased by the County.
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5. If quotations indicate that the item may be purchased for a price which is less than the price if
purchased through State Contract as provided by Chapter 287, Florida Statutes.
6. If the product is available from the State Department of Corrections Nonprofit Corporation for
Correctional Work Programs organized under Chapter 946, Florida Statutes, as it may be
amended.
7. If no bids or only one bid is received in response to a request for formal sealed bids.
8. If the Board determines that it is in the best interests of the County to do so.
b. For construction contracts, only a(1), a(2) or a(7) above may justify a bid waiver request at a public
hearing. All bid waiver requests for construction projects must be approved by the County Attorney's
office to ensure compliance with FS 255.20 prior to scheduling the public hearing.
8_2 INVITATIONS TO BID
Invitations to Bid (ITB) are formal sealed bids and will normally be used for purchases of goods and
services more than $50,000.
a. Except as stated herein, St. Lucie County follows the general criteria set forth in Section 287.057,
Florida Statutes, for the acquisition of commodities (i.e., goods) and contractual services (i.e.,
construction contracts, maintenance and repair contracts).
b. A public announcement of the ITB shall be made through a local newspaper for one day (required)
and other approved media, including an agreement with an outside provider of such services. The
announcement shall include a description of the project and/or goods required, and where interested
bidders may apply for consideration. All bid information will be available on the internet.
c. The ITB for construction contracts must include requirements for complying with the Apprenticeship
Program requirements as provided in Section 18.
d. As allowed by law, the ITB must include Local Preference criteria provided in Section 5 unless waived
by the Board.
e. If the specifications for an ITB are changed after the original advertising and mailing to vendors, the
addendum procedure will be implemented. The addendum shall clearly point out any addition or
change to the specifications. All prospective bidders who have received specifications are to be
notified of the addendum by email or fax. The vendor is responsible to obtain and incorporate all
addenda into their bid. No addendum shall be issued five (5) days prior to a bid opening without
extending the bid opening date unless the change or clarification does not materially affect the bid.
f. The bid shall be considered responsive if it answers all required information, contains any and all
required bonds, and is duly signed by an authorized officer of the entity on behalf of the entity. Only
complete bids shall be considered. Any incomplete bid shall be deemed as non-responsive.
g. The Board reserves the right to:
1. Waive any informalities or minor irregularities;
2. Reject any and all bids which are incomplete, conditional, obscure, or which contain additions not
allowed for in the bid;
3. Cancel, accept or reject any and all bids in whole or in part with or without cause;
4. Disqualify any and all bidders if there is any reason to believe that collusion or fraud exists among
bidders; or
5. Accept the bid which best serves the County.
h. The bids will be received until the prescribed time and will be opened immediately thereafter. The
following minimum criteria shall be considered in order of importance in evaluating bids.
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1. Price;
2. Compliance with ITB specifications, including delivery date, materials, processes, etc. Should the
low bid be responsive but deviate from the specifications contained in the ITB, such deviation
shall be reviewed for suitability to achieve the County's purpose; and
3. Compliance with other Board purchasing policies such as the Local Preference policy and the
Apprenticeship policy as applicable.
j. The County Administrator or designee shall make a recommendation to the Board regarding the
award of the ITB.
SECTION 9 - REQUEST FOR PROPOSALS
A Request for Proposal (RFP) is a purchasing method that is utilized when a variety of relevant factors
in addition to price will be evaluated. Advertisements for RFPs must be approved by the County
Administrator or designee.
9A RFP CONTENTS
a. A public announcement of the RFP shall be made through a local newspaper for one day (required),
and other approved media and shall include a description of the project, services and/or goods
required, and where interested bidders may apply for consideration.
b. The RFP shall include, but is not limited to, the following:
1. Description of the scope of services requested. The description shall be sufficient to assure that
all proposers have the same understanding of the requested services, material or product
specifications, time schedule and expectations.
2. Request for specific and general information on how the proposer will proceed with the project
including written documentation of the proposer's expertise and ability to perform the requested
service.
3. Requirements for submission of concept plans or approaches, if applicable.
4. The criteria upon which the proposal will be evaluated, including the Local Preference criteria as
provided in Section 5 and the Apprenticeship requirement as provided in Section 18, as
applicable.
5. Specific instructions on how,when and where the proposals shall be submitted, including the date
the proposal will be opened.
6. Requirement that the proposal be submitted as a sealed package and contain all required
information, documents and signatures.
7. Statement that the Board reserves the right to reject all irregular proposals or to reject all
proposals if it is deemed by the Board to be in the best interest of the County.
9_2 RFP AWARD
a. The County Administrator or designee shall approve the appointment of a selection committee which
shall not be composed of more than 50% of members from the user department unless approved by
the County Administrator in advance. If multiple departments will be utilizing the contract, no single
department shall compose more than 50% of the committee members. The Board may exercise its
option to appoint itself to serve as the selection committee.
b. The County Administrator or designee shall make a recommendation to the Board regarding the
award of the RFP if the cost is more than $50,000.
c. The Board reserves the right to:
1. Waive any informalities or minor irregularities;
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2. Reject any and all proposals which are incomplete, conditional, obscure, or which contain
additions not allowed for in the proposal;
3. Cancel, accept or reject any and all proposals in whole or in part with or without cause;
4. Disqualify any and all proposers if there is any reason to believe that collusion or fraud exists
among proposers; or
5. Accept the proposal which best serves the County.
SECTION 10 — REQUEST FOR QUALIFICATIONS
A Request for Qualifications (RFQ) is a purchasing process utilized to select firms or businesses to
provide goods, equipment, or services based on qualifications. This process is also required for selection
of professional services specified in the Consultants Competitive Negotiation Act (CCNA), Section
287.055, Florida Statutes. Advertisements for RFQs must be approved by the County Administrator or
designee.
10.1 RFQ CONTENT
a. A public announcement of the RFQ shall be made through a local newspaper for one day (required)
and other approved media and shall include a description of the project, goods and/or services
required, and where interested bidders may apply for consideration.
b. The RFQ shall include, but is not limited to:
1. A description of the scope of services requested. The description shall be sufficient to assure
that all proposers have the same understanding of the requested services, time schedule and
expectations.
2. A request for specific and general information on how the proposer is qualified to perform the
requested services, including examples of prior work and references.
3. Requirements for submission of concept plans or approaches, if applicable.
4. Criteria upon which the proposal will be evaluated, including the Local Preference criteria as
provided in Section 5, as applicable.
5. Specific instructions on how,when, and where the proposals shall be submitted including the date
the proposal will be opened.
6. Requirement that the proposal be submitted as a sealed package and include all required
information, documents and signatures.
7. Statement that the Board reserves the right to reject all irregular proposals or to reject all
proposals if it is deemed by the Board to be in the best interest of the County.
10.2 RFQ AWARD
a. Responses to RFQs shall be evaluated by a selection committee appointed by the County
Administrator or designee. The selection committee shall not be composed of more than 50% of
members from the user department unless approved by the County Administrator in advance. If
multiple departments will be utilizing the contract, no single department shall compose more than
50% of the committee members. The Board may exercise its option to appoint itself to serve as the
selection committee.
b. The County Administrator or designee shall make a recommendation to the Board regarding the
award of the RFQ if the cost is more than $50,000. Upon the selection of a short-list of qualified firms
approved by the Board, and unless otherwise directed by the Board, staff may:
1. Enter into scope of work and fee negotiations with the firm or firms determined to be qualified; or
2. Issue Invitations to Bid or Requests for Proposals to short-listed firms.
c. The Board reserves the right to:
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1. Waive any informalities or minor irregularities;
2. Reject any and all proposals which are incomplete, conditional, obscure, or which contain
additions not allowed for in the proposal;
3. Cancel, accept or reject any and all proposals in whole or in part with or without cause;
4. Disqualify any and all proposers if there is any reason to believe that collusion or fraud exists
among proposers; and/or
5. Accept the proposal which best serves the County.
d. Professional services regulated by CCNA may be acquired through RFQs provided that the
requirements of Section 12 of this Manual are met.
SECTION 11 - RESOLUTION OF SOLICITATION AND PROPOSED AWARD PROTESTS
11.1 RIGHT TO PROTEST
Any actual or prospective bidder or offeror who believes he is aggrieved in connection with the solicitation
or proposed award of a contract may file a written protest with the County Administrator or designee. The
protest shall be submitted in writing within twenty-four (24) hours, not including Saturdays, Sundays or
County closings, after such aggrieved person knows or should have known the facts giving rise to the
alleged grievance.
11.2 RESOLUTION OF PROTESTS
a. The County Administrator or designee shall consult with the County Attorney concerning any protest
involving the solicitation or prospective award of a contract bid. Following consultation with the
County Attorney, the County Administrator or designee shall attempt to resolve the protest.
b. If the protest is not resolved by mutual agreement, a written decision on the protest shall be issued
by the County Administrator after consultation with the County Attorney. Copies of the written
decision will be mailed to the protesting vendor and any other vendor requesting a copy. The written
decision shall:
1. State the reasons for the decision.
2. Inform the protesting vendor of his right to administrative review.
c. The protesting vendor may appeal the decision of the County Administrator to the Board by filing a
written petition of appeal with the County Administrator within 24 hours of the date of the decision,
not including Saturdays, Sundays and County closings.
d. The Board of County Commissioners shall review the petition at a public meeting within thirty (30)
calendar days from the date of filing the appeal. The protesting vendor and the vendor who was
recommended for award by the selection committee shall be provided reasonable notice of the time,
date, and place of the public meeting by certified mail, return receipt requested, and invited to attend.
e. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless an extension of
time is granted by the Board. Copies of the decision of the Board shall be distributed to the protesting
vendor and any other party intervening.
11.3 STAY OF PROCUREMENT DURING PROTESTS
In the event of a timely protest, the County shall not proceed further with the solicitation or award of the
contract pending resolution of the protest or determination by the Board of County Commissioners that
award of the contract must be made without further delay in order to protect the substantial interests of
the County.
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SECTION 12 - PROFESSIONAL AND OTHER SERVICES
12.1 COMPETITIVE NEGOTIATIONS POLICY
Because price differences may only be a minor consideration compared to the quality of the professional's
work, professional services are exempted from the County's quotation, Invitation to Bid or Request for
Proposal policies. Instead, professional services will be acquired through competitive negotiations. The
Professional Services procedure described below also insures that the County complies with Section
287.055, Florida Statutes, known as the Consultant's Competitive Negotiation Act (CCNA).
12.2 PROFESSIONAL SERVICES DEFINITION
A Professional Service is assistance obtained in support of County operations from a consultant in a
professional field. Services in the following fields are considered Professional Services:
a. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals.
b. Legal Services - attorneys, including bond counsel, title insurance and services, and other legal
professionals or experts.
c. Financial Services - rating and underwriting, financial advisor, investment related or other financial
services.
d. Appraisal Services - real and personal property appraisers.
e. Audit and Accounting Services - auditors and accountants.
f. Consultants - Planning, Management or Scientific Consultants.
g. Professional Services Regulated by the CCNA, as may be amended from time to time, including
those services within the scope of the practice of architecture, professional engineering, landscape
architecture, or registered surveying and mapping, as defined by the laws of the State of Florida, or
those Professional Services performed by any architect, professional engineer, landscape architect,
or registered surveyor or mapper in connection with his or her employment or practice.
12.3 AUTHORIZATION TO OBTAIN PROFESSIONAL SERVICES
a. Legal Services - All requests for outside legal services shall be approved by the County Attorney
within the amount budgeted for professional legal services by the Board.
b. Auditor Services-All requests for Auditor Services will be referred to the Auditor Selection Committee
established pursuant to Section 11.45, Florida Statutes, and as amended from time to time.
Negotiations for such services shall be conducted as described therein.
c. Financial Services - All requests for financial services to include rating and underwriting, financial
advisor, investment related and other financial services shall be approved by the Board.
d. Authorization for obtaining the services listed below shall be approved by the County Administrator.
The County Administrator is authorized to execute all professional services contracts listed below, for
a total fee of $50,000 or less. When the total fee is expected to exceed $50,000, the County
Administrator may require the user Department requesting the services to prepare an RFQ, RFP,
utilize an existing continuing contract or seek Board approval of the recommended vendor(s).
1. Appraisal Services - real and personal property appraisers
2. Consultants - Planning, Management or Scientific Consultants
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3. Medical Services— medicine, psychiatry, dental, hospital, and other health professionals.
e. Authorization for requests for all CCNA professional services must be reviewed and approved by the
County Administrator. Selection of firms to provide these services must follow Section 287.055,
Florida Statutes, known as the Consultant's Competitive Negotiation Act(CCNA)and selection policy
listed below.
12.4 CCNA PROFESSIONAL SERVICES
CCNA professional services shall be selected through the Request for Qualifications process. Per Florida
Statutes, a continuing contract work authorization for CCNA professional services may be utilized if the
total fee for a planning or study activity is $200,000 or less or if the basic construction costs are not
expected to exceed $2,000,000.
a. The RFQ shall be consistent with the requirements in Section 10 of this Manual.
b. In addition, a statement that the proposer shall not include proposed compensation as part of the
proposal or that proposed compensation shall be provided in a separate sealed package. Such
proposals for compensation will only be considered during competitive negotiations.
12.5 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROFESSIONAL SERVICES
PROCUREMENT PROCEDURE
The County shall adhere to federal regulations governing Community Development Block Grant
("CDBG") funds, when obtaining professional services for CDBG.
12.6 OTHER SERVICES - SPECIALIST, VENDOR AND SPEAKER AGREEMENTS
a. The County Administrator is authorized to enter into agreements for other services through specialist,
speaker, event vendor and exhibitor agreements. The form of the agreement shall be approved by
the County Attorney. Limitations regarding signature authority apply to these agreements.
b. Excluding services covered by the CCNA, specialist agreements may be utilized for projects or
services that require a level of skill or knowledge that cannot be readily obtained through temporary
hiring and/or funding of a permanent position is not required or feasible. Examples include project
managers, grant writers, event planning or provision of recreational programs.
c. Specialists are considered independent contractors. However, background screening will be
conducted in accordance with County policy.
d. Speaker agreements may be utilized for presentations to the general public, County-sponsored
special events and related activities. Background screening is not required if staff will be present at
all times and presentations are limited to a specific event or program.
e. Vendor and exhibitor agreements may be utilized for County-sponsored events. Background
screening is not required if staff will be present at all times and services are limited to a specific event
or program.
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SECTION 13 - MINORITY BUSINESS PARTICIPATION
III contractors are encouraged to assist Florida's small and minority businesses in doing business with the Board.
Each contractor in assisting small and minority businesses will help to expand and develop the small and minority
business sector of St. Lucie County.
13. 1 DEFINITIONS
a. "Certified Minority Business Enterprise" means a business enterprise which has been certified by the
State of Florida Department of Management Services as a minority business enterprise in accordance
with the provisions of the "Small and Minority Business Assistance Act of 1985".
b. "Minority Business Enterprise" means any small business concern which is organized to engage in
commercial transactions, which is domiciled in Florida, and which is at least fifty-one percent (51%)
owned by minority persons, and whose management and daily operations are controlled by such
persons. A minority business enterprise may primarily involve the practice of a profession.
c. "Minority Person" means a lawful permanent resident of Florida who is:
1. A Black American - a person having origins in any of the Black racial groups in Africa.
2. A Hispanic-American - a person of Spanish or Portuguese culture, with origins in Mexico, South
America, Central America, or the Caribbean, regardless of race.
3. An Asian American - a person having origins in any of the original people of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Island, including the Hawaiian Islands
prior to 1778.
4. A Native American - a person who having origins in any of the Indian Tribes of North America
prior to 1835.
5. An American woman.
d. "Small Business" means an independently owned and operated business concern which employs fifty
(50) or fewer full-time employees, and which has a net worth of not more than one million dollars
($1,000,000). As applicable to sole proprietorships, the one million dollars ($1,000,000) net worth
requirement shall include both personal and business investments.
13.2 COUNTY SELECTION PROCEDURES
a. The County shall make a good faith effort to provide interested minority business enterprises or
minority persons with adequate information about the plans, specifications and requirements of
contracts or the availability of jobs;
b. The County shall make a good faith effort to effectively use services and resources of available
minority community organizations, minority contractors' groups, local, state, and federal minority
business assistance officers, and other organizations that provide assistance in the recruitment and
placement of minority business enterprises or minority persons; and
c. The County shall make a good faith effort to provide written notice to a reasonable number of minority
business enterprises that their interest in contracting with the County is being solicited in sufficient
time to allow the minority business enterprises to participate effectively.
13.3 MINORITY BUSINESS ENTERPRISE (MBE) DIRECTORY
The Minority Business Enterprise (MBE) Directory for the County shall be the vendors list of certified
minority business enterprises prepared and maintained by the State of Florida Department of
Management Services pursuant to Section 287.0943, Florida Statutes. In addition, any business which
the Small Business Administration has identified as an 8(a)firm shall be eligible for listing in the Directory.
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The purpose of this Directory is to enable the County's prime contractors to identify and utilize minority
business enterprises.
SECTION 14 - VENDOR PERFORMANCE EVALUATIONS AND DEBARMENT
14A VENDOR EVALUATIONS
a. The County Administrator shall provide written procedures for evaluation of vendor performance.
Such evaluations shall be performed within 30 days of close out of the project by the project manager
and Director or Manager of the user department. Evaluations shall be mandatory for all construction
projects that are equal to or greater than$250,000 and for all contracts issued through RFPs or RFQs.
At the Department Director's discretion, vendor evaluations may be completed at any time, regardless
of amount, to document excellent or poor performance.
b. The vendor shall be provided a copy of the evaluation and may submit a written statement concerning
the evaluation. The procedures shall also provide a process whereby the vendor may enter into an
agreement with the County Administrator or designee for an opportunity to improve performance on
future County projects.
c. Prior evaluations will be provided to selection committees or user departments when considering
vendor/contractor performance for purposes of awarding a contract, bid or quote.
14.2 DEBARMENT
For the purposes of this policy, debarment means that a vendor is prohibited from submitting quotations,
bids or proposals to perform work for St. Lucie County.
a. Cause for Debarment. The causes for Debarment include:
1. Entry of a plea of guilty, no contest or nolo contendere to or 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 performance of such contract.
2. Entry of a plea of guilty, no contest or nolo contendere or conviction under state or federal statutes
of embezzlement, theft, forgery, bribery, falsification or destruction of records, or receiving stolen
property, or any other offense indicating lack of business integrity or business honesty which
currently, seriously, and directly affects responsibility as a County contractor.
3. Entry of a plea of guilty, no contest or nolo contendere or conviction under state or federal anti-
trust statutes arising out of submission of bids or proposals.
4. Violation of any contract provision or as set forth below and which is regarded by the County
Administrator as cause for Debarment, including but not limited to:
i. Failure without good cause to perform in accordance with specifications or within the time
limits provided in the contract;
ii. A record of failure to perform or of unsatisfactory performance in accordance with the terms
of one or more contracts within the previous three (3) years; provided that failure to perform
or unsatisfactory performance caused by acts beyond the control of the contractor shall not
be considered to be a basis for Debarment;
iii. Refusal to enter into a contract with the County by failing to provide bonds, insurance, or other
required certificates within the time periods as specified in bid/RFP response;
iv. Falsification of records related to contract performance, costs, payments or required
documentation;
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v. Refusal to accept a purchase order, agreement or contract, or to perform thereon, provided
such order was issued timely and in conformance with the offer received;
vi. Presence of principals or corporate officers in the business or concern who were principals
within another business at the time when the other business was suspended within the last
three (3) years under the provisions of this section;
vii. Violation of the ethical standards set forth in state law;
viii. Providing anything of value, including but not limited to, a gift, loan, reward, promise of future
employment, favor or service to any employee to influence the award of contract or purchase
of items from a contract;
ix. Failure to timely pay subcontractors and vendors; and/or
x. Any other cause the County Administrator determines to be so serious and compelling as to
affect the credibility as a County vendor, including debarment by another government entity
for any cause listed in this section.
b. The period of Debarment shall be for a period of no less than one (1) and no more than three (3)
years unless modified by the Board.
c. The County Administrator or designee shall notify the vendor of the intent to debar and the basis for
the decision. Unless extended by the County Administrator in writing, the vendor shall have ten (10)
calendar days from the date of the notice to provide the County Administrator with a response and
reasons why the debarment should not proceed.
d. Within thirty (30) calendar days from the date of the response, the County Administrator shall render
a final decision on the debarment of the vendor after consultation with the County Attorney. Nothing
in this procedure shall preclude the County Administrator or designee from meeting with the vendor
regarding the debarment.
e. An aggrieved party may appeal the decision of the County Administrator to the Board. Such appeal
shall be a hearing de novo. An appeal shall be filed within thirty (30) days of the execution of the
written decision by the County Administrator.
f. The Board's decision to debar a person or business shall be final and conclusive unless a timely
appeal of the Board's decision is filed pursuant to the Florida Rules of Appellate Procedure.
g. Reinstatement. A person or corporation may be reinstated to do business with the County under the
following conditions:
1. Discovery of new and material evidence not previously available.
2. Dismissal of indictment or reversal of condition.
3. Bona fide change in ownership or management sufficient to justify a finding of present
responsibility
h. The request for reinstatement shall be forwarded in writing to the County Administrator or designee.
The County Administrator shall render the decision in writing within thirty (30) days from the receipt
of the request for reinstatement.
i. An appeal of the County Administrator's decision shall be filed within thirty (30) days of the execution
of the written decision by the County Administrator. The Board's decision to reinstate or not reinstate
a person or business shall be final and conclusive, unless a timely appeal of the Board's decision is
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filed pursuant to the Florida Rules of Appellate Procedure. The decision of the County Administrator
may be appealed to the Board.
j. In calculating the number of days for purposes of this section, Saturdays, Sundays and County
closings shall not be included.
SECTION 15- PROCUREMENT PROCEDURES FOR STATE OR
FEDERALLY FUNDED GRANT PROGRAMS
15.1 APPLICATIONS
The County Administrator shall approve all applications for state,federal and other grants after confirming
that matching funds, if required, are available and reserved. The County's ability to fund any ongoing
costs of a potential grant, including personnel, operating and maintenance, shall be considered as early
as possible in the application process but no later than prior to acceptance of an award.
15.2 ACCEPTANCE
Upon notice of grant award, the County Administrator or designee shall submit the grant to the Board for
acceptance and for approval of the associated budget resolution if required. Confirmation of the
availability of matching funds and the County's ability to fund maintenance, operational and other ongoing
costs (if any) shall be provided to the Board.
15.3 PROCUREMENT
The Board recognizes that certain procurement requirements for state or federally funded grant programs
may, from time to time, conflict with standard St. Lucie County policies. The County Administrator,
therefore, is authorized to modify County procurement policies in order to comply with procurement
requirements for state or federally funded grant programs.
All Procurement funded by Community Development Block Grants shall follow the Procurement Policies
and Procedures for Community Development Block Grant Programs and Projects included as Attachment
A of the St. Lucie County Purchasing Manual.
SECTION 16—CONTRACT PROCEDURE
16.1 CONTRACT REQUIREMENTS
For purchasing purposes, a contract is a formal written agreement between the Board and a selected
vendor, consultant, or contractor for a particular purchase.
a. A contract is required for:
1. Professional services as described in Section 12
2. All construction projects as described in Section 18
3. Purchase, sale or lease of County-owned property or purchase, sale or lease of property by the
County. Unless otherwise required by the County Attorney, the approved Facility Use Agreement
is the acceptable form for short-term use of County facilities.
4. All services which are to be performed on property owned or controlled by St. Lucie County or
performed on behalf of the County on property not owned by the County.
b. Unless required by the County Administrator or County Attorney, a purchase order shall serve as the
contract for services of$25,000 or less.
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c. A contract may be required for any other particular purchase, if deemed necessary by the County
Administrator, the County Attorney, or the Board.
d. A contract may be entered into if required by the vendor.
e. Unless specifically required by the Board, County Administrator, or County Attorney, purchases of
goods or equipment which do not include any associated services, such as installation, do not require
a contract apart from the purchase order.
f. Upon approval by the County Attorney, liquidated/delay damages may be incorporated into
Professional Services contracts.
16.2 CONTRACT PREPARATION
Unless prepared by the vendor, or as provided for below, all required contracts will be prepared under
the direction of the County Attorney. If a contract is prepared by the vendor, the contract must be
submitted to the County Attorney for review and approval. The County's Risk Manager should be
consulted to insure that the proper insurance requirements are included in the contract documents.
a. Service contracts of$25,000 or less
1. Unless otherwise required by the County Attorney or the County Administrator, a purchase order
for services shall serve as the contract between the County and the vendor for services costing
$25,000 or less. At a minimum, all purchase orders must contain the following terms and
conditions as they may be amended by the County Attorney.
i. A statement in conspicuous print which provides that the purchase order is subject to all of
the terms and conditions and that the vendor, by acceptance of the purchase order, agrees
to be bound by and abide by all of the terms and conditions of the purchase order.
ii. A condition that provides a warranty by the vendor.
iii. A condition that the vendor agrees to indemnify the County for any liability arising out of the
service provided under the purchase order and a condition that the vendor will maintain
insurance sufficient to protect the interests of the County. The amounts and types of
insurance shall be provided by the County Risk Manager. No work shall be performed under
the purchase order until the vendor has provided proof of insurance to the County.
16.3 CONTRACT AMENDMENTS
a. If it becomes necessary to amend the terms of the contract, a formal, written contract amendment
must be prepared.
b. The County Administrator is authorized to approve contract, grant or other agreement amendments
up to a cumulative total of$50,000 or less following written confirmation by the user department that
additional funds are available.
c. The County Administrator is authorized to approve contract, grant or agreement amendments for time
extensions.
SECTION 17 - CONTINUING CONTRACTS AND WORK AUTHORIZATIONS
7.1 CONTINUING CONTRACTS
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a. Per Florida Statute 287.055, continuing contracts may be utilized for professional services in which
construction will not exceed $2,000,000 and for studies which will not exceed $200,000 or when it is
for work of a specified nature as set forth in the continuing contract.
b. Requests for Qualifications or Requests for Proposals for continuing services contracts shall be
reissued every three to five years unless waived by the Board.
17.2 WORK AUTHORIZATIONS
a. Work authorizations shall be required for all continuing services contracts as determined by specific
contract language. All work authorizations shall be approved and signed by the appropriate signing
authority.
b. All work authorizations for more than $50,000 will be prepared under the direction of the County
Attorney and approved and executed by the Board.
17.3 AMENDMENTS TO WORK AUTHORIZATIONS
a. If it becomes necessary to amend the terms of the work authorization, a formal, written amendment
must be prepared. The County Administrator may approve amendments to work authorizations for a
cumulative total of$50,000 or less.
b. The County Administrator may also approve time extension amendments to work authorizations.
SECTION 18 - CONSTRUCTION CONTRACTS
18A CONSTRUCTION CONTRACTS AND AMENDMENTS
a. Construction contracts shall comply with all Board policies for contracts with additional appropriate
conditions as approved by the County Attorney. Per F.S. 255.20, construction contracts are to be
utilized when a public entity contracts to construct or improve a public building, structure or other
public construction works.
b. Change orders are utilized to amend construction contracts when only time and/or price is involved.
All other amendments to construction contracts must be accomplished through a contract amendment
and approved by the original signing authority. For purposes of contract amendments, scope of work
for construction contracts generally is defined to include any work that is required to construct the
project.
c. Construction contracts will be awarded only to a contractor who is certified or licensed by the County
and/or State, as appropriate, and has provided proof of insurance in amounts satisfactory to the
County.
d. Except as provided in (e), the County Administrator is authorized to approve change orders or
contract amendments up to a cumulative total of$50,000.
e. Construction contracts may include a project contingency up to 10% of the contract amount. Use of
funds from the project contingency shall be approved by the County Administrator or designee. When
the cumulative total of change orders or contract amendments exceeds the contract contingency,
additional change orders or contract amendments, other than time extensions, must be approved by
the Board.
f. The County Administrator is authorized to approve time extensions.
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g. In case of emergency and/or when a delay will result in potential work stoppage or additional costs
to the County as a result of the delay, the Director may seek approval from the County Administrator
to proceed with the work. If Board approval of the change order or contract amendment is required,
it may be processed after-the-fact at the next available Board meeting.
18.2 APPRENTICESHIP PROGRAM REQUIREMENTS
Contractors shall be required to comply with the County's Apprenticeship Program, as follows:
a. On County-funded construction projects which exceed $300,000, twenty percent (20%) of laborers
working in a specialty for which there are apprentice programs registered with the County shall be
apprentices. Such apprentices shall be students in certified State of Florida Pre-
Apprenticeship/Apprenticeship Programs which are located in St. Lucie, Martin, Indian River or
Okeechobee Counties and which are registered with the County.
b. A County-registered apprenticeship program is one which has registered with the County and
provided the required documentation, including but not limited to, proof of certification as an
apprenticeship program with the State of Florida and proof of having educational facilities physically
located in St. Lucie, Martin, Indian River or Okeechobee Counties.
c. Unless the apprenticeship requirement is waived by the County, the failure of the Contractor to
demonstrate compliance with this requirement shall result in the Contractor's bid being deemed
nonresponsive.
d. The apprentice requirement may be waived or modified with the recommendation of the County
Administrator, and appeal to the Board of County Commissioners:
1. Upon request of the contractor, if the contractor can demonstrate that the required apprentices
are not available despite a good faith effort on the contractor's part; or
2. Upon request of the contractor, if the contractor demonstrates that the available apprentices are
not sufficient to meet the required 20% and the contractor commits to utilizing a specific
percentage of apprentices who are available; or
3. if the County determines it is in the best interests of the County to waive such requirement based
on potential savings of money and time or grant requirements.
e. The agreed upon percentage and type of apprentices will be included as a requirement of the
construction contract. Failure to meet the terms of the apprenticeship requirement may result in the
contractor being found in breach of the contract and subject to possible monetary sanctions.
18.3 BONDING AND INSURANCE REQUIREMENTS
Public Construction Bond
a. Section 255.05, Florida Statutes, provides that any person entering into a formal contract with the
Board for the construction or repair of any public building or public work shall be required to execute
the usual Penal Bond with good and sufficient sureties. Section 255.05, Florida Statutes, further
provides that the Board, in its discretion, may exempt any person entering into a contract that is for
$200,000 or less from executing the usual penal bonds for construction and repair on public buildings
and public work.
b. The Board has determined to not require a public construction bond for projects under $100,000
unless deemed necessary by the County Administrator or designee. Requests for waiver of the bond
requirements from $100,000 up to $200,000 shall be reviewed and approved by the County
Administrator on a case-by-case basis.
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General Insurance Requirements
a. The contractor shall be required to purchase and maintain such insurance as will protect him or her
from claims set forth below that may arise out of or resulting from the contractor's operations under
the contract, whether such operations be by the contractor or by any subcontractor or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable
for:
1. Claims under Workers' or Workmen's Compensation, Disability Benefit, and other similar
employee benefit acts;
2. Claims for damages because of bodily injury, occupational sickness or disease, or death of the
contractor's employees;
3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
than the contractor's employees;
4. Claims for damages insured by usual personal injury liability coverage which are sustained (1) by
any person as a result of an offense directly or indirectly related to the employment of such person
by the contractor, or(2) by any other person;
5. Claims for damages, other than to the work itself, because of injury to or destruction of tangible
property, including loss of use resulting there from; and;
6. Claims for damages because of bodily injury or death of any person or property damage arising
out of the ownership, maintenance or use of any motor vehicle.
b. The insurance required shall be written for not less than any limit of liability specified in the contract
documents,or required by law,whichever is greater. The insurance required shall include contractual
liability insurance applicable to the contractor's obligations.
c. The contractor shall purchase and maintain property insurance upon the entire work at the site to the
full insurable value (replacement cost). This insurance shall include the interest of the County, the
contractor, subcontractors and sub subcontractors in the work and shall be insured following the
Basic Causes of Loss form and shall include "all risk" insurance for physical loss and damage
including, without duplication of coverage, theft, vandalism, and malicious mischief. If the County is
damaged by failure of the contractor to purchase or maintain such insurance and to so notify the
County,then the contractor shall bear all reasonable costs properly attributable thereto. If not covered
under the all risk insurance or otherwise provided in the contract documents, the contractor shall
effect and maintain similar property insurance on portions of the work stored off the site or in transit
when such portions of the work are to be included in an application for payment.
d. The contractor shall file with the County certificates of insurance acceptable to the County prior to
commencing the work. If the contract exceeds $50,000, the certificate shall name St. Lucie County,
its officers and employees as additional insureds with respect to the work performed under the
contract. These certificates shall contain a provision that coverages afforded under the policies will
not be canceled until at least thirty (30) days prior written notice has been given to the County.
18.4 RETAINAGE FOR CONSTRUCTION CONTRACTS
a. Retainage for construction contracts shall be governed by F.S. 218.70, known as the Local
Government Prompt Payment Act, as it may be amended,which contains specific language regarding
the timing and conditions under which retainage must be released.
b. The term "50% completion" shall be defined in each contract.
18.5 CLOSE OUT OF CONSTRUCTION CONTRACTS
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a. Construction contract projects other than public roads will be closed out after a Certificate of
Occupancy has been issued (if applicable), certification by an architect or engineer that construction
has been completed in accordance with the construction plans and specifications and acceptance by
the County project manager. At the discretion of the project manager, the contractor may be required
to provide a consent of surety before any progress payment, including the final payment.
b. Construction contracts for public road projects shall be considered complete upon acceptance by the
Board and certification by an engineer that construction has been completed in accordance with
construction plans and specifications. Such acceptance shall provide for release of construction
retainage. At the discretion of the project manager, the contractor may be required to provide a
consent of surety before any progress payment, including the final payment.
c. Final payment and release of retainage shall not occur until close out has been completed and all
liens have been released.
SECTION 19 - EMERGENCY PURCHASES
19:1 EMERGENCY PURCHASE POLICY
Although competitive bidding is desirable for most purchases, when an Emergency arises, the normal
procedure is too time consuming. For this reason, the County has adopted an Emergency Purchases
Procedure.
19.2 DEFINITION OF AN EMERGENCY
For purchasing purposes, an Emergency is defined as: an unforeseen situation involving a breakdown of
County service and an urgent need to restore that service to avoid serious and adverse consequences
affecting the life, health, welfare, or property of the citizens of St. Lucie County.
19.3 EMERGENCY PURCHASE AUTHORIZATION
Emergency Purchases are authorized when there is an Emergency, and there is an immediate need for
items or services to deal with the Emergency.
a. In an Emergency situation, the County Administrator may authorize an Emergency Purchase and
waive any bid requirement.
b. If the Emergency occurs at night, on weekends, or on holidays, the Department Director may initiate
independent action as provided below.
19A EMERGENCY PURCHASE OVER AUTHORIZATION LIMIT
The Department Director must attempt to obtain the authorization of the County Administrator or designee
for emergency purchases which exceed the Director's authorization limit.
a. After attempting to obtain authorization from the County Administrator or designee, the Department
Director may make the purchases of the needed items or services.
b. If the Department Director was unable to obtain prior authorization,the Department Director will obtain
from the County Administrator or designee "after the fact" approval of the purchase on the next
working day.
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c. If the emergency purchase exceeds the County Administrator's authorization limit, the County
Administrator will request "after the fact" approval from the Board of County Commissioners at its
next regular scheduled meeting.
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SECTION 20-TRAVEL AND EDUCATIONAL EXPENSES
20.1 TRAVEL AND EDUCATIONAL REIMBURSEMENTS
a. When County officials or employees spend their personal resources for travel or education, which is
in the course of County business or in support of a County purpose, such officials and employees
may be reimbursed for such expenses from County funds.
b. Employees using personal vehicles for County business and travel are liable for accidents while
driving to and from work or for any use not related to County business. Proof of liability insurance
must be provided to utilize personal vehicles for County business and travel.
20.2 LOCAL TRAVEL AUTHORIZATION
When authorized by the Department Director, County employees may, for County business, utilize
County vehicles or their personal vehicles and incur personal expenses for travel within St. Lucie County
or to Indian River, Martin and Okeechobee Counties.
a. To the extent feasible, County fleet vehicles should be utilized for local travel.
b. The allowable reimbursement for local travel will be the approved mileage rate for miles traveled and
other actual travel-related expenses for tolls, parking fees, transit fares, and phone calls.
c. Employees who can document travel of 250 miles or more per month on a regular basis, may be
eligible for a fixed monthly reimbursement at the discretion of the County Administrator. The
allowable reimbursement for such travel will be limited to the fixed monthly allowance approved by
the County Administrator.
20.3 OUT OF AREA TRAVEL AUTHORIZATION
a. When it is necessary for a County employee to travel out of the local area (as defined in Section 20.2)
for County business, such travel must be approved in advance by the County Administrator or
designee. Travel approval may be obtained after the departure date when such travel was required
as a result of an emergency or unforeseen circumstance or change in plans. In such cases, the
County Administrator or designee must provide verbal approval prior to departure.
b. To the extent feasible, county fleet vehicles should be utilized for travel. All private charters must be
authorized in advance by the County Administrator.
c. The allowable reimbursement for out of area travel will be the approved mileage rate for miles actually
traveled when utilizing a personal vehicle, common carrier fares, automobile rental,tolls,taxi or transit
fares, parking fees, private charters, lodging, meals, phone and other required communication
charges, and conference fees and materials.
20.4 EDUCATION AND TRAINING EXPENSES AUTHORIZATION
a. When properly authorized in advance by the County Administrator or designee, educational expenses
or reimbursements for outside training for County employees may be paid from County funds as
available.
b. For authorization and expense purposes, outside training shall be classified into two (2) categories:
1. Education and Training Expenses - for outside training when an employee is specifically
authorized and paid for attending such training.
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2. Tuition Assistance - for outside training when an employee optionally pursues an education,
certification or training goal on his or her own time that will benefit the County.
c. For approved educational or training expenses, upon proper authorization, the County will assume
an obligation to pay associated costs including but not limited to regular pay, registration, materials
and travel.
d. With proper prior authorization, the County will assume an obligation under its Employee Tuition
Refund Program as described in the Employee Manual.
SECTION 21 - MISCELLANEOUS OBLIGATIONS
21.1 MISCELLANEOUS TRANSACTIONS
It is recognized that there are certain transactions which are unique in nature, and therefore, cannot be
handled through processes described in the Manual. These transactions shall be referred to as
miscellaneous obligations, including but not limited to those listed below. Procedures for these
transactions will be established by the County Administrator, in coordination with the Finance Director
and the County Attorney:
a. The acquisition of real property, such as land, easements, rights-of-way, existing buildings, or
improvements, resulting from negotiations and approved by the Board.
b. The payment of court-ordered fines and judgments, resulting from litigation, to which the County is a
party.
c. The payment of fines to state and federal agencies which the County Attorney and County
Administrator have determined to be the responsibility of the County.
d. Any exceptional disbursement as authorized by the Board of County Commissioners.
e. The payment of court-ordered fees, resulting from the judicial process, processed by the Clerk of the
Court, and recorded against the budget for fees. For such fees, the County is only the public taxing
agency responsible for supporting the judicial system.
f. Cash transfers and investment transactions for fiscal management purposes, processed through the
Finance Department, and against general ledger accounts.
g. The payment of accrued or current liabilities already charged against the budget, approved by OMB,
processed through the Finance Department, and recorded against general ledger accounts.
h. Debt service payments approved by OMB, processed by the Finance Department and charged
against budgetary accounts.
i. Refunds of current or prior year revenues charged against budgetary accounts.
j. Grant disbursements to federal, state, or local government agencies, or to private groups or agencies.
k. Disbursements to County Officers of funds budgeted for their requisition and use.
I. Inter-fund or interdepartmental transfers or reimbursements within or among County Departments.
m. Aid disbursements for JPTA participants, housing and rental subsidies, hospital indigent payments or
other welfare and medical assistance.
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n. Payments for insurance including, but not limited to, liability, property, medical and workers
compensation insurance or payments from any loss fund established for such purpose.
o. Payments for utilities, advertising, toll charges and postage.
SECTION 22 - CAPITAL ASSETS
22A COUNTY OWNED PERSONAL PROPERTY
Any equipment not incorporated into a facility, purchased with an individual value of $1000 or more (or
as established by Rule of the Chief Financial Officer, Rule 691-73.002) and having a projected useful life
of one (1)year or more, is considered Tangible Personal Property. All land, buildings, and improvements
are considered real property. Both Tangible Personal Property and real property are considered capital
assets.
22.2 ACQUISITION OF CAPITAL ASSETS
a. The County Administrator or designee should include the purchase of capital assets during the annual
budget preparation.
b. If the capital asset increases in cost after budget approval by the Board, the County Administrator or
designee shall have the authority to approve the purchase, if funds are available, up to $50,000.
c. Requests for capital assets not included in the budget process must be approved by the County
Administrator. The requesting Department Director must provide a justification and identify available
funding in the department budget. If approved by the County Administrator, proposed purchase of
capital assets greater than $50,000 must be approved by the Board.
d. A physical inventory of all Tangible Personal Property will be conducted and updated annually, and
surplus property disposed of in accordance with current state laws. Real property will be inventoried
as outlined in procedures established by the Finance Department.
e. Donated property with a value of$1,000 or more, based on its current market value, will be included
in the requirements of this section.
22.3 DISPOSITION OF CAPITAL ASSETS
The disposition of capital assets shall be in accordance with Section 274.06, Florida Statutes. The County
Administrator may transfer assets that have been declared surplus to a local nonprofit organization or
governmental entity without competitive bidding.
22.4 HARDWARE/SOFTWARE
The County Administrator or designee is responsible for all County computer and telephone equipment,
software, computer security, data and voice circuits, and has final decision making authority over all
computer-related purchases in accordance with signature authority.
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Attachment A
-7L ,
COUNTY
F L O R I D A —
St. Lucie County Board of County Commissioners
Procurement Policies and Procedures
for
Community Development Block Grant
Programs and Projects
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TABLE OF CONTENTS
Paae
General Policy 3
A. Applicability 3
B. Procurement Law and Regulations 3
II. Procurement Standards 4
A. General Standards 4
B. Competition 4
III. Procurement Administration 5
A. Efficiency Review 5
B. Performance Review 6
C. Records 6
D. Written Agreements 6
E. Authorizations 7
IV. Procurement Classifications 7
A. Simple 8
B. Intermediate 8
C. Formal 9
V. Solicitation and Award 10
A. Invitations for Bids 10
B. Request for Proposals (RFP) 10
C. Advertising 11
D. Evaluation 13
E. Multiple Service Awards 14
VI. Exceptions 15
VII. Affirmative Action/Equal Opportunity 16
VIII. Contracts 15
IX. Code of Conduct 17
X. Protests 18
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1. GENERAL POLICY
A. APPLICABILITY
These procurement policies establish procedures and guidelines that shall be used for the purchase or
procurement of personal property, supplies, equipment, and services for CDBG and other federally funded grants
and awards.
All procurement shall be accomplished in compliance with applicable state and federal law. The
purpose of these procedures is to facilitate the determination of the most efficient and economical means of
securing commodities and services without sacrificing necessary control and good purchasing practice.
B. PROCUREMENT LAW AND REGULATIONS
Laws relative to the procurement process, in general, may be found in Chapter 287, Fla. Statutes. The
provisions of these procurement procedures shall not be construed to conflict with or supersede the requirements
of S. 287.055, Fla. Statutes, 24 Code of Federal Regulations (CFR) Section 85.36, or any other applicable state
or federal laws or regulations. Future state or federal regulations applicable to procurement under the CDBG
Program shall supersede and/or supplement this policy.
11. PROCUREMENT STANDARDS
A. GENERAL STANDARDS
Except as otherwise provided by law, procurement awards shall be made only on the basis of
requirements and evaluation factors that are directly related to the price, quantity, or quality of the commodities
or services or the ability of the prospective supplier or contractor to perform under the agreement.
Procurement procedures prohibit the dividing of the procurement of a good or service into a number of
smaller groups in order to avoid the more stringent requirements of a higher dollar. In addition, the use of cost
plus percentage of construction cost methods is prohibited. The sub grantee shall follow the provision of 24
C.F.R. S. 85.36(e); the sub grantee take all necessary affirmative steps to assure that minority firms, women's
business enterprises and labor surplus area firms are offered the opportunity to participate to the maximum
practicable extent shall be adhered to.
B. COMPETITION
All procurement transactions will be conducted in a manner providing full and open competition consistent
with standards of Section 85.36 of the C.F.R. Some of the situations considered to be restrictive of competition
include but are not limited to:
1. placing unreasonable requirements on firms in order for them to qualify to do business;
2. requiring unnecessary experience and excessive bonding;
3. noncompetitive pricing practices between firms or between affiliated companies;
4. noncompetitive awards to consultants that are on retainer contracts;
5. organizational conflicts of interest;
6. specifying only a "brand name" product instead of allowing "an equal" product to be offered, and;
7. any arbitrary action in the procurement process.
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The inability to obtain more than one bid, price quote or proposal shall not prohibit the approval of a
purchase if other prospective vendors or contractors have been given adequate notice of the procurement and
3n opportunity to participate, and have declined to submit bids, proposals or price quotes. The County may
accept one bid as long as it has met all CDBG procurement requirements and procedures. The declaration to
submit need not be in writing.
The use of a cost plus percentage of cost and percentage of construction cost methods is prohibited in
all CDBG procurement.
III. PROCUREMENT ADMINISTRATION
A. EFFICIENCY REVIEW
The Community Services Director, other authorized representative or employee who approves each
purchase shall review the proposed procurement to avoid unnecessary or duplicative items. In order to obtain
a more economical, efficient or effective purchase, consideration shall be given to:
1. breaking out or consolidating purchases,
2. lease versus purchase alternatives,
3. interlocal agreements for purchases or use of common goods,
4. use of federal or state surplus property,
5. value engineering reviews, and
6. use of state or federal contracts for materials and/or services.
B. PERFORMANCE REVIEW
Contracts shall specify a contract manager, appointed by the local governing body, to ensure that the
contractor performs in accordance with the terms, conditions and specifications of their contract or purchase
order.
C. RECORDS
Appropriate arrangements shall be made for the generation and maintenance of all files, records, and
documentation necessary to evidence the compliance with all requirements as delineated in this document. All
procurement shall comply with good purchasing practices and with applicable local, state and federal regulations,
in a manner consistent with this document. A complete set of records shall be maintained by the
entity responsible for the procurement for a minimum of 6 years.
D. WRITTEN AGREEMENTS
Any formally bid procurement of commodities or services shall be evidenced by a written solicitation
embodying all provisions and conditions of the procurement. This requirement for written documentation may
be met through preparation of a letter on municipality or vendor letterhead, signed by the vendor and appropriate
elected and/or appointed official, stating such conditions and terms as price, number of units of purchase (e.g.,
ea., cs., bx., etc.) or product, delivery date, or when service is to begin, point of delivery, specifications, etc. Any
price quotes, warranties, guaranties, certifications or contracts shall be attached and filed.
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E. AUTHORIZATIONS
Purchase orders or contracts shall be issued for all purchases and must be signed by either the Board of
County Commissioners, the Director of Management and Budget or the Department Director approving the
purchase. The local governing body must authorize all purchases in excess of$50,000.
IV. PROCUREMENT CLASSIFICATIONS
The following classifications are established:
PROCUREMENT PROCUREMENT DESCRIPTION PROCUREMENT
CLASS RANGE METHOD
1. $ 1- 5,000 simple procurement price checks/
simple purchase
2. $5,001-50,000 intermediate informal
procurement competition,
written quotes
3. $ Over 50,000 formal formal competition
procurement (bids or proposals)/
contract
A. SIMPLE PROCUREMENT (NOT MORE THAN $5,000)
Procurement is accomplished through simple purchase. Simple procurement procedures are those
relatively simple and informal procurement methods that are sound and appropriate for a procurement of supplies
or other property, or services.
A reasonable and adequate number of price checks or quotes should be made by phone, personal
inspection, and discussions with vendors, etc., to ensure the highest quality product or service is obtained for
the least cost to the procuring entity.
B. INTERMEDIATE PROCUREMENT ($5,001-$25,000)
Procurement is accomplished by obtaining three written price quotes, when possible or through informal
negotiation if the item or service is expected to cost less than $25,000. If the actual cost exceeds $25,000, then
the procurement must go to formal procurement, as outlined in Section D below. Files shall contain
documentation of competition. No advertising is required but all procurement shall be evidenced by a written
agreement embodying all provisions and conditions of the procurement. This requirement for written agreement
may be met through preparation of a letter on municipality or vendor letterhead, signed by the vendor or
appropriate elected and/or appointed official or representative, stating such conditions and terms as price,
number of units or purchase (e.g., ea., cs., bx., etc.) or product, delivery date or when service is to begin, point
of delivery, specifications, etc. Any price quotes warranties, guaranties, certifications or contracts shall be
attached and filed.
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C. FORMAL PROCUREMENT (REQUIRED OVER $25,000)
Formal Procurement includes the acquisition of commodities or securing services that are expected to
cost $25,000 or more, and requires formal advertising and submission of competitive sealed bids, sealed
proposals, or competitive negotiation.
Sealed bids are publicly solicited and a firm-fixed-price contract (lump sum or unit price) is awarded to
the responsive bidder who conforms to or exceeds all material requirements, terms and conditions of the
invitation for bids, and presents the lowest reasonable price that meets requirements and needs.
Sealed Bidding shall be used unless the Board of County Commissioners certifies in writing that sealed
bidding is not practicable or advantageous, in which case procurement shall be based on sealed proposals, or
on competitive negotiation when required by Florida Statutes.
The technique of competitive negotiation is normally conducted with more than one source submitting a
proposal for services with either a fixed-price or cost-reimbursement type contract awarded. It is generally used
when conditions are not appropriate for the use of sealed bids or proposals indicating fees. Florida Statutes
shall determine the manner in which such negotiations are performed and the types of contractual services,
which are to be procured in this manner.
Any contract in excess of $100,000 will require a performance bond and must adhere to all Section 3
regulations.
Noncompetitive negotiation shall be used when other types of procurement are infeasible (see Section
VI).
V. SOLICITATION AND AWARD
A. INVITATIONS FOR BIDS
1. The invitation to bid is used when the procuring entity is capable of defining the scope of work for
which a contractual service is required or when the procuring entity is capable of establishing precise
specifications defining the actual commodity or group of commodities required.
2. Invitation to bid shall be a written solicitation for sealed competitive bids with the title, date, and hour
of the public bid opening designated and which specifically defines the commodity, group of
commodities, or services for which bids are sought. It includes instructions describing all conditions
for bidding and shall be distributed (or available) to all prospective bidders simultaneously.
3. Sealed bids are required to be received at a specified place not later than a specified time and date.
Failure to comply with any instructions pertinent to the delivery of such bids may result in their being
rejected.
B. REQUEST FOR PROPOSALS (RFP)
A request for proposals (RFP) shall be a written solicitation for sealed proposals with the title, date, and
hour of the public opening designated. The request for proposals is used when (a) the procuring entity is
incapable of specifically defining the scope of work for which the commodity,group of commodities, or contractual
service is required and when it requests that a qualified offeror propose a commodity, group of commodities, or
contractual service to meet the specifications of the solicitation document, or(b) when quality of performance is
Fo be the primary factor for selection. With respect to competitive negotiations, the offeror shall negotiate a
contract with the most qualified firm for professional services at compensation which the agency determines are
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fair, competitive, and reasonable. In making such determination, the agency shall conduct a detailed analysis
of the cost of the professional services required in addition to considering their scope and complexity and shall
refer to the provisions of S. 287.055, Fla. Statutes (1989).
A request for proposals includes, but is not limited to, general information, applicable laws and rules,
functional or general specifications, statement of work, proposal instructions, and evaluation criteria. Requests
for proposals shall state the relative importance of price and any other evaluation criteria.
C. ADVERTISING
The advertisement must be written in a clear, concise manner and in a way, which would invite
competitive bidding. The advertisement shall contain at least the following minimum information:
1. time, date and location for receiving and opening bids or proposals (the date shall not be less
than five (5) days after the final advertisement is published),
2. general description of the commodity or item being requested,
3. where and how detailed specifications and bid forms (if applicable) may be obtained,
4. terms and conditions of the contract to be awarded,
5. criteria for selection of the vendor or contractor, including the relative weight to be given to the
different factors, (See Appendix A).
The solicitation of competitive bids or proposals for any project to cost more than $200,000 shall be
publicly advertised at least once in a newspaper of general circulation in the county where the project is located
at least 21 days prior to the established bid opening and at least 5 days prior to any scheduled pre-bid
conference. For projects costing more than $500,000 shall be publicly advertised at least once in a newspaper
of general circulation in the county at least 30 days prior to the established bid opening and at least 5 days prior
to any scheduled pre-bid conference. The advertisement shall be published in at least one daily newspaper of
general circulation in a nearby federal Office of Management and Budget (OMB) designated metropolitan
statistical area (MSA).
If the location, date, or time of the bid opening changes, written notice of the change must be given, as
soon as practicable after the change is made, to all persons who are registered to receive any addenda to the
plans and specifications.
For those bids under the above amounts, any procurement which requires public notice in a newspaper
based on the local CDBG procurement policy shall be published in a daily newspaper of general circulation in a
nearby federal Office of Management and Budget (OMB) designated metropolitan statistical area (MSA.
Alternatively, the county may substitute such notice with any solicitation procedure which generates at least three
responsible and responsive bids or proposals which can be considered. Such procedure shall allow at least 12
days for receipt of the proposals or bids.
Public notice should also include solicitation of minority owned business enterprise and women owned
business enterprise (MBE/WBE) contractors.
Sealed bids or sealed proposals will be received at any time during normal working hours prior to the
time and date as specified. Each proposal shall be annotated with the time and date received. The bids or
proposals shall be placed in the applicable file and publicly opened and read at the time designated for the bid
opening.
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D. EVALUATION
The contract shall be awarded to the lowest responsible and responsive bidder or proposer whose bid or
proposal most completely meets the requirements and criteria set forth in the invitation for bids or request for
proposals.
The term "responsible bidder or proposer" refers to the capability of a vendor or contractor to
perform fully all aspects of the contract. Financial capability, integrity, and reliability of the bidder or
proposer, all of which tend to ensure good faith performance, shall be a criteria in evaluation of
responsibleness.
The term "responsive bidder or proposer" means a bidder who has submitted a bid or proposal, which
materially conforms to all provisions of the specifications and the invitation to bid or request for proposal.
Evaluation criteria and requirements for bids set forth in the invitation for bids shall be used to determine
the most responsible and responsive bidder. Award shall be made to the responsible individual firm whose
proposal is considered most advantageous to the program, with price and other factors considered.
In procuring services for grant administration, evaluations of vendors or service suppliers shall include
a proven track record and sound reputation; adequate financial strength; high ethical standards; and a record of
adhering to specifications, of maintaining shipping or service delivery schedules, and of giving a full measure of
service. Consideration may also include the prospective contractor's records of past performance under CDBG
grants. This factor is not meant to exclude consideration of new firms, but rather, to include past performance
and experience as a potential criterion.
All bidders will be notified that they were or were not selected for award of contract as soon as possible
following the evaluation and decision process.
E. MULTIPLE SERVICE AWARDS
Vendors or service suppliers will be considered for multiple sources of supply or multiple services when
it can be demonstrated that such vendors or services suppliers either are sole sources of the services or are the
responsive proposer whose proposal is determined in writing as a result of a competitive process to be the most
advantageous to local government.
For each service listed in S. 290.047(5), Fla. Statutes(1989),when included in a multiple service contract,
written determination of the need for a multiple service contract and the supporting documentation shall be
maintained on file with the sub-grantee.
1. Any Request for Proposal which includes more than one service shall provide the following:
a. Proposals may be submitted for one or more of the services
b. Qualifications and proposals shall be separately stated for each service;
c. The evaluation of the proposals shall be separated for each service.
2. A written evaluation, such as a ranking sheet or narrative, shall be prepared for each proposal, ranking
or comparing each proposal to the criteria in the published Request for Proposals.
3. A separate professional services contract must be procured and executed between the local
jovernment and any professional services consultant for each CDBG sub grant. Each advertisement for
procurement of CDBG professional services, except for application preparation, must identify either the CDBG
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funding cycle by federal fiscal year of the CDBG sub grant number. In the absence of any identifier, the
procurement will be presumed to be for the CDBG funding cycle closest to the publication date of the
advertisement or, if there is no advertisement, the date of receipt for proposals.
4. Each professional services contract must identify the CDBG sub grant number to which it is
applicable.
VI. EXCEPTIONS
The non-competitive negotiation method of procurement is solicitation of a proposal from only one source;
or after solicitation of a number of sources (documented), competition is determined inadequate (Refer to 24
C.F.R. S. 85.36 (d)(4). It may be used only:
1. When procurement or award of contract is infeasible under simple or intermediate procurement
or through formal (sealed bid) competition; and
2. Under one of the following circumstances:
a. The item is available only from a single source; or
b. Public exigency or emergency exists such that the urgency for the requirement will
not permit a delay incident to competitive bidding; or
c. In the case where grant funds are being used, the federal
or state (whichever is more stringent) grantor agency authorizes non-competitive negotiations; or
d. After solicitation of a number of sources, competition is determined inadequate; or
e. The contract item is available under a State of Florida Contract.
3. Department of Economic Opportunity (DEO) must provide written approval prior to the recipient
awarding any contract exceeding $25,000 procures as a result of inadequate competition, a sole
source, or a non-competitive procurement. For contracts below $25,000 the recipient's files must
document the justification for the procurement which complies with 24. CFR s. 85.36 (b) (4); and
a cost analysis be performed verifying the proposed cost data, the projections of the data, and
the evaluation of the specific elements of cost and profits.
Emergency purchases over $15,000 and up to $25,000 shall be authorized by the County Administrator
or designated alternate when, based on his/her decision,the delay incurred by following the normal procurement
requirements would be detrimental to the best interests of the community. Emergency purchases over$25,000
shall be authorized by the Board of County Commissioners.
VII. AFFIRMATIVE ACTION/EQUAL OPPORTUNITY
The County is committed to eliminating discrimination based upon
race, color, sex, national origin, familial status, age, or physical handicap. In grant programs, the County will
comply with requirements of Section 3 (Use of the project area), Equal Employment Opportunity on Federally
Assisted Construction Contracts, and Executive Order 11625 (Minority Business). Notice of the policy will be
placed in plain sight on the job location for the benefits of interested parties and all contractors and
subcontractors so notified. Equal Opportunity posters will be displayed as required.
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The procuring entity will encourage the employment of local residents, especially those who have low-to-
moderate income and those who are female and/or of a minority racial/ethnic classification.
In accordance with the 1989 State Fair Housing Act (Fla. Statutes S. 760.20), the municipality and any
contractors hired with CDBG funds shall not discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith,
because of race, color, national origin, sex, handicap, familial status, age, or religion. (See Section X on Protests
for complaint procedures).
The County will encourage and adhere to all federal requirements including, but not limited to:
1. Equal Employment Opportunity requirements
2. Copeland "anti-Kickback"Act;
3. Davis Bacon
4. Contract Work House and Safety Act;
5. Americans with Disabilities Act;
6. Other requirements set forth in any CDBG contract
VIII. CONTRACTS
All contracts procured with state or federal funds shall contain applicable provisions as required by Ha.
Statutes (specifically S.287.058), Florida administrative rule, federal law, regulation or executive order.
'revisions shall include, but not be limited to, such requirements as bonding, equal employment opportunity,
contract termination, record retention, public access to records, reporting, remedies for breach, conflict of
interest, labor standards compliance, pre-and post-audit requirements, and compliance with environmental laws.
In addition administrative, contractual, or legal remedies where contractors violate or breach contract terms, and
provide for sanctions and penalties as may be appropriate. Termination for cause and for convenience by the
grantee or sub grantees including the manner by which it will be affected and the basis for settlement (All
contracts in excess of$10,000).
IX. CODE OF CONDUCT
No employee, officer or agent of the procuring entity shall participate in the selection, award or procurement of
an application, administration, engineering or construction contract if a conflict of interest, real or apparent, would
be involved. Such a conflict would arise when (a) the employee, officer or agent, (b) any member of his
immediate family, (c) his or her partner, or (d) an organization which employs, or is about to employ, any of the
above, will receive a financial or other direct benefit of CDBG funds from the contract award. In any of these
cases, the employee, officer or agent will abstain from voting on the award.
Officers, employees and agents of the procuring entity will neither solicit gratuities, favor or anything of
monetary value, nor accept any unsolicited gratuity, favor or gift valued above $25, from contractors or potential
contractors, or parties to sub agreements.
Violation of this policy shall be subject to penalties, sanctions or other disciplinary action as permitted by
state or local law. Upon conviction in a State Court of competent authority, a violator may be found guilty of a
first-degree misdemeanor, punishable as provided in Fla. Statutes S.775.082 or S.775.083.
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X. PROTESTS
Objection to procurement shall be issued. in writing, to the Purchasing Division within five (5) working
days of purchase or selection to purchase under contract. A response shall be issued to the objecting party
within five (5) working days. An objection shall be considered valid only if it discloses a violation of this policy.
The County will notify the granting agency of all protests received.
For employment discrimination, contact:
The U.S. Equal Employment Opportunity Commission
2401 E. Street, N.W.
Washington, D.C., 20507
1-800-872-3362
For housing discrimination, contact:
Florida Commission on Human Relations
325 John Knox Road, Bldg. F, Suite 240
Tallahassee, Florida 32303
1-800-342-8170
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EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
THIS EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
("Extension") is made and entered into thisZ3rlay ofS ---t )r , 2014, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "Employer,"
as the party of the first part, and Leo E. Ochs, Jr., hereinafter called "Employee," as party of the
second part.
RECITALS:
WHEREAS, Employer and Employee entered into a County Manager Employment
Agreement commencing October 27, 2009 (collectively referred to as the "Agreement"), a copy of
which is attached hereto; and
WHEREAS, the Agreement expires September 30, 2015; and
WHEREAS, the Agreement provides in relevant part that "On or before September 30th of
the year immediately preceding the then ending year of the Agreement, including any applicable
extensions, the term of the Agreement may be extended for a period of two (2) years by the mutual
written agreement of the Board and the Employee."
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration exchanged amongst the Employer and Employee, and in consideration of the
covenants contained herein, the Employer and Employee agree as follows:
I. The above RECITALS are true and correct and are hereby expressly incorporated herein
by reference as if set forth fully below.
2. The termination date of the Agreement as set forth in Section 2 is hereby extended to
September 30, 2017.
3. Except as modified by this Extension, the Agreement shall remain in full force and effect.
If there is a conflict between the terms of this Extension and the Agreement, the terms of this
Extension shall prevail.
IN WITNESS WHEREOF, the Employer has caused this Extension to be signed and
executed on its behalf by its Chairman, and duly attested by its Clerk to the Board, and the Employee
has signed and executed this Extension, both in duplicate, the month, date and year first written
above.
Packet Page -690-
4/28/2015 12.A.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK4 Ierk OF COLL R COUNTY, FLORIDA
Odi1/41LUCIC alYW C By. GZ ►,aik
•
Attest as t cha� gty Clerk ` TOM HENNING, C "1RMAN
wiTNESOAlt.rg only." EMPLOYEE
,j10"4-
Print m : L'O E. OCHS, J' .
// '
Print atyx'e
Ap ed as r form
d legal s ftifocie focy
Scott R. each
Deputy County Attorney
2
Packet Page -691-
4/28/2015 12.A.
EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
THIS EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
1'%
("Extension") is made and entered into this a 6 day of October , 2012, by and between
COLLIER COUNTY. a political subdivision of the State of Florida, hereinafter called "Employer,"
as the party of the first part, and Leo E. Ochs. Jr.. hereinafter called "Employee." as party of the
second part.
RECITALS:
WIiFRIAS, Employer and Employee entered into a County Manager Employment
Agreement commencing October 27, 2009 (collectively referred to as the "Agreement"), a copy of
which is attached hereto; and
WHEREAS, the Agreement expires October 27. 2013; and
WHEREAS, the Agreement provides in relevant part that "On or before September 30`" of
the year immediately preceding the then ending year of the Agreement, including any applicable
extensions, the term of the Agreement may be extended for a period of two (2) years by the mutual
written agreement of the Board and the Employee:" and
WI IEREAS. during the 2011 Legislative Session Ch. 2011-143 (NB 43/SB 88) was enacted,
providing in relevant part that on or after July I. 2011, a unit of government that enters into an
employment agreement, or renewal or renegotiation of an existing employment agreement, that
contains a provision for severance pay with an employee, must include the following provisions in •
the contract: (I) a requirement that severance pay provided may not exceed an amount greater than
20 weeks of compensation, and (2) a prohibition of provision of severance pay when the officer,
agent, employee, or contractor has been fired for misconduct. as defined in s. 443.036(30), by the
unit of government: and
WHEREAS, the Employer and Employee wish to amend the Agreement to comport with Ch.
201 1-143, Florida Statutes, and to extend the term of the Agreement to September 30, 201 5, in the
manner set lorth below.
W[TNE=SSETH:
NOW. IIIFREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration exchanged amongst the Employer and Employee, and in consideration of the
covenants contained herein, the Employer and Employee agree as follows:
Packet Page-692-
4/28/2015 12.A.
I. The above RECITALS are true and correct and are hereby expressly incorporated herein
by reference as if set forth fully below.
2. The termination date of the Agreement as set forth in Section 2 is hereby extended to
September 30, 2015.
3. The Agreement is hereby amended to comply with Ch. 2011-143, Florida Statutes so that
notwithstanding anything to the contrary, any severance pay provided may not exceed an amount
greater than 20 weeks of compensation. and no severance pay shall he made if the Employee has
been fired for misconduct, as defined in s.443.036(30), by the Employer.
4. Except as modified by this Extension, the Agreement shall remain in full force and effect.
If there is a conflict between the terms of this Extension and the Agreement, the terms of this
Extension shall prevail.
IN WITNESS WHEREOF, the Employer has caused this Extension to be signed and
executed on its behalf by its Chairman,and duly attested by its Clerk to the Board, and the Employee
has signed and executed this Extension, both in duplicate. the month, date and year first written
above.
Attest: BOARD OF COUN'T'Y COMMISSIONERS
DWIGHT E.BROCK,-Clerk OF COLLIER COUNTY. FLORIDA
Attest SS to Chi.I x
'IWt ° Clerk FRED W. COYLE, CHAIRMAN
i I Lnat ur e an 4
WITNESSES: EMPLOYEE
Print Kane'', t "•t A :' _C - [FO L:. OC:I IS, .IR.
Print Name: t�� u 1.s-.k •
Approved as for form
and-legal sut'ficienciy
Scut R. Teach
Deputy County Attorney
Packet Page-693-
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COUNTY MANAGER EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 276 day of October, 2009, by and i
between COLLIER COUNTY,a political subdivision of the State of Florida,hereinafter
called "Employer," as party of the first part, and.Leo E. Ochs Jr., hereinafter called
"Employee,"as party of the second part,both of whom understand as follows_ 1
WITNESSETH:
WHEREAS, Employer desires to employ the services of Leo E. Ochs, Jr. as
County Manager (County Administrator) of Collier County, as provided by Collier
County Ordinance No. 93-72, as amended, and Chapter 125, Part III, Florida Statutes;
and
WHEREAS, it is the desire of the governing board, hereinafter called "Board of
County Commissioners" or "Board," to provide certain benefits, to establish certain
conditions of employment,and to set working conditions of said Employee;and
WHEREAS, Employee desires to accept employment as County Manager of said
Collier County;and
i
NOW THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 1:Duties
u
The Employee shall have the authority, duties and responsibilities as sct forth in
Section 3 of Ordinance No. 93-72, as such Ordinance has been amended or may be
72, y
amended or superseded in the future, or as such authority,duties and responsibilities are
set forth for a County Manager in Section 125.74, Florida Statutes.
(
Section 2: Ten a
Tenn
A. Employee agrees to remain in the exclusive employ of Employer until
October 27, 2013 as specified in Section 20, paragraph D herein, from
the effective date of this Agreement, and neither to accept other e
employment nor to become employed by any other employer until
termination of employment pursuant to this Agreement.
B. On or before September 30th of the year immediately preceding the
then ending year of the Agreement, including any applicable extensions, 9 j
the term of this Agreement may be extended for a period of two (2)
years by the mutual written agreement of the Board and the Employee. It
is contemplated that the Board will base its decision on the question of
whether or not to grant the extension of the term of this Agreement on
(1) the Employee's performance and (2) the Employee's ability to
successfully achieve goals mutually developed and agreed to by the
s
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Employee and the Board.Notwithstanding the foregoing,the end date of
the first extension term, if implemented, will be September 30th, so that
the term of this Agreement will ultimately correspond with the County's
fiscal year.
C. Nearing the conclusion of such four (4) year employment period, and
any applicable extensions, the Employment Agreement may be
renegotiated by the Employer. The Employee shall be given one
hundred-eighty (180) days notice of Board's intent to renegotiate the
Agreement or to allow the Agreement to expire without renegotiation. In
the event the Board's notice is not to renegotiate, but for the Agreement 1
to expire, no salary and deferred compensation severance payment nor
insurance benefits shall be provided Employee or his dependents upon
the expiration of the Agreement. Elements of this Agreement may be
changed at any time when mutually agreed upon in writing by the 1
Employer and the Employee.
D. Nothing in this Agreement shall prevent, limit or otherwise interfere 1
with the right of the Employer to terminate the services of Employee at
any time, subject only to the provisions set forth in Section 4 of this
Agreement.
E. Nothing 'in this Agreement shall prevent, limit or otherwise interfere
with the right of the Employee to resign at any time from his position
with Employer, subject only to the provisions set forth in Section 5 of
this Agreement.
Section 3:Susnensiotl
Employer may suspend the Employee with full pay and benefits at any time
during the term of this Agreement,but only if
A. A majority of the Board and Employee agree,or;
B. After a public hearing, a majority of the Board votes to suspend
Employee for just cause, provided, however, that Employee shall have
been given written notice setting forth any charges at least ten(10)days
prior to such hearing by the Board of County Commissioners'members
bringing such charges. Just cause shall include only willful misconduct
or willful failure or disregard of Employee's duties under this
Employment Agreement.
Section 4:Termination and Severance Pay
In the event this Employment Agreement with Employee is terminated by the
Employer before expiration of the aforesaid term of employment and during such time 3
that Employee is willing and able to perform his duties under this Agreement, then, and
only in that event. Employer agrees to pay Employee, in addition to any amounts then
i
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due Employee, including any unused leave, a lump sum cash payment within ten (10)
working days after the effective date of termination,as follows:
A. If termination occurs any time during the first two (2) years of this
Agreement, an amount equal to twelve (12) months of Employee's
annual base salary and benefits(universal leave and retirement) at the
rate effective on the date of termination, less any normally required
deductions. In such event, Employee's individual and dependent
health insurance benefits and term life insurance benefits shall also be
continued and provided by Employer for a period of twelve (12)
months after termination
B. If termination occurs after the first two(2) years of this Agreement,an
amount equal to six (6) months of Employee's annual base salary and
benefits (universal leave and retirement) at the rate effective on the
date of termination, less any normally required deductions. In such
event, Employee's individual and dependent health insurance benefits
and term life insurance benefits shall also be continued and provided
by Employer for a period of six(6)months after termination.
In the event Employee is convicted of any felony or of any crime involving moral
turpitude, Employer may terminate Employee's employment without notice and without
any obligation to pay any aggregate severance sum or to provide post-termination
insurance benefits described in the above paragraphs.
Section 5;Resignation
i Y
In the event Employee voluntarily resigns his position with Employer before
expiration of the aforesaid term of his employment,P P yrnent, then Employee shall give Employer
sixty (60) days advance written notice. If Employee voluntarily resigns, providing
Employer with less than sixty (60)days notice, Employee shall forfeit any payment for
accrued leave otherwise due and owing. r,
Section 6;Disability
If Employee is permanently disabled or is otherwise unable to perform his duties
because of sickness, accident, injury,mental incapacity or health for a period of four(4)
successive weeks beyond any accrued leave, Employer shall have the option to terminate
this Agreement, subject to the severance pay requirements of Section 4.
Section 7: Salary
A. Employer agrees to pay Employee for his services rendered pursuant
hereto an annual base salary of $165.000 payable in bi-weekly
installments.
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B. Employer and Employee shall negotiate in good faith to establish, within
one hundred and twenty (120) days after execution of this Agreement, a
performance based merit system through which the Employee shall be
eligible for a merit adjustment upon the successful completion of
measurable goals and objectives to be completed or attained by the
Employee during the 2010 fiscal year and each fiscal year thereafter
during the term of this Agreement. Such annual performance based merit
adjustment shall not exceed a maximum of ten percent (10%) of the
Employee's annual base salary. The minimum increase for satisfactory
performance under such performance based merit system will equal the 1
average percentage salary adjustment provided to all County employees
for the given fiscal year or three percent (3%) whichever is greater. All
such merit adjustments shall be included in the Employee's base salary. r
C. On the date that general wage adjustments(i.e.,cost of living adjustments,
special study pay adjustments, etc.) are granted generally to Collier
County employees,Employee's base salary shall be modified to reflect the
general wage adjustment granted to other County employees. 1
Section 8:Performance Evaluation q
The Employer shall review and evaluate the performance of the Employee in
accordance with the performance-based merit system as provided in Section 7. Written
evaluations based on said performance system will be provided by each County
Commissioner to Employee prior to September 1, 2010,and prior to each September 1st
thereafter for the term of this Agreement. A summary of all evaluations will be prepared
by the Board Chair for the Board and Employee including the recommended merit wage
adjustment. A merit system wage adjustment will take effect on October 1,2010 and each
October 1st thereafter for the term of this Agreement. An updated performance merit l"
system for Employee will be developed in good faith between the Board of County
Commissioners and Employee and adopted by the Board prior to October 1st of each
fiscal year for implementation in the next fiscal year.
Section 9:Hours of Work
All duties required hereunder shall be performed by the Employee personally, or
through the assistance of such County employees as may be made available from time to
time by the County and concerning which the Employee shall assume full responsibility;
provided, however, that nothing herein shall be deemed to absolve the Employee of
personal responsibility for the duties set forth herein. The Employee shall be "on-call"
twenty-four(24)hours a day, available to perform said duties and agrees to make himself
available as needed during said period. The manner and means of performance of the
duties herein shall be determined by the Employee. All acts performed by the Employee,
explicitly or implicitly, on behalf of the County, within the scope of his employment,
shall be deemed authorized by the County as its agent, except that any act which
constitutes willful misconduct or which may be unlawful shall be deemed to be an
individual act of the Employee without authority of the County. ►
1
1
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Section 10: Outside Activities
The Employee agrees to remain in the exclusive employ of the County while
employed by the County.
a i
Section 11: Automobile and Cellular Phone
Employer shall provide Employee with a cash allowance in the amount of Five 3
Hundred and 00/100 Dollars(S500.00) per month as a vehicle allowance for the use of
Employee's privately owned vehicle for County business. Employer shall provide a
cellular phone and service for the Employee's use.
Section 12: Insurance.Vacation.and Sick Leave
A. As an inducement to Employee to become County Manager, at signature
hereof, Employee shall be credited with the carryover of his accrued
vacation and sixty percent of eligible accrued sick leave days to date into a
universal leave account, a portion of which may be used to purchase
unpaid prior years earned retirement service credit.Employee shall accrue i
to his universal leave account an additional thirty (30)days per year, not I
including County holidays,on a monthly basis of two and a half(2.5)days
per month. Employee is highly encouraged to utilize his universal leave
days not only for the Employee's individual health and welfare, but also
for the increased effectiveness and efficiency of the County as a whole.
Employee is authorized to sell back a portion of earned universal leave on
a periodic basis.
B. Employer agrees to maintain in force for Employee all health, life
insurance or other insurance policies provided by County to its other
employees.
C. Unused universal leave will be paid at Employee's current rate of salary 1
upon termination,resignation or contract expiration. Employer agrees to
put into force and to make required premium payments for Employee for A
insurance policies for life, accident, disability income benefits, major
medical and dental, and dependent's coverage group insurance covering
Employee and his dependents. Term life insurance for Employee shall be
provided at a level of three times(3x) Employee's annual base salary,not
to exceed a maximum benefit of$500,000. Disability insurance income
benefits shall be sixty-six and two thirds percent(66.66%)of Employee's
annual base salary and administered as specified by County policy.
Employee shall continue to have the option of participating in the County
Leave Bank.
U. Employer agrees that commencing on the third anniversary date of this r
agreement and annually thereafter,the Employee will be paid for all hours
of accrued universal leave that exceed three hundred-sixty(360)hours.
Packet Page-698-
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E. All provisions of law and regulations and rules of the County relating to
holidays and other fringe benefits and working conditions as they now
exist, or hereafter may be amended, shall also apply to Employee in the
manner that they apply to other employees of the County, in addition to
benefits specifically enumerated in this Agreement.
Section 13: Retirement
Employer agrees to execute all necessary agreements provided by ICMA
Retirement Corporation (ICMA-RC) or NACO Public Employees Benefit Services
Corporation (as determined by Employee) and the Florida Retirement System for 1
Employee's continued participation in said retirement plans. Employer agrees to pay the
maximum allowable annual amount into the Employee's current retirement fund on
Employee's behalf,on the effective date of this Agreement and on the anniversary of said
date thereafter, and to transfer ownership to succeeding employers upon Employee's
resignation or termination, or to Employee upon his retirement, in accordance with any
applicable rules, regulations or laws. Since August 1986, Employee has been and is
designated as a Senior Management Service Class Employee in the Florida Retirement
System and is entitled to the retirement benefit contribution levels specified for same.
1
Section 14: Dues and Subscription
Employer agrees to budget for and to pay for professional dues and
subscriptions necessary for Employee's continuation and full participation in national,
regional, state, and local associations and organizations necessary and desirable for his
continued professional participation, growth, and advancement, and for the good of the
Employer, including but not limited to: International City and County Managers
Association and the Florida City and County Management Association.
Section I5:Professional Development
A. Employer hereby agrees to budget for and to pay for travel and subsistence
expenses of Employee for professional and official travel, meetings, and
occasions adequate to continue the professional development of Employee
and to adequately pursue necessary official functions for Employer,
including but not limited to the ICMA Annual Conference, Florida City
and County Management Association annual seminar. Leadership Collier,
and Leadership Florida.
B. Employer also agrees to budget for and to pay for travel and subsistence y
expenses of Employee for short courses, institutes, and seminars that are q
necessary for his professional development and for the good of the
Employer.
C. All out-of-state travel not specifically provided for herein shall be pm-
approved by the Board. Reimbursement for out-of-county travel shall be
as provided by Florida Statutes.
1
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4/28/2015 12.A.
•
Section 16: Indemnification
In addition to that required under state and local law. Employer shall defend,save
harmless, and indemnify Employee against any tort, professional liability claim or
demand or other legal action, including costs and attorneys'fees relating thereto whether
groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of Employee's duties as County Manager. a
Section 17: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the a
Employee under any law or ordinance.
Section 18;Other Terms and Conditions of Employment
The Board and the Employee shall fix any such other terms and conditions of i
employment as they may determine from time to time, relating to the performance of
ft
Employee, provided such terms and conditions are not inconsistent with or in conflict
with the provisions of this Agreement or any other law.
Section 19:Notices
Notices pursuant to this Agreement shall be in writing, transmitted by personal
service or by deposit in the custody of the United States Postal Service, postage prepaid,
addressed as follows:
(1)EMPLOYER: Board of County Commissioners
Collier County Government Center
3301 East Tamiami Trail
Naples, FL 34112
(2)EMPLOYEE: Leo E.Ochs,Jr.
9139 The Lane
Naples, FL 34109
1.
Notices shall be deemed effective upon delivery or receipt.
Section 20:General Provisions 1
A. The text herein shall constitute the entire agreement between the parties. 1
B. This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of Employee.
C. This Agreement is a personal services contract and neither this Agreement
nor Employee's obligations under this Agreement are assignable.
•
•
1
1
I
Packet Page -700-
4/28/2015 12.A.
2 1
1 , .
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D. This Agreement shall become effective oommeneing Cksober 27, 2009
. •
providing for se employment termion date of Aloha 27,2013 unless
this Agreement is weeded or remegotimed sz provided herein. i
. 1
E. If raY Morioka.or raY Portion lhomet contained in this Agreement is 1 ,3 • I
held unconstitutional, invalid or ancalbromble, the remainder of this
Agreement. or portion than(, shall be deemed severable, shin not be
alfixted,and shall remain in full firm and effect. / !I
i a
IN WITNESS V/HERHOF,the Employer bus mused this Agntalocal la be signed ,
and executed on its behalf by its Chairman,and tidy allemed by its Clerk to the Board. -
and the Employee has signed sod rourontel this Agreement,both in duplicate,the month,
I /
date end year fest above written.
i i •
• .
BOARD OF COUNTY COMMISSIONERS l'
. . .0...T/AiTitifit,c4,9,g1tK OF COLTNTY,F17:: i t
' : '":.%., .i''..' '''.. e, • :N/..:• 1 '
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• ' .i I _ i .;-:;e'- '..s.: ..4'.4 - , 3
. 9 .".." i. , .r.4., , . . '‘. • rhorr‘oc..• - a,
. . -,- • - -. i- -a . By
DONNA FIALA,CHAIRMAN 1 1-
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§ .
WITNESSES: ---a--i- EMPLOYEE 1 ,;
e
1
LEO E.
(452,-"t'Av#,Y .:l • i
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*• • •.• a s 1 o form and
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Packet Page-701-
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�J *6-t
Teresa L. Cannon
From: Brock, MaryJo
Sent: Friday,April 24, 2015 4:04 PM
To: Minutes and Records; Patricia L. Morgan
Subject: FW: Backup materials for agenda item !2A
Attachments: Resolution 95-6320000.pdf; Complaint0000.pdf
Importance: High
FYI. Thank you, MJ
Mary-Jo Brock - Executive Assistant to Leo E.Ochs,Jr. - County Manager's Office
maryjobrock@colliergov.net
239.252.8364
From: OchsLeo
Sent: Friday, April 24, 2015 4:03 PM
To: DLCOMM
Cc: KlatzkowJeff; BrockMaryJo; DL_BCCSEC
Subject: Backup materials for agenda item !2A
Importance: High
Commissioners,
My sincerest apologies for inadvertently failing to include the attached backup materials that were referenced in the
Executive Summary for Item 12A on next Tuesday's agenda.
VR,
Leo
Leo E.Ochs,Jr.
Collier County Manager
leoochs @colliergov.net
239.252.8383
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
C.crOgkit(LA--
•
' RESOLUTION NO. 95- 632
A RESOLUTION BETTING FORTH TEE POLICY OP THE BOARD
OP COUNTY COMMISSIONERS WITH REGARD TO PROVIDING A
LEGAL DEFENSE AND PAYING LEGAL EXPENSES OP COUNTY
COMMISSIONERS, COUNTY STAFF AND COUNTY ADVISORY
BOARD MEMBERS.
WHEREAS, the Board of County Commissioners and the Collier
County management and legal staff are constantly presented with
the necessity for making decisions regarding all phases of
County policy, management and legal counsel, respectively; and
WHEREAS, local governments and their employees have
recently become subject to increasing numbers of lawsuits based
upon state and federal laws; and
WHEREAS, it is essential to the effective operation of
County government that policy, management and legal decisions
be made competently, in the public interest, and with the
threat of personal liability for board and staff members for
making said decisions being maintained at a minimum so as to
avoid the "chilling effect" on the proper and diligent
performance of public duties recognized by the Florida Supreme
Court in Thornber v. City of Fort Walton Beach, 568 So.2d. 914
(1990); and
WHEREAS, Florida statutory and case law, as well as
Attorney General opinions (hereafter referred to as "AGO"), set
forth the requirements and discretion which are afforded to the
local governing body to formulate a policy regarding the
provision of counsel and payment of legal expenses for Board
members, County staff and advisory board members who are
involved in litigation arising out of or in connection with the
performance of official duties and while serving a valid public
purpose; and
WHEREAS, Collier County insurance policies currently
include County employees as well as Board members and members
of the Administrator's and County Attorney's staff within the
scope of coverage, provided that said persons are acting within
the scope of their employment and do not act criminally or
fraudulently; and
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ik0,0470)\--
•
WHEREAS, the Board of County Commissioners (hereafter also
referred to as "Board") desires to hereby set forth and
formalize its policy with regard to the provision of legal
counsel and the payment of legal expenses incurred by County
Commissioners and administrative and legal staff so as to
promote competent decisions and conduct in the public interest
while reducing the threat, intimidation and chilling effect on
performance of official duties created by potential personal
liability for County Commissioners and County staff members
while acting in the scope of their official duties and while
serving a valid public purpose.
WHEREAS, the various advisory boards, quasi-judicial
boards and regulatory boards (hereafter also collectively
referred to as "advisory board(s)") formed by the Board of
County Commissioners, and the members thereof who are appointed
(( by the Board of County Commissioners, serve a critical function
with regard to the operation of Collier County Government; and
WHEREAS, the members of such boards serve on a volunteer' •
basis without compensation for the time spent in performing
their duties and functions; and
WHEREAS, said boards and board members are regarded by the •
Board of County Commissioners as being within the umbrella of
•
legal protection afforded to the Board of County Commissioners
and other Collier County employees; and
WHEREAS, the Board hereby desires to set forth and
formalize its policy with regard to the provision of legal
counsel and the payment of legal expenses incurred by advisory
board members so as to promote competent decisions and conduct
in the public interest while reducing the threat, intimidation
and chilling effect on performance of official duties created
by potential personal liability for advisory board members
while acting in the scope of their official duties and while
{
serving a valid public purpose.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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•
Ikkelq*
1. Definition' of "County person(s)us As used in this
Resolution, the term "County person(s)" shall mean and include
the members of the Board of County Commissioners, the County
Administrator and his staff, the County Attorney and his staff,
• all employees of the Board of County Commissioners as well as
the Collier County Airport Authority Director and his staff,
the Director and staff of any other County-created authority,
the officers and staff of any dependent or other special
district for which the Collier County Board . of County
Commissioners is the governing body or ex-officio the governing
body thereof, and any person appointed by the Board of County
Commissioners to a Collier County Advisory Board,
quasi-judicial board or regulatory board formed by the Board of
County Commissioners of Collier County, Florida.
2. Pursuant to Section 111.07, Florida Statutes, and
11 Thornber v. City of Fort Walton Beach, 568 So.2d 914 (Fla.
1990), the Board hereby resolves to provide• legal
representation to County persons in civil actions and in civil
rights actions subject to the limitations set forth herein.
a. Legal representation shall be provided in civil
actions and in civil rights lawsuits only if the
litigation involving q the County person to be
represented arises out of or in connection with
the performance of official duties and while
said County person was serving a valid public
purpose. No representation shall be provided in
tort actions' if the County person acted or
failed to act in bad faith, with malicious
purpose, or in a manner exhibiting wanton and
willful disregard of human rights, safety or
property. No representation shall be provided
to any County person in a civil action or civil
rights action where said County person acted or
failed to act with intent to harm. No
representation shall be provided in any case
• -3-
r
where the County person has willfully failed to
follow the legal advice furnished by the Office
of the County Attorney, unless the Board of
County Commissioners specifically finds,-.at a
public meeting, that said failure to follow
legal advice was for reason(s) within the County
person's scope of employment and served a valid
public purpose.
b. Collier County shall at all times have the
discretion to determine whether to directly
represent such individual through the County
Attorney's office or to select counsel to
represent said County person in the civil action
or civil rights action.' If a County person
chooses to obtain private legal counsel without
prior authorization from Collier County, all
fees and/or costs incurred by such person shall
be the sole responsibility of said person and
Collier County shall accept no responsibility
for payment of legal fees and/or costs.
c. Any legal fees and/or costs properly payable
under this Policy must be reasonable in amount.
d. Pursuant to Section 111.07, Florida Statutes,
any attorney's fees and/or costs paid or
incurred by the County for any County person who
is found to be personally liable by virtue of
acting outside the scope of employment, in bad
faith, with malicious purpose, or in a manner
exhibiting wanton and willful disregard of human
rights, safety or'-property, may be recovered by
the County in a civil action against such County
person.
e. Notwithstanding anything else stated in this
section or this Resolution, the Board shall have
the sole and absolute discretion allowed by
-4-
(15019)6
•
Section 111.07, Florida Statutes, as well as by
applicable case law, to not provide legal
representation and to instead reimburse any
County person for reasonable attorney-, Pees
and/or costs in the event that said County
person prevails in the civil or civil rights
action.
3. pursuant to Sections 111.071 and 111.072, Florida
Statutes, the County shall pay for final judgments, settlements
and/or costs involving County persons in civil actions and in
civil rights actions subject to the limitations provided
herein.
a. Collier County shall pay final judgments,
settlements and/or costs involving County
persons only where the litigation arose out of
or in connection with the performance by the
County person of official duties and while
• serving a valid public purpose. No final
judgment, settlement or costs shall be paid for
by the County in a civil action or a civil
rights action if the County person against whom
the final judgment, settlement and/or costs have
been imposed has acted or failed to act with
intent to harm. The County shall not pay any
final judgment, settlement and/or costs in tort
actions where a County person has acted or
failed to act with bad faith, malice or with
wanton and willful disregard of human rights,
safety or property. No judgment and/or costs •
shall be paid in any case where the County
�• person has willfully failed to follow the legal
advice furnished by the Office of the County
Attorney, unless the Board of County
Commissioners specifically finds, at a public
meeting, that said failure to follow legal
-5-
i
•
•
('
advice was for reasons within the County
person's scope of employment and served a valid
public purpose.
b. Any final judgments, settlements and/or 'costs
paid or incurred by the County shall be in
strict adherence with the sovereign immunity
recovery limits set forth in Section 768.28,
Florida Statutes.
c. If the County person has had private legal
representation in the case, contrary to the
provisions of Section (2) (b) of this Policy,'any
final judgment, settlement and/or costs imposed
• shall be the sole responsibility of said person
and Collier County shall accept no
responsibility for payment of the final
judgment, settlement and/or costs.
d. Pursuant to Section 111.071(4), this section is
pot intended to be a waiver of sovereign
immunity or a waiver of any other defense or
' immunity to such lawsuits.
• 4. In cases where a County person is formally charged
with a criminal violation, the County shall pay the legal fees
and/or costs incurred by said County person only under the
following circumstances:
a. The charges against the County person arose out
of or in connection with the performance of
official duties and while serving a valid public
purpose.
b. The County person has been acquitted or the
charges dismissed. Lomelo v. City of Sunrise,
423 So. 2d. 974 (4th DCA 1982), pet. for rev.
dismissed at 431 So.2d. 988 (Fla. 1983) , and AGO
fl
89-33.
c. The legal fees and/or costs charged are
reasonable in amount.
-6-
d. The County person has first notified the County
administration and legal staff of the pendency
of the charges and has permitted the County the
opportunity to either directly provide counsel
or to allow said County person to choose his/her
own counsel.
e. The charges have not resulted from the willful
failure of the County person to follow the legal
advice furnished by the Office of the County
Attorney, unless the Board of County
Commissioners specifically finds, at a public
meeting, that said failure to follow legal
advice was for reasons within the County
person's scope of employment and served a valid
...public purpose.
it f. The legal fees and/or costs incurred by a County
• • person during the investigatory, pre-charge
stages of a criminal case shall be paid by the .
County only for proceedings involving potential
criminal liability for the County person and
where the allegations are ultimately determined
to be unfounded and to have arisen from conduct
related to the performance of official duties
and while serving a valid public.purpose. AGO
94-11. The provisions of Subsections 4b, c, d
and e of this Resolution shall also govern these
cases.
g. In the event that the County person has been
provided legal representation by the County and
the County person is found guilty of a criminal
charge, the County may recover from the County
person in a civil action all legal fees and/or
costs paid or incurred by the County.
5. The County shall pay legal fees and/or costs incurred
by County persons in cases involving formal ethics charges
-7-
subject to the limitations provided herein:
a. The ethics charges arose from conduct related to
the performance of official duties and while
serving a valid public purpose. Zllison v:.Rei4,
397 So. 2d. 352 (1st DCA 1981) and AGO's 85-51
and 90-74.
b. The County person has prevailed and successfully
defended against the ethics charges.
c. The legal fees and/or costs charged are
reasonable in amount.
d. The County person has first notified the County
administration and legal staff of the pendency
of the charges and has permitted the County the
opportunity to either directly provide counsel
or to allow said County person to choose his/her
own counsel.
• e. - The charges have not. resulted from the .willful
failure of the County person to follow the legal
advice furnished by the Office of the County
•
Attorney, unless the Board of County
Commissioners specifically finds, at a public
meeting, that said failure to follow legal
advice was for reasons within the County
person's scope of employment and served a valid
public purpose.
f. The legal fees and/or costs incurred by a County
person during the investigatory, pre-charge
stages of an ethics complaint shall be paid by
the County only for proceedings involving
potential civil and/or criminal liability and/or
ethics sanctions for the County person and where
the allegations are ultimately determined to be
unfounded and to have arisen from conduct
related to the performance. of official duties
and while serving a valid public purpose. AGO
-8-
1119ve`2f-
•
94-11. The provisions of Subsections 5b, c, d
. and a of this Resolution shall also govern these
cases.
g. In the event that the County person has-.been
provided legal representation by the County and
the County parson is found by the Florida Ethics
Commission or other appropriate tribunal having
jurisdiction over the case to have committed
ethical violations, the County may recover from
the County person in a civil. action all legal
fees and/or costs paid or incurred by the
County.
h. Nothing in this section shall be construed to
preclude the County Attorney from requesting
formal or informal ethics opinions on behalf of
If
one or more commissioners.
6. The County shall pay legal fees and/or costs incurred
by County persons in cases involving non-county administrative
and/or regulatory proceedings and/or formal charges subject to
the limitations provided herein:
a. The proceedings and/or charges arose from
conduct related to the performance of official
duties and while serving a valid public purpose.
b. The County person has prevailed and successfully
defended against the proceedings and/or charges.
c. The legal fees and/or costs charged are
reasonable in amount.
d. . The County person has first notified the County
Administration and legal staff of the pendency
of the proceedings and/or charges and has
permitted the County the opportunity to directly
provide counsel or to allow said County person
to choose his/her own counsel.
e. The charges and/or proceedings have not resulted
from the willful failure of the County person to
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r
VCJY Y
•
� I
folloii the legal advice furnished by the Office
of the County Attorney, unless the Board of
County Commissioners specifically finds, at a
public meeting, that said failure : to follow
legal advice was for reasons within the County
•
person's scope of employment and served a valid
• public purpose.
f. The legal fees and/or costs incurred by the
County person during the pendency of the
proceedings and/or the investigatory, pre-charge
stages of an administrative or regulatory case
shall be paid by the County only for proceedings
and/or charges involving potential civil and/or
criminal liability and/or administrative/
regulatory sanctions for the County person and
where the allegations are ultimately determined
to be unfounded and to have risen from conduct
related to the performance of official duties
and while serving a valid public purpose. AGO
94-11. The provisions of Subsections 6b, c, d
and e of this Resolution shall also govern these
cases.
g. In the event that the County person has been
provided legal representation by the County and
the County person is found, by an administrative
or regulatory agency or other appropriate
tribunal having jurisdiction over the case, to
•
have civil or criminal liability and/or to have
violated administrative or regulatory rules, the
County may recover from the County person in a
civil action all legal fees and/or costs paid or
incurred by the County.
7.. The County shall pay legal fees and/or costs incurred
by individual members of the Board of County Commissioners for
instituting, as opposed to defending, litigation only where all
-10-
of the following circumstances are present:
a. The litigation arises from or in connection with
the Board members performance of official duties
and the litigation serves a valid public
purpose.
b. This section shall apply only to members of the
Board of County Commissioners and not to any
other "County person" defined in Section 1 of
this Resolution.
c. The Board member must prevail in said
litigation.
d. The legal fees and/or costs are reasonable in
amount.
e. The Board member shall have first notified the
Board of County Commissioners, the County
Administrator and the County Attorney prior to
the commencement of the litigation and shall
have permitted the County the opportunity to
either directly provide counsel or to allow said
Commissioner to choose his/her own counsel.
f. The litigation has not resulted from the willful
failure to follow the legal advice furnished by
the Office of the County Attorney, unless the
Board of County Commissioners specifically
finds, at a public meeting, that said failure to
follow legal advice was for reasons within the
Commissioner's scope of employment and served a
valid public purpose.
g. In the event that the Commissioner has been
provided legal representation by the County and
the Commissioner does not prevail in the
litigation, then the County may recover from the
• Commissioner in a civil action all legal fees
1
and/or costs paid or incurred by the County.
8. All preliminary decisions administering and
-11-
implementing this policy shall initially be made by the County
Administrator and/or his designee and the Office of the County
Atttorney in cooperation and consultation with each other's
respective offices. Both offices are hereby delegated the
power to make any lawful and reasonable investigation and
evaluation of cases arising under this policy. Said evaluation
shall take into account all available relevant information in
addition to the nature, type, number and substance of the
allegations contained in any pleadings filed and/or served in
any legal proceeding. All final determinations regarding the
implementation and administration of this policy shall be made
only by the Board of County Commissioners which is in
accordance with AGO's 85-51, 89-22, 90-74 and 91-58. The Board
shall also make all final determinations regarding the
• provision of• a legal defense and/or paying legal expenses of
County persons for any type of legal claim or suit arising from
a County person's performance of official duties while serving
a valid public purpose if said type of claim or suit is not
specifically addressed by this Resolution.
9. Collier County Board of County Commissioners
Resolution Nos. 85-126 and 85-178 are hereby repealed and
superseded in their entirety.
This Resolution adopted after motion, second and majority
. vote favoring same.
'
• •DATED: j � •
•A2TEST:%'.i BOARD OF COUNTY COMMISSIONERS
'DWIGHt'$:•.BROCK, Clerk COLLIER COUN , FLORIDA
',• a•
•
By
TTY
BE E t 'rTHEWS, Chairman
•
Approved as to form and
legal•,su1ficiency: •
• v'y (;(2,
-Ramiro Mafi lich
Chief Assistant County Attorney
5373
•
-12-
Filing#25582034 E-Filed 04/01/2015 01:40:02 PM
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
DWIGHT E. BROCK, as Clerk of the Circuit
Court of Collier County, Florida,
Plaintiff,
vs. CASE NO: ?D/3 04 O5?5
LEO E. OCHS, JR. as Manager/Administrator
of COLLIER COUNTY, a Political Subdivision
of the State of Florida and JOANNE
MARKIEWICZ, as Purchasing & General
Services Division Director of COLLIER
COUNTY, a Political Subdivision of the State
of Florida, and as an agent of
Manager/Administrator of COLLIER COUNTY,
LEO E. OCHS, JR.
•
Defendants.
• / •
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiff, DWIGHT E. BROCK, as Clerk of the Circuit Court of Collier County, Florida,
("CLERK") by and through undersigned counsel sues the following Defendants: LEO E. OCHS,
JR. as County Manager/Administrator of COLLIER COUNTY, a political subdivision of the State
of Florida ("COLLIER COUNTY"), hereinafter referred to as "OCHS" or "MANAGER" and
JOANNE MARKIEWICZ as Purchasing & General Services Division Director of COLLIER
COUNTY, and as an agent of the MANAGER, hereinafter referred to as "MARKIEWICZ" and
alleges:
1. This is an action seeking declaratory and supplemental relief pursuant to Chapter
86, Florida Statutes and is an action for injunctive relief and for the entry of an injunction against
the Defendants.
2. This action requests a declaratory judgment as to the existence or nonexistence
of an immunity, power, privilege or right of the CLERK regarding the payment of certain invoices
submitted to the CLERK.
1
3. This action requests a declaratory judgment as to the validity of certain actions of
• the Defendants and/or their agents or designees or agents, servants or employees of COLLIER
COUNTY who report to the Defendants, that involve the expenditure of public funds and that
affect the roles, duties, functions and authority of the CLERK under the Florida Constitution and
Florida Statutes.
4. This action requests a declaratory judgment as to the validity of a certain contract
and agreement (including but not limited to purchase orders and work orders, said contract,
agreement, purchase orders and work orders at times collectively referred to herein as the
"Skillsoft Contract")entered into by Skillsoft Corporation d/b/a Skillsoft Direct("Skillsoft")and the
Defendant, MARKIEWICZ or her designees and other.agents, servants and employees of
COLLIER COUNTY or agents or designees of the MANAGER.
5. This is also an action for injunctive relief to enjoin the Defendants OCHS and
MARKIEWICZ, their designees and all of their agents, servants and employees from proceeding
in any manner in the consummation of any transaction intending to be a contract or agreement of
any form binding COLLIER COUNTY and the taxpayers of COLLIER COUNTY, with any entity,
including but not limited to Skillsoft.
6. This is also an action for injunctive relief to enjoin the Defendants OCHS and
MARKIEWICZ, their designees, agents, servants and employees from entering into any contract
or agreement the authority of which is reserved by law unto the Board of County Commissioners
of Collier County, Florida(the"BOARD")or where the approval of any expenditure relating thereto
is reserved unto the BOARD.
FACTS APPLICABLE TO ALL COUNTS
7. The 'Plaintiff CLERK is the ex officio clerk of the BOARD, auditor, recorder and
custodian of all COLLIER COUNTY funds and custodian of all COLLIER COUNTY minutes and
records. See Article VIII, section 1(d) of the Florida Constitution; Section 28.12, F.S.; Section
2
[4tVY14Palk-
125.17, F.S. COLLIER COUNTY does not operate under a county charter and is a non-charter
county under Article VIII, Section 1(f), Florida Constitution.
8. Article VIII, Section 1(f)of the Florida Constitution provides in pertinent part:
"Counties not operating under county charters shall have such power of self-government
as is provided by general or special law. The board of county commissioners of a county
not operating under a charter may enact, in a manner prescribed by general law, county
ordinances not inconsistent with general or special law,..."
9. Pursuant to the provisions of Section 129.09, F.S., if the CLERK acting as county
auditor, signs any warrant to pay any illegal charge against COLLIER COUNTY or to pay any
claim against COLLIER COUNTY not authorized by law or COLLIER COUNTY ordinance, the
CLERK shall be personally liable for such amount, and if the CLERK signs the warrant willfully
and knowingly the CLERK is guilty of a second degree misdemeanor. Thus the CLERK is both
civilly and criminally liable for any improper payment.
10. The BOARD is the elected governing body of COLLIER COUNTY. Section 125.01,
F.S. outlines various powers and duties of the BOARD as the governing body of COLLIER
COUNTY, a non-charter county. The BOARD can only take action in public at noticed public
meetings.
11. Section 125.01(3)(a), F.S. provides, as to the powers of the BOARD, that:
"(3)(a) The enumeration of powers herein shall not be deemed exclusive or restrictive,
but shall be deemed to incorporate all implied powers necessary or incident to carrying
out such powers enumerated, including, specifically, authority to employ personnel,
expend funds, enter into contractual obligations, and purchase or lease and sell or
exchange real or personal property." (emphasis added)
12. Part III of Chapter 125, F.S. is the"County Administration Law of 1974". Section
125.74(1)1F.S.outlines the powers and duties of the"county administrator2.
1 Chapter 125.74, F.S. will hereafter be referred to as the"Administrator's Statute".
2 While Chapter 125.74, F.S. refers to the"county administrator", COLLIER COUNTY uses the
term "County Manager"for the individual who is the"county administrator"identified in Chapter
125.74, F.S. This Complaint will use the term "MANAGER"for the COLLIER COUNTY
administrator/manager.
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13. In pertinent part,Section 125.74(1)(m)F.S provides:
"125.74 County administrator; powers and duties.—
(1) The administrator may be responsible for the administration of all departments
responsible to the board of county commissioners and for the proper administration of all
affairs under the jurisdiction of the board. To that end, the administrator may, by way of
enumeration and not by way of limitation, have the following specific powers and duties
to:
(m) Negotiate leases, contracts, and other agreements, including consultant services,
for the county, subject to approval of the board, and make recommendations concerning
the nature and location of county improvements." (emphasis added)
14. Section 125.74(2), F.S.states that none of the governmental power of the BOARD
as the governing body is delegated to the administrator.
"(2) It is the intent of the Legislature to grant to the county administrator only those
powers and duties which are administrative or ministerial in nature and not to delegate
any governmental power imbued in the board of county commissioners as the governing
body of the county pursuant to s. 1(e), Art. VIII of the State Constitution. To that end, the
above specifically enumerated powers are to be construed as administrative in nature,
and in any exercise of governmental power the administrator shall only be performing the
duty of advising the board of county commissioners in its role as the policy-setting
governing body of the county." (emphasis added)
15. The Defendant OCHS is the retained COLLIER COUNTY MANAGER and is sui
juris.
16. The Defendant MARKIEWICZ is the MANAGER appointed Purchasing&General
Services Division Director of COLLIER COUNTY and is sui juris.
17. Consistent with the language in Section 125.74(1)(m), F.S., the BOARD adopted
Ordinance No. 2013-40, the "Collier County Administrator's Ordinance" (the "Administrator's
Ordinance"). A copy of the Administrator's Ordinance is attached as Exhibit"A".Section Three
of the Administrator's Ordinance provides that any reference to "county manager" in any Collier
County ordinance, resolution, etc., shall be understood to refer to the"county administrator".
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18. The Administrator's Ordinance grants to the MANAGER and his appointees only
those powers and duties which are administrative or ministerial in nature and does not delegate
to the MANAGER or his appointees, including MARKIEWICZ or their designees, any
governmental power imbued in the BOARD as the governing body.
19. Section Four of the Administrator's Ordinance provides:
"In keeping with F.S. ch. 125 part III, this Ordinance grants to the County Administrator
only those powers and duties which are administrative or ministerial in nature and not to
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). To this end, the
below specifically enumerated powers are to be construed as administrative in nature,
and in any exercise of governmental power the County Administrator shall only be
performing the duty of advising the Board of County Commissioners in its role as the
policy-setting governing body of the county and carrying out its directives and policies."
(emphasis added)
•
20. Section Six(a)(13)of the Administrator's Ordinance provides that the MANAGER
has the power and duty to:
•
"(13) Negotiate leases, contracts and other'agreements, including consultant
• services,for the county, subject to approval of the Board..."(emphasis added)
21. In 2013, the BOARD, in the context of COLLIER COUNTY'S purchase or
procurement of goods and services, adopted Ordinance No. 2013-69 as a substantially revised
• "Purchasing Ordinance(the"Purchasing Ordinance", see attached Exhibit"B"). V
•
22. In various and pertinent parts, the Purchasing Ordinance provides (emphasis
added):
A. In Section Five: the Purchasing Director has the authority to negotiate all purchases
for all County Agencies except as required by State, Federal or Local Law.
B.In Section Five: in keeping with Ch. 125, F.S.,the Purchasing Ordinance grants to
the Purchasing Director only those powers and duties which are 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)and to this end, the specifically enumerated powers are to
be construed as ministerial in nature, for the purpose of carrying out the Board's
directives and policies.
C.In Section Seven: the Board shall, prior to payment, approve all expenditures with a
finding that such expenditures serve a valid public purpose.
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23. The Defendant MARKIEWICZ, as the Purchasing & General Services Division
Director for COLLIER COUNTY is the current COLLIER COUNTY 'Purchasing Director"as the
"Purchasing Director"is defined in the Purchasing Ordinance.
24. On or about July 2, 2014, Swain Hall, a Procurement Strategist in the County
purchasing section, issued Invitation to Bid, Solicitation: 14-6265 Online Safety Training Program
("ITB 14-6265"). A copy of ITB 14-6265 is attached as Exhibit"C".
25. On or about July 22, 2014, Skillsoft Corporation ("Skillsoft") submitted its bid in
response to ITB 14-6265, the"Skillsoft Bid", a copy of which is attached as Exhibit"D".
26. On or about December 2, 2014, (with a contract date of November 2, 2014)
Agreement.14-6265 for Online Safety Training Program (the "Skillsoft Contract") was executed
by Mark Murray on behalf of Skillsoft Corporation d/b/a Skillsoft Direct and the Defendant
MARKIEWICZ in the name of COLLIER COUNTY on behalf of the BOARD. A copy of the
• Skillsoft Contract is attached as Exhibit"E".
27. The MANAGER (OCHS) and MARKIEWICZ, or their designee(s) or various
agents, servants and employees of COLLIER COUNTY or the BOARD unlawfully signed or
attempted to enter into the Skillsoft Contract in the name of COLLIER COUNTY on behalf of the
BOARD.
28. MARKIEWICZ signed the Skillsoft Contract in the name of COLLIER COUNTY on
behalf of the BOARD without the review or approval of the BOARD. Said act by MARKIEWICZ
was unlawful, ultra vires and the Skillsoft Contract is null and void ab initio, from its inception.
29. The MANAGER (OCHS) and MARKIEWICZ or their designee(s) or various
agents, servants and employees of COLLIER COUNTY or the BOARD have: A. unlawfully
executed the Skillsoft Contract intending to bind COLLIER COUNTY, the BOARD and the
Taxpayers of COLLIER COUNTY; and, B. unlawfully entered into the Skillsoft Contract in the
name of COLLIER COUNTY on behalf of the BOARD. The BOARD did not make any
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determination that the expenditure of COUNTY funds to Skillsoft under the Skillsoft Contract
served a public or COUNTY purpose.
30. The Defendants, OCHS, MARKIEWICZ, their designees and various agents,
servants and employees of COLLIER COUNTY and the BOARD, have acted in a manner
contrary to law purporting to enter into contracts such as the Skillsoft Contract and others in the
name of or on behalf of COLLIER COUNTY or the BOARD without the approval of the BOARD.
31. By virtue of the foregoing, OCHS, MARKIEWICZ, their designees and various
agents, servants and employees of COLLIER COUNTY and the BOARD,without the review and
approval of the BOARD and without the BOARD making a determination of the existence of a
valid public purpose to expend COLLIER COUNTY funds, public funds, have unlawfully signed
and executed the Skillsoft Contract in the name of or on behalf of COLLIER COUNTY or the
BOARD. •
•
COUNT
• DECLARATORY JUDGMENT
32. Plaintiff CLERK realleges and reasserts all of the allegations of paragraphs 1
through 31 inclusive above.
33. On or about December 9, 2014, MARKIEWICZ issued purchase order "PO
Number 4500156070" in the Skillsoft Contract in the amount of$32,905.20 to Skillsoft. A copy
of purchase order'PO Number 4500156070" is attached as Exhibit"F".
34. On or about December 19, 2014, Skillsoft issued its invoice in the amount of
$32,905.20 to COLLIER COUNTY(the"December 19, 2014 Skillsoft Invoice")a copy of which is
attached as Exhibit"G".
35. The December 19, 2014 Invoice does not state that any services were provided
or performed by Skillsoft as of the date of the December 19, 2014 Skillsoft Invoice.
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36. The CLERK has made a diligent search and inquiry of the minutes and records of
the BOARD and has not discovered any evidence or record that the BOARD approved the
Skillsoft Contract.
37. The CLERK has made a diligent search and inquiry of the minutes and records of
the BOARD and has not discovered any evidence or record that the BOARD approved the
expenditure of funds to Skillsoft under the Skillsoft Contract.
38. In performing his constitutional and statutory roles and responsibilities, including,
but not limited to reviewing the December 19, 2014 Skillsoft Invoice and Skillsoft Contract
documents and making a determination as to the legality of the expenditure, including but not
limited to the legality or validity of the Skillsoft Contract,the CLERK,in exercising his discretionary
authority as to the legality of the expenditure, has determined that:
A. the BOARD did not approve the Skillsoft Bid.
B. the BOARD did not award any contract under!TB 14-6265 to Skillsoft.
C. the BOARD did not approve the Skillsoft Contract.
D. the BOARD did not execute or sign the Skillsoft Contract.
• E. the execution of the Skillsoft Contract by MARKIEWICZ was unlawful and ultra
vires.
F. the Skillsoft Contract is void ab initio, from its inception.
G. it would be unlawful to pay the Skillsoft December 19, 2014 Invoice.
39. The Defendants assert that the Skillsoft Contract is a valid contract and that the
CLERK is required to pay Skillsoft under the Skillsoft Contract and the December 19, 2014
Skillsoft Invoice.
40. The CLERK asserts that the Skillsoft Contract is not a valid contract as it was not
. approved by the BOARD and that the CLERK may not disburse COUNTY funds, public funds,to •
Skillsoft under the Skillsoft Contract.
41. There is a dispute and controversy between the CLERK and the Defendants as
to the CLERK'S rights, duties and obligations under Florida law to pay the December 19, 2014
Skillsoft Invoice.
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42. The CLERK is entitled to a declaration of his tights to obtain a resolution of the
present and ongoing dispute between the CLERK and the Defendants as to the validity of the
Skillsoft Contract and whether payment of the December 19, 2014 Skillsoft Invoice and the
expenditure of public funds to pay Skillsoft is lawful and proper.
WHEREFORE, the CLERK demands judgment against the Defendants MANAGER
(OCHS) and MARKIEWICZ, their designee(s), agents, servants and employees, and agents,
servants or employees of COLLIER COUNTY who report to the Defendants, and the entry of an
order:
A. Affirming the discretionary authority of the CLERK to make the determination as to the
legality of the expenditure of COLLIER COUNTY funds, public funds.
B. Affirming the determination made by the CLERK that the Skillsoft Contract is not a
valid contract and is null and void.
C. Declaring that the Skillsoft Contract is not a valid contract and is null and void.
D. Declaring that the CLERK has no duty or obligation to disburse COLLIER COUNTY
or public funds to Skillsoft under the Skillsoft Conttact or the December 19, 2014
Skillsoft Invoice.
E. Granting such other and further relief as the court deems proper.
COUNT II
INJUNCTIVE RELIEF
AS TO SECTION 125.74(1)(m), F.S.
43. Plaintiff CLERK realleges and reasserts all of the above allegations of paragraphs
1 through 29 inclusive and 33 through 37 inclusive.
44. The CLERK requests the entry of an injunction against the Defendants MANAGER
(OCHS) and MARKIEWICZ, their designees, agents, servants and employees and agents,
servants or employees of COLLIER COUNTY who report to the Defendants; enjoining and
preventing each of them from engaging in activities beyond those authorized in Section
125.74(1)(m) F.S.
45. The CLERK requests the entry of an injunction against the Defendants MANAGER
(OCHS) and MARKIEWICZ, their designees, agents, servants and employees and agents,
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servants or employees of COLLIER COUNTY who report to the Defendants; enjoining and
preventing each of them from signing, executing or entering into any contract or agreement or
consummating any transaction on behalf of COLLIER COUNTY or the BOARD, without the
express approval of the BOARD as to each such contract or agreement.
WHEREFORE,the CLERK requests this court enter an order.
A. Requiring that Defendants MANAGER(OCHS) and MARKIEWICZ, their designees,
agents, servants and employees and agents, servants or employees of COLLIER
COUNTY who report to the Defendants, obtain prior BOARD approval of each
contract and agreement(including, as appropriate, purchase orders and work orders
when purchase orders or work orders are the form of the contract)where COLLIER
COUNTY or the BOARD is/are parties or acquiring good or services.
B. Enjoining MANAGER (OCHS) and MARKIEWICZ, and their designees, agents,
servants and employees and agents, servants or employees of COLLIER COUNTY
who report to the Defendants, from signing, executing or enter into any contracts or
agreements (including, as appropriate, purchase orders and work orders when
purchase orders of work orders are the form of the contract) on behalf of COLLIER
COUNTY or the BOARD without the express approval of the BOARD as to each such
contract or agreement.
C. Granting such other and further relief as the court deems proper.
•
WOODWARD, PIRES&LOMBARDO; P.A.
3200 Tamiami Trail North; Suite 200
• Naples, Florida ,-103 a•ires
@wpl-legal.com
239-649
x)
By: te...„Liwt�l:ef Mr An 'ny .• • , r. E .
Florida Bar o.203671
Attorney For Plaintiff Dwight E. Brock,
Collier County Clerk of the Circuit Court
a piresc )wpWegal.com
AND
Maori S uderi,
Florida Bar No.37540
General Counsel For Plaintiff Dwight E. Brock,
• Collier County Clerk of the Circuit Court
3315 Tamiami Trail East
Naples, FL 34112-5324
marni.scuderi @collierclerk.com
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