Agenda 06/23/2015 Item #17EProposed Agenda Changes
Board of County Commissioners Meeting
June 23, 2015
Move Item 16A16 to Item 9C: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve for recording the final plat of Legacy Estates, (Application Number
20140001803) approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security. Companion to Item 16D5. (Commissioner Hiller's request)
Move Item 17E to Item 9D: Recommendation to approve an Amendment to
the Collier County Purchasing Ordinance (Ordinance Number 2013 -69).
(Commissioner Taylor's request)
Move Item 16D15 to Item 11G: Recommendation to approve a temporary signage program during the 2015
summer break to place temporary YMCA /CAT signs on select CAT bus stop poles. (Commissioner
Henning's request)
Move Item 16D5 to Item 11 H• This item to be heard immediately following Item 9C (16A16):
Recommendation to approve a standard Donation Agreement that allows JD DEVELOPMENT l LLC, a
foreign limited liability company, to donate a 1.14 acre parcel along with a management endowment of
$4,440.30 to the Conservation Collier Land Acquisition Program under the offsite vegetation retention
provision of the Land Development Code LDC Sec 3.05.07H.l.f.iii. (b), at no cost to the County, and
authorize the Chairman to sign the Donation Agreement and staff to take all necessary actions to close.
Companion to Item 16A16. (Commissioner Hiller's request)
Move Item 16F6 to Item 11I: Recommendation to award RFQ 15 -6433 Production of the Tourism Guide to
Miles Media Group, LLLP and authorize the Chairman to execute the County Attorney approved contract
and make a finding that this action promotes tourism. (Commissioner Taylor's request)
Move Item 16F12 to Item 11J: Recommendation to approve the Second Amendment to the Agreement
between Economic Incubators, Inc. and the Board of County Commissioners. (Commissioner Taylor's
request)
Add On Item IIK: Recommendation to provide guidance to the County Manager in response to the
Clerk of Court's unilateral decision to withhold presentation of selected expenditures to the Board for
determination of valid public purpose and payment authorization. (Staffs request)
Time Certain Items:
Item 9C (Moved from 16A16) to be heard at 4.00 p.m.
Proposed Agenda Changes
Board of County Commissioners Meeting
June 23, 2015
Page 2
Note:
Item 16A21 Recommendation to review the April 2015 beach survey results and endorse a staff
recommendation to not renourish the Vanderbilt Pelican Bay, Park Shore or Naples beaches in the Fall
(November) of 2015.
Direct staff to obtain a permit modification to renourish the Clam Pass Park beaches after the 15 year beach
renourishment permit is issued from Florida Department of Environmental Protection and the United States
Army Corps of Engineers. (Commissioner Henning's request)
Item 16A25 Recommendation to approve Amendment to the Collier Metropolitan Planning
Organization (MPO) Staff Services Agreement The attestation signature on Page 2 of the Amendment
to MPO Staff Services Agreement should read as follows: Interim Collier MPO Executive Director.
(Commissioner Taylor's request)
Item 16E5 Recommendation to waive competition for Wesco Turf as a sole source vendor to exceed
$50.000 spending limit for Fleet Management parts /service • Fiscal Year expenditures will not exceed
$100,000 without Board approval. (Staff s request)
Item 16176 Recommendation to award RFQ 15 -6433 Production of the Tourism Guide to Miles Media
Group. LLLP and authorize the Chairman to execute the County Attorney approved contract and make
a finding that this action promotes tourism • Advisory Board Recommendation has been added: The
Tourist Development Council recommended approval (5 -1) of this item at the June 22, 2015 meeting.
(Staffs request)
6/23/2015 8:47 AM
6/23/2015 17.E.
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to the Collier County Purchasing Ordinance
(Ordinance Number 2013 -69).
OBJECTIVE: To approve an Amendment to the Collier County Purchasing Ordinance.
CONSIDERATIONS: On June 9, 2015, Agenda Item 11 G; the Board of County
Commissioners approved the advertisement of a future public hearing to consider an
amendment to the Collier County Purchasing Ordinance (Ordinance Number 2013 -69).
That advertisement was published in the Naples Daily News on Wednesday, June 10, 2015.
Staff recommends that the Board of County Commissioners approve the attached proposed
Amendment to Ordinance Number 2013 -69 with the added recommendation that was not reflected
on the June 9, 2015 (Item 11 G):
SECTION TWO: Section Five of the Purchasine Ordinance (and 2015 Ordinance): Modify all
references from Purchasing, Purchasing Department and Purchasing Director to Procurement,
Procurement Services Division and Procurement Services Director.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this action.
LEGAL IMPACT: This item is approved as to form and legality, and requires majority vote for
Board approval. —SRT
RECOMMENDATION: That the Board of County Commissioners approves the attached
amendment to the Collier County Purchasing Ordinance (Ordinance Number 2013 -69).
Prepared by: Leo E. Ochs, Jr., County Manager
Attachments:
• Amendment to Purchasing Ordinance
• Purchasing Ordinance
• Advertisement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.E.
6/23/2015 17.E.
Item Summary: Recommendation to approve an Amendment to the Collier County
Purchasing Ordinance (Ordinance Number 2013 -69).
Meeting Date: 6/23/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
6/16/2015 10:44:14 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
6/16/2015 10:44:15 AM
Approved By
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2015 11:26:35 AM
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ORDINANCE NO. 2015 -
AN ORDINANCE AMENDING ORDINANCE 2013 -69, KNOWN AS THE
COLLIER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY
AMENDING SECTION THREE, APPLICABILITY; SECTION FIVE,
ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING
DIRECTOR; SECTION SEVEN, PURCHASES IN GENERAL, SECTION
EIGHT, INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000
BUT NOT GREATER THAN $50,000); SECTION FIFTEEN, PROCEDURE
TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY
CONTRACTS; SECTION SIXTEEN, PAYMENT OF INVOICES; SECTION
EIGHTEEN, STANDARDIZATION, COOPERATIVE PURCHASING
AGREEMENTS AND GOVERNMENT CONTRACTS; SECTION
NINETEEN, CONTRACT ADMINISTRATION; SECTION TWENTY -
SEVEN, PURCHASING CARD PROGRAM; AND LASTLY PROVIDING
FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF
LAWS ANI) ORDINANCES, AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (the Board) desires to seek the
maximum value t-or the County by procuring the best value in obtaining commodities and
contractual services; and
WHEREAS, to better effectuate this desire, on December 10`", 2013, the Board adopted
Ordinance No. 2013 -69, known as the Collier County Purchasing Ordinance; and
WHEREAS, issues have arisen with respect to the County Manager's authority to enter
into agreements or purchases under $50,000, and the County Commission desires to clarify that
the County Manager and the Procurement Services Director, and their designees, have had, and
will continue to have, the authority to enter into such agreements; and
WHEREAS, the Board of County Commissioners hereby makes a formal legislative
finding that power to make purchases and enter into agreements and contracts under $50,000
are administrative and ministerial and promote the efficient administration of County
government, and that having the County Manager and Procurement Services Director make
purchases and enter into contracts under $50,000 is in the best interest of the County and secure
the maximum efficiency for the benefit of the public; and
WHEREAS, the Board of County Commissioners seek additional changes to the
Purchasing Ordinance to increase efficiency and ease of administration; and
WHEREAS, in keeping with the above, the Board of County Commissioners wishes to
amend this Ordinance as follows.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Collier County Purchasing Ordinance is hereby amended as follows:
Words Underlined are added; Words StFuek -T feagh are deleted.
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SECTION ONE: Section Three of the Purchasing Ordinance is hereby amended as follows:
SECTION THREE: Applicability and Approved Thresholds.
(a) This Purchasing Ordinance applies to the procurement of goods and services by the
County after the effective date of this Purchasing Ordinance. This Purchasing Ordinance shall
apply to all expenditures of public funds by the Board of County Commissioners for public
purchasing, irrespective of the source of the funds. Nothing in this section shall prevent the
County from complying with the terms and conditions of any grant, gift or bequest that is
otherwise consistent with law.
(b) Nothing contained herein shall be construed as requiring Collier County's
Constitutional Officers (Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of
elections, and Tax Collector) or the Collier County Metropolitan Planning Organization to be
covered by the provisions of this Purchasing Ordinance. However, the services of the Collier
County Purchasing Department and Purchasing Director may be made available for consultation.
(c) The Board of County Commissioners hereby delegates the Countv Manager and
Procurement Services Director or designees the authority to make purchases and enter into
contracts for purchases or awards in an amount not to exceed $50.000.
(d) Following formal action taken by the Board of Countv Commissioners on purchases
greater than the formal competitive threshold the Board delegates to the Countv Manager or
designee the authority to carry out the administrative and ministerial actions necessary to
effectuate the Board's action including but not limited to the subsequent issuance of Work or
Purchase Orders.
SECTION TWO: Section Five of the Purchasing Ordinance is hereby amended as follows:
SECTION FIVE: Establishment of Procurement Services
Division and p""� Procurement Services Director.
1. There is hereby established the Collier County n,,.., haling Depai4 = = =ent Procurement
Services Division, which shall be a distinct administrative department under the direction of the
Countv Manager.
2. The Pufehasing Procurement Services Director of the Purchasing Department shall
have the authority to negotiate all purchases for all Agencies except as required by State,
Federal or Local Law. In keeping with Chapter 125, Florida Statutes, this Purchasing
Ordinance grants to the Paste Procurement Services Director only those powers and duties
which are administrative and ministerial in nature and does not delegate any governmental
power imbued in the Board of County Commissioners as the governing body of the County
pursuant to Fla. Const. Art. VIII, § I(e). To this end, the below specifically enumerated powers
are to be construed as administrative and ministerial in nature, for the purpose of carrying out
the Board's directives and policies. The Procurement Services Director may delegate to one or
more Purchasing Services Division employees any and all aspects of the authority vested in the
Procurement Services Director.
Words Underlined are added, Words StRiek Through are deleted.
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3. Any reference throughout this Ordinance to Purchasing Ordinance shall be amended
and revised to Procurement Ordinance the Purchasing Department to Procurement Services
_Division, the Purchasing Director shall be amended and revised to refer to the Procurement
Services Director, and to the Purchasing_ Manual shall be amended and revised to the
Procurement Manual.
SECTION THREE: Section Seven of the Purchasing Ordinance, Purchases in General. is
hereby deleted in its entirety and replaced with the following:
SECTION SEVEN: Small Purchases (Purchases $3.000 or less).
A purchase shall not be artificially divided or split so as to qualify under this or any other
section of this Purchasing Ordinance. All small purchases will generally be processed using a
regular purchase order, or, a purchasing card in accordance with Section 27 of this Purchasing
Ordinance.
Operating Division staff should make all reasonable efforts to purchase goods and
services under Board approved contracts In the event a contract is not available staff will
procure the highest quality items or services at the least expense to the County after approval by
the Procurement Services Director. Only the Board's Procurement Services staff may issue a
qualification based solicitation.
SECTION FOUR: Section Eight of the Purchasing Ordinance, Purchases under $-50-000, is
hereby deleted in its entirety and replaced with the following:
FIG11T: Informal Competition ( Purchases FyC.eedi:1f7 S',.000 but Not
Greater 7 -han S -50.000).
A purchase shall not be artificially divided or split so as to qualify u:iiler this or aim'
ether section of this Purchasing Ordinance Operating Division staff should make all
reasonable efforts to purchase rroods and services under Board approved contracts In the event
a contract is not available. or staff demonstrates that the price tinder contract exceeds the price
on a non - contract. staff will procure the hiLhest quality items or services at the least expense to
the County by using tlfe Iollc���in�� informal cmm�ctiticm process
A. Purchases exceedim,, S3.000 but not ureat,:r than S�0 000 may be solicited by quotation
as 6611o�ys:
1. Minimum Number Quotes: Open market purchases or sales in excess of $3.000
but not Greater than $50.000 shall be based on a i2ood faith effort under direction
of the Procurement Services Division to obtain at least three (3) competitive
quotes. Awards shall be made to the lowest qualified and responsive quote in
accordance with the standards set forth in this Purchasing Ordinance
2 Solicitation of Quotes: Open market sale or price quotes may be solicited in
writiny- or electronically using available bidders' and supplier lists and must be
tendered or confirmed in writinia or electronically by the vendor prior to purchase
Words Underlined are added; Words Stfuek Th"^"s-k are deleted.
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Onlv the Board's Procurement Services staff may issue a qualification based
solicitation. Quote information will be reviewed and approved by the
Procurement Services Director.
3. Public Record: The Procurement Services Director shall maintain records of all
open market quotes according to public records law. Such records shall be open
for public inspection after an award has been made.
B The requirements for requesting quotes from three (3) or more sources may be waived by
the Procurement Services Director to the extent authorized by law for:
Purchase of library books, education and /or personnel tests, similar_ audio visual
materials, periodicals. and printed library cards.
2. Professional services. and in instances where commodities or services are
purchased directly from the owner of a copyright or patent, a governmental
agency. a recognized educational institution, or when there are no other
identifiable sources available.
3. Purchases that the Procurement Services Director has determined to be legitimate
sole or single source purchases.
4. Valid public emereencies or other exigent instances deemed by the County
Manager pursuant to Section 25.
5 Purchase of services from experts or consultants by or through the Office of the
County Attornev for purposes of preparing for or defendinL, against imminent or
pending civil litigation or administrative proceedinus.
SECTION FIVE: Section Fifteen: Procedure to Provide Preference to Local Businesses in
County Contracts is hereby amended to add the following:
(2) (c) Should a tie bid occur between a non -local bidder and a local bidder, the County
shall award the contract to the local bidder. Should a tie occur between two local
bidders the County will "flip a coin" between the two lowest bidders. The coin toss
winner will be awarded the contract upon approval by the Board of' County
Commissioners.
SECTION SIX: Section Sixteen of the Purchasing Ordinance, Payment of Invoices, is hereby
amended as follows:
A. Agencies under the purview of the Board of County Commissioners shall be in
compliance with Fla. Stat. Sec. 218.70, otherwise known as the "Local Government Prompt
Payment Act." Pursuant to this, the requirements of this section shall apply to the following
transactions:
The purchase of commodities and services;
Words Underlined are added; Words Sm,ueli -T =reugn are deleted.
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The purchase or lease of personal property;
The lease of real property.
B. The County Manager shall establish and maintain procedures that authorize minor
payment variances between the purchase order and invoice where warranted. The authority to
pay such variances shall not exceed 5% of the purchase order amount or $500 whichever is less
The County Manager- shall establish and maintain a pfeeess that authorizes the payment a
ffeight and delivery elfiafges that are net speeifieally identified en the pufehase efElef ef less than
X08
C. B The County Manager shall establish and maintain a process that authorizes the payment
o_f_fre4,)ht and delivery charges that are not specifically identified on the purchase order of less
than $500.
D. C—. It shall be the responsibility of the County Manager, in consultation with the Clerk's
Finance Director and operating Divisions, to establish, procedures for the timely payment of all
transactions as defined under subsection 16.A. Such procedures shall include, but are not limited
to the following:
Formally defining the County's requirements for the content and submission of a
proper invoice, codifying the County's payment requirements and notifying each
vendor of their availability.
2. Steps required for the receipt of all invoices and the prompt return of improper
invoices.
3. Steps required for the resolution of payment disputes between the County and a
vendor.
E. D-: Each December, the Procurement Services Pufehasing Director and the Clerk of the
Courts shall submit a report to the Board listing the number and total dollar amount of interest
penalty payments made during the preceding fiscal year pursuant to n S-4a4ate 219.
F. Prior to payment the Board shall approve all expenditures with a finding that such
expenditures serve a valid public purpose.
SECTION SEVEN: Paragraph A of Section Eighteen of the Purchasing, Ordinance is hereby
amended by adding the following clause:
SECTION EIGHTEEN: Standardization, Cooperative Purchasing Agreements and
Governmental Contracts
A. Where standardization is determined to be desirable by the Board of County
Commissioners or included in the Purchasing Manual, the purchase of commodities may be
made by negotiation with the approval of the purchase by the Board in accordance with Section
Words Underlined are added; Words Stfuck T�T-�g are deleted.
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9• or if under the Formal Competitive Threshold with approval of the purchase by the
Procurement Services Director.
SECTION EIGHT: Section Nineteen of the Purchasing Ordinance is hereby amended as
follows:
SECTION NINETEEN: Contract Administration.
A. Contract Document: Every procurement of contractual services or commodities shall be
evidenced by a written document containing all provisions and conditions of the procurement.
Said document shall include, but not be limited to:
1. A listing of the scope of services to be performed or commodities to be
purchased.
2. A provision specifying the criteria and the final date, or number of days, by which
such criteria must be met for completion of the work.
3. A provision specifying the terms of cancellation by the County and where
applicable, a provision specifying the terms of renewal.
4. Where applicable, a provision establishing the appropriate types and levels of
insurance to be carried by the vendor. Said provision shall be employed in a
manner consistent with minimum insurance standards approved by the Board of
County Commissioners.
5. A provision requiring the contractor /vendor to inform the County if he /she has
been convicted of a public entity crime subsequent to July 1, 1989.
A purchase order that embodies these provisions shall be sufficient documentation of the
procurement. Except as otherwise provided in this Purchasing Ordinance, the p. „-Z
Procurement Services Director shall determine the circumstances under which a Board approved
purchase order (and all documents included by reference) shall serve as the contract document.
B. Contract Manager: Every procurement of services shall be administered by the
requesting Agency/Department.
Words Underlined are added: Words Str-uek Through are deleted.
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•
Words Underlined are added: Words Str-uek Through are deleted.
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C. Contracts: Notices that terminate in its entirety a Board - approved purchase or contract
must be approved by the Board of County Commissioners prior to its termination
1. Modifications to Work Orders Change Orders and Amendments issued under a purchase
order or contract that exceed ten (10 %) of the current Board approved aggregate amount
or twentv percent (20 %) of the current Board approved number of days: must be
approved by the Board.
2. Modifications to Work Orders, Change Orders. and Amendments issued under a purchase
order or contract that do not exceed ten (10 %) of the current Board approved aggregate
amount. or twenty percent (20 %) of the current Board approved number of days. be
reported on the Procurement Services Administrative Ratification Report and presented
to the Board for approval.
Modifications to Board approved purchases or contracts by the issuances of the
following. but not limited to direct material purchases notices to proceed or non-
compliance, stop work notices. authorization for the use of approved allowances and re-
allocation of funds between line items. supplemental agreements, and changes by letter
may be authorized and executed by the Procurement Services Director without further
approval by the Board.
4. All material changes in scope of contracts must be approved by the Board in advance
Sections one (1) through three (3) shall not be applicable to term contracts or blanket
purchase orders where the Countv desires to procure commodities and /or services on an
as needed basis without having to obligate itself to a total contract amount Rather such
purchases shall be based on fixed unit prices or other predetermined pricing methods and
shall be limited in quantity by the amount of funds appropriated in the budget of the
operating Division(s). Such purchases shall be subject to all other provisions of this
Purchasing Ordinance.
Words Underlined are added; Words StFuck—T4reuggh are deleted.
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C. Contracts: Notices that terminate in its entirety a Board - approved purchase or contract
must be approved by the Board of County Commissioners prior to its termination
1. Modifications to Work Orders Change Orders and Amendments issued under a purchase
order or contract that exceed ten (10 %) of the current Board approved aggregate amount
or twentv percent (20 %) of the current Board approved number of days: must be
approved by the Board.
2. Modifications to Work Orders, Change Orders. and Amendments issued under a purchase
order or contract that do not exceed ten (10 %) of the current Board approved aggregate
amount. or twenty percent (20 %) of the current Board approved number of days. be
reported on the Procurement Services Administrative Ratification Report and presented
to the Board for approval.
Modifications to Board approved purchases or contracts by the issuances of the
following. but not limited to direct material purchases notices to proceed or non-
compliance, stop work notices. authorization for the use of approved allowances and re-
allocation of funds between line items. supplemental agreements, and changes by letter
may be authorized and executed by the Procurement Services Director without further
approval by the Board.
4. All material changes in scope of contracts must be approved by the Board in advance
Sections one (1) through three (3) shall not be applicable to term contracts or blanket
purchase orders where the Countv desires to procure commodities and /or services on an
as needed basis without having to obligate itself to a total contract amount Rather such
purchases shall be based on fixed unit prices or other predetermined pricing methods and
shall be limited in quantity by the amount of funds appropriated in the budget of the
operating Division(s). Such purchases shall be subject to all other provisions of this
Purchasing Ordinance.
Words Underlined are added; Words StFuck—T4reuggh are deleted.
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The Board shall have broad authority. within the limits of the law. to evaluate and approve any
recommended contract modification without reauirina further competition.
D. Contract Extension: Extension(s) of a Board - approved contract for commodities or
non - construction services may be requested by the contract manager to the Pure asing
Procurement Services Director in writing for a period not to exceed six (6) months
(cumulatively) and shall be subject to the same terms and conditions set forth in the contract, if
the extension period is provided for in the Board approved contract. The Purehasing
Procurement Services Director shall have the authority to authorize and execute all such
extensions, which must be issued prior to the expiration of the contract. Any extension(s) that
exceed six months (cumulatively) shall be approved by the Board of County Commissioners.
E. Contract Renewal: The Ong Procurement Services Director shall authorize and
execute renewals of contracts for commodities and/or services subject to the following
conditions:
That the Contractor has performed in a satisfactory manner and that the
Pur- b Procurement Services Director has received a request to renew from
the Contractor or Project Manager verifying the Contractor's satisfactory
performance.
2. That the Board - approved contract pursuant to Section 9 Formal Competitive
Threshold, provided for a renewal and is renewed subject to the terms and
conditions set forth in the initial contract. Cost and term modifications are
addressed in the original solicitation document and /or resultant contract.
3. That the renewal is done for a set period of time identified in the solicitation
document and/or contract, commencing at the end of the contract period.
4. That a contract under the formal competitive threshold with multiple renewal vear
option terms may be annually by the Procurement Services Director.
Proposed renewals that fail to meet one or more of the conditions set forth herein will require the
approval of the Board of County Commissioners.
F. Contract Approval: All contracts for commodities and services exceediniz Section Nine:
Formal Competitive Threshold shall be authorized by the Board of County Commissioners.
Once approved. subsequent purchase orders referencing those Board approved contracts may be
issued by the Procurement Services Director.
Contracts below Section Nine: Formal Competitive Threshold shall be subject to the review and
approval by the County Attornev staff and sianed by the Procurement Services Director.
Purchase orders may be issued by the Procurement Services Director.
G. Work Orders: The Ong Procurement Services Director may execute any work
order if the work order is equal to or below such Board approval parameters for work orders as
Words Underlined are added; Words Struck -Tough are deleted.
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are set forth in the Board approved term contract for services under which the work order is
generated.
Work orders must be in sufficient detail to audit according to the approved contract.
H. Consent to Assignments of Contract: For all Board approved contracts, the Board of
County Commissioners shall approve all assignments of contracts requested by the predecessor
contracting party.
Authoritv Limitation and Delegation: Promulgation of Procedures:
The Purehasing Procurement Services Director may delegate to one or more Procurement
Services Division employees any or all aspects of the authority vested in the Pur- chasing
Procurement Services Director.
All authority to execute documents that is vested pursuant to this Section 19 in the Pur-ehasing
Procurement Services Director or any other person shall be subject to the limits of any applicable
federal, state or other law.
J. Pavments to Contractors, Vendors and Consultants:
Prior to the execution of a formal contract subject to this Procurement Ordinance, the Pufohasing
Procurement Services Director shall establish a formal payment schedule and payment terms
within the agreement. Such terms and conditions shall be consistent with the requirements of all
applicable laws and the formal solicitation documents.
In accordance with Fla. Stat. Sec. 218.735(8), the u„ Procurement Services Director
may establish, subject to Board approval, procedures to reduce to 5% the amount of retainage
withheld from each subsequent progress payment issued to a contractor where applicable. The
Pufe#asing Procurement Services Director may establish, in writing, a schedule(s) to further
reduce the percentage of cumulative retainage held throughout the course of the project schedule
where warranted and according to law. Recommendation to reduce the percentage of cumulative
retainage shall be subject to the following:
That the term " cumulative retainage" is defined to —can "the dollar total o4 ti,e
funds retained from all payments issued under the contract divided by the gross
dollar total of all monthly pay requests (or the total of all payment amounts
deemed allowable by the project manager, whichever is less)."
2. That any decision to reduce retainage shall be formally communicated in a letter
to the Contractor's representative and that the letter affirmatively states that the
Contractor has performed the contract work in a satisfactory manner.
3. That the cumulative retainage not be adjusted until at least 50% of the work has
been completed and payment has been issued.
Words Underlined are added; Words Sw eh Through are deleted.
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4. That the Pur- ehasing Procurement Services Director's letter expressly sets forth
the percentage of cumulative retainage to be held for the remaining pay requests.
The Pufehasing Procurement Services Director may authorize the partial release or
payment of contract retainage to the contractor prior to final completion of all project work
provided that:
The contractor has performed in a satisfactory manner to date as verified in
writing by the Project Manager.
2. The total aggregate work under the agreement is at least 50% completed and
accepted (i.e.; payments equaling at least 50% of the contract amount less
retainage have been issued).
3. The retainage dollar amount to be released is based upon and consistent with the
prevailing percentage of cumulative retainage being held at the time that the
retainage is released.
SECTION NINE: Section Twenty -Seven of the Purchasing Ordinance, is hereby amended as
follows:
SECTION TWENTY - SEVEN: Purchasing Card Program.
The Pub Procurement Services Director shall be responsible for the overall
management and operation of the County's purchasing card program in conformance with the
Collier County, Administrative Practices and Procedures Manual. For the purpose of this
Purchasing Ordinance, a purchasing card is a credit card officially assigned to specific
employees under the purview of the Board of County Commissioners' agency for the purpose of
transacting small and /or strategic purchases. The At Procurement Services Director shall
be authorized to assign cards to employees for these purchases. The D,,.� �ehasin Procurement
Services Director shall be responsible for establishing the following dollar limits for each
assigned card:
DSales T Co !;--rice• Pursuant to Section ?'1 21.08(6).. n.S. "County purchases transacted with
. ax mn , arsua,l �+11V1 ....1 L t . �
vendors within the State of Florida are exempt from the State sales and use tax. In such
instances it is the responsibility of the cardholder to provide the vendor with the appropriate tax
exemption information when the card is presented to the vendor. In the event that the cardholder
fails to provide the vendor with the appropriate tax exemption information when the card is
presented the cardholder may be responsible for payment of the tax.
It is the position of the Board that it is not cost effective or in the public interest to require a
cardholder to seek a credit for sales tax collected when the total sale does not exceed $300. In the
event that the total sale exceeds 5300, the cardholder's Director is responsible to ensure the tax is
returned to the County for the purchase.
Words Underlined are added; Words moo' Tea are deleted.
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In all such instances the Procurement Services Director shall ensure that the purchase has been
approved subject to all other provisions of this nolicv. All fixed assets purchased using a
purchasing card shall be properiv reported to the Fixed Assets Section of the Clerk of Courts
Finance Division so that it can be properly recorded.
SECTION TEN: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION ELEVEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION TWELVE: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of June, 2015.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk
dry
!�l�l�rc�ved a o i- 6-ii --a- Z legality:
?elire .� ;Klatzkow, County Attorney
F
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ma
TIM NANCE, CHAIRMAN
Words Underlined are added; Words Stns '� Tip are deleted.
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ORDINANCE NO. 2015 -
AN ORDINANCE AMENDING ORDINANCE 2013 -69, KNOWN AS THE COLLIER
COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION
THREE, APPLICABILITY; SECTION FIVE, ESTABLISHMENT OF PURCHASING
DEPARTMENT AND PURCHASING DIRECTOR; SECTION SEVEN, PURCHASES IN
GENERAL, SECTION EIGHT, INFORMAL COMPETITION (PURCHASES
EXCEEDING 53,000 BUT NOT GREATER THAN $50,000); SECTION FIFTEEN,
PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY
CONTRACTS; SECTION SIXTEEN, PAYMENT OF INVOICES; SECTION EIGHTEEN,
STANDARDIZATION, COOPERATIVE PURCHASING AGREEMENTS AND
GOVERNMENT CONTRACTS; SECTION NINETEEN, CONTRACT
ADMINISTRATION; SECTION TWENTY- SEVEN, PURCHASING CARD PROGRAM;
AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO
THE CODE OF LAWS AND ORDINANCES, AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (the Board) desires to seek the maximum
value for the County by procuring the best value in obtaining commodities and contractual services;
and
WHEREAS, to better effectuate this desire, on December 10th, 2013, the Board adopted
Ordinance No. 2013 -69, known as the Collier County Procurement Ordinance; and
WHEREAS, issues have arisen with respect to the County Manager's authority to enter
into agreements or purchases under $50,000, and the County Commission desires to clarify that the
County Manager and the Procurement Services Director, and their designees, have had, and will
continue to have, the authority to enter into such agreements; and
WHEREAS, the Board of County Commissioners hereby makes a formal legislative
finding that power to make purchases and enter into agreements and contracts under $50,000 are
administrative and ministerial and promote the efficient administration of County government, and
that having the County Manager and Procurement Services Director make purchases and enter into
contracts under $50,000 is in the best interest of the County and secure the maximum efficiency for
the benefit of the public; and
WHEREAS, the Board of County Commissioners seek additional changes to the
Procurement Ordinance to increase efficiency and ease of administration; and
WHEREAS, in keeping with the above, the Board of County Commissioners wishes to
amend this Ordinance as follows.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation.
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This Ordinance shall be known and may be cited as the "Collier County Procurement
Ordinance" or "Procurement Ordinance."
SECTION TWO: Purpose.
The purpose of this Procurement Ordinance is to codify and formalize Collier County's
Procurement Policy, to provide for the fair and equitable treatment of all persons involved in public
purchasing by the County, to maximize the purchasing value of public funds in procurement, and to
provide safeguards for maintaining a procurement system of quality and integrity. Any provision of
this Ordinance in conflict with statute is null and void as to the conflict.
SECTION THREE: Applicability and Approved Thresholds
(a) This Procurement Ordinance applies to the procurement of goods and services by the
County after the effective date of this Procurement Ordinance. This Procurement Ordinance shall
apply to all expenditures of public funds by the Board of County Commissioners for public
purchasing, irrespective of the source of the funds. Nothing in this section shall prevent the County
from complying with the terms and conditions of any grant, gift or bequest that is otherwise
consistent with law.
(b) Nothing contained herein shall be construed as requiring Collier County's Constitutional
Officers (Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of Elections, and Tax
Collector), Court Administration, State Attorney, Public Defender or the Collier County
Metropolitan Planning Organization non- county funds to be covered by the provisions of this
Procurement Ordinance. However, the services of the Collier County Procurement Division and
Procurement Services Director may be made available for consultation.
(c) The Board of County Commissioners hereby delegates the County Manager and
Procurement Services Director or designees, the authority to make purchases and enter into contracts
for purchases or awards in an amount not to exceed $50,000.
(d) Following formal action taken by the Board of County Commissioners on purchases
greater than the fonnal competitive threshold, the Board delegates to the County Manager or
designee the authority to carry out the administrative and ministerial actions necessary to effectuate
the Board's action, including but not limited to the subsequent issuance of Work or Purchase Orders.
SECTION FOUR: Definitions.
Agency shall mean all departments, divisions, units and offices under the Board of County
Commissioners, including the Collier County Redevelopment Agencies, the Collier County Airport
Authority, Collier County Water Sewer District and all divisions under the auspices of the County
Manager.
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Change Order shall mean a written order by a project manager, approved by the Procurement
Services Director and the Board of County Commissioners, directing the contractor to change a
contract's amount, requirements, or time. All changes must be within the original scope of the
contract and in accordance with the Board approved contract's changes clause or, if no such clause is
set forth within the agreement, in accordance with this Procurement Ordinance.
Consultant / Contractor /Supplier / Vendor shall mean a provider of goods or services to the
County agency. These terms may be used interchangeably.
Continuing Contract shall mean a contract for professional services with no time limitation
except that the contract must include a termination clause. Continuing contracts must contain
sufficient details of goods and services to be procured for proper audit.
County shall mean Collier County.
County Manager shall mean the County Manager or County Administrator of Collier
County, or designee, as defined in the County Administration Law of 1974, Ch. 125, Part III, Florida
Statutes.
Disadvantaged Business Enterprise shall mean a small business concern certified by the
Department of Transportation to be owned and controlled by socially and economically
disadvantaged individuals as defined by the Surface Transportation and Unifonn Relocation Act of
1987.
Extension shall mean an increase in the time allowed for the contract period due to
circumstances which make performance impracticable or impossible, or which prevent a new
contract from being executed. An extension must be in writing, and may not change the contract's
amount or requirements unless provided for in the original solicitation, contract, or as otherwise
stated in this Ordinance.
Fixed Term Contract is one in which the purchase of commodities or services are available
for use Countywide by all agencies as deemed necessary in instances where it is impracticable to
establish definitive quantities, ordering schedules, or the details of the specific work to be performed
in advance of establishing the contracts(s). Typically, the term and fee schedules are fixed for a
period of time. These contracts are often implemented by purchase orders or work orders and may
be awarded to multiple firms.
Invitation to Bid shall mean a written or electronic solicitation for sealed competitive 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 will be distributed to registered bidders simultaneously.
The invitation to bid shall be 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.
Invitation to Negotiate shall mean a written or electronically posted solicitation for
competitive sealed replies to select one or more vendors with which to commence negotiations
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before the procurement of commodities or contractual services. The invitation to negotiate is a
solicitation used by an agency which is intended to determine the best method for achieving a
specific goal or solving a particular problem and identifies one or more responsive vendors with
which the agency may negotiate in order to receive the best value.
Lowest responsive bid shall mean a bid submitted by the apparent lowest, qualified and
responsive bidder whose bid response meets the needs of the County, as set forth in the invitation to
bid.
Minority business enterprise shall have the same definition as set forth in Florida Statutes
Sec. 288.703, as amended from time -to -time, which presently means any small business concern as
defined below which is organized to engage in commercial transactions, which is domiciled in
Florida, and which is at least 51- percent -owned by minority persons who are members of an insular
group that is of a particular racial, ethnic, or gender makeup or national origin, which has been
subjected historically to disparate treatment due to identification in and with that group resulting in
an underrepresentation of commercial enterprises under the group's control, and whose management
and daily operations are controlled by such persons. For purposes of this definition, "small
business" means an independently owned and operated business concern that employs 200 or fewer
permanent full -time employees and that, together with its affiliates, has a net worth of not more than
$5 million or any firm based in this state which has a Small Business Administration 8(a)
certification. As applicable to sole proprietorships, the $5 million net worth requirement shall
include both personal and business investments.
Purchase or procurement shall rnean the acquisition of goods or services.
Purchasing Card shall mean a credit card officially assigned to specific employees under the
purview of the Board of County Commissioners for the purpose of transacting small and /or strategic
purchases.
Purchase Order shall mean a contract which encumbers appropriated funds and which is
directed to a single vendor to furnish or deliver commodities or services to the County.
Procurement Services Director is the Procurement Services Division Director of Collier
County.
Procurement Manual shall mean the Board of County Commissioners' adopted
administrative procedures for implementing this Procurement Ordinance.
Procurement Policy or Policies shall mean the procurement practices and procedures
outlined in this Procurement Ordinance.
Qualified proposer shall mean a proposer who has the capability to perform the services
outlined in the request for proposal, and has the integrity and reliability which will assure good faith
performance.
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Renen;al shall mean contracting with the same contractor for an additional contract term,
only if pursuant to contract terns specifically providing for such renewal and prior to the expiration
of the prior term.
Request for Proposal shall mean a written or electronic solicitation for sealed proposals with
the title, date, and hour of the submission deadline designated. A request for proposal includes, but is
not limited to, general information, applicable laws and rules, functional or general specifications,
statement of work, proposals instructions, and evaluation criteria. An agency shall use a request for
proposals when the purposes and uses for which the commodity, group of commodities, or
contractual service being sought can be specifically defined and the agency is capable of identifying
necessary deliverables. Various combinations or versions of commodities or contractual services
may be proposed by a responsive vendor to meet the specifications of the solicitation document.
Responsive bidder or proposer shall mean a person or entity that has submitted a bid or
proposal which confor-rns in all material respects to the invitation to bid, request for proposals, or
other methods of formal solicitation.
Single source refers to situations in which only one vendor is chosen to provide the goods or
services because of its specialized or unique characteristics.
Sole source is when there is only one vendor capable of providing a good or service.
Standardization shall mean the adoption or selection of a common commodity
(commodities), service(s), or a system(s) to be used by one or more County agencies to promote the
cost - effective delivery of services.
Woman Business Enterprise shall have the same definition as Minority business enterprise,
excepting that the small business concern is at least 51- percent -owned by a woman or women.
Work Order is a contract instrument issued under the terms and conditions of an approved
continuing or fixed term agreement, which authorizes a contractor or consultant to perform a specific
task within the broader scope of the master agreement. Nothing in the work order shall conflict with
the terms and conditions of the fixed tern contract, and all work done must fall within the scope and
tern of the underlying agreement.
SECTION FIVE: Establishment of Procurement Services Division and Procurement
Services Director.
I . There is hereby established the Collier County Procurement Services Division, which shall
be a distinct administrative department under the direction of the County Manager.
2. The Procurement Services Director of the Procurement Services Division shall have the
authority to negotiate all purchases for all Agencies except as required by State, Federal or Local
Law. In keeping with Chapter 125, Florida Statutes, this Procurement Ordinance grants to the
Procurement Services Director only those powers and duties which are administrative and
ministerial in nature and does not delegate any governmental power imbued in the Board of County
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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 and
ministerial in nature, for the purpose of carrying out the Board's directives and policies. The
Procurement Services Director may delegate to one or more Procurement Services Division
employees any and all aspects of the authority vested in the Procurement Services Director.
3. Any reference throughout this Ordinance to the Purchasing Director shall be amended
and revised to refer to the Procurement Services Director and to the Purchasing Manual shall be
amended and revised to the Procurement Manual.
SECTION SIX: Duties of Procurement Services Division.
Within the constructs of this Ordinance, the Procurement Services Division shall be
responsible for:
Seeking Maximum Value: Acting to procure for the County the highest quality
commodities and contractual services at least expense to the County.
2. Encouraging competition: Endeavoring to obtain as full and open competition as
possible on all purchases, services and sales.
3. Procurement Analysis: Keeping informed of current developments in the field of
purchasing, prices, market conditions and new products, and securing for the County the
benefits of research conducted in the field of purchasing by other governmental
jurisdictions, national technical societies, trade associations having national recognition, and
by private business and organizations.
4. Procurement Manual: Preparing and recommending for adoption by the Board of
County Commissioners administrative procedures for the Agency known as a Procurement
Manual for the implementation of this Procurement Ordinance. In keeping with Ord. No.
2004 -66, such procedures shall be made part of the Collier County Administrative Code,
with all adoptions, amendments, additions, revisions, or modifications made by resolution
of the Board. The Procurement Manual shall be maintained and published on -line for the
benefit of the public.
5. Forms: Prescribing and maintaining such forms to implement this Procurement
Ordinance and Procurement Manual.
6. Non - Contract Purchases: Reviewing non - contract purchases under $50,000 to
determine if an aggregated contract approach may provide value and offer pricing
advantages to the County.
7. Tax Exemption: Procuring items for the County to exercise its tax exemption status
when eligible.
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8. Suspension and Debarment of Vendors: Overseeing and facilitating the suspension
and /or debarment of vendors as set forth below.
9. Inquiry and Control: Full authority to:
a. Question the quality, quantity, and kinds of items requisitioned in order that the best
interests of the County are served;
b. Ensure the timely, proper and orderly acquisition of services to the various operating
divisions;
c. Ensure purchases are consistent with the Procurement Ordinance,
d. Determine if specific purchases should be approved by the Board prior to the
purchase; and,
e. Delegate Procurement Services Director authority granted by this Procurement
Ordinance in whole or in part to Procurement Service Division staff members.
SECTION SEVEN: Small Purchases (Purchases $3,000 or less).
A purchase shall not be artificially divided or split so as to qualify under this or any other
section of this Procurement Ordinance. All small purchases will generally be processed using a
regular purchase order, or, a purchasing card in accordance with Section 27 of this
ProcurmentOrdinance.
Operating Division staff should make all reasonable efforts to purchase goods and services
under Board approved contracts. In the event a contract is not available, staff will procure the
highest quality items or services at the least expense to the County after approval by the
Procurement Services Director. Only the Board's Procurement Services staff may issue a
qualification based solicitation.
SECTION EIGHT: Infonnal Competition (Purchases Exceeding $3,000 but Not Greater Than
$50,000).
A purchase shall not be artificially divided or split so as to qualify under this or any other
section of this Procurement Ordinance. Operating Division staff should make all reasonable efforts
to purchase goods and services under Board approved contracts. In the event a contract is not
available, or staff demonstrates that the price under contract exceeds the price on a non - contract,
staff will procure the highest quality items or services at the least expense to the County by using the
following informal competition process:
A. Purchases exceeding $3,000 but not greater than $50,000 may be solicited by quotation as
follows:
1. Minimum Number Quotes: Open market purchases or sales in excess of $3,000 but not
greater than $50,000 shall be based on a good faith effort under direction of the
Procurement Services Division to obtain at least three (3) competitive quotes. Awards
shall be made to the lowest, qualified and responsive quote in accordance with the
standards set forth in this Procurement Ordinance.
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2. Solicitation of Quotes: Open market sale or price quotes may be solicited in writing or
electronically using available bidders' and supplier lists and must be tendered or
confirmed in writing or electronically by the vendor prior to purchase. Only the Board's
Procurement Services staff may issue a qualification based solicitation. Quote
information will be reviewed and approved by the Procurement Services Director.
3. Public Record: The Procurement Services Director shall maintain records of all open
market quotes according to public records law. Such records shall be open for public
inspection after an award has been made.
B. The requirements for requesting quotes from three (3) or more sources may be waived by the
Procurement Services Director to the extent authorized by law for:
1. Purchase of library books, education and /or personnel tests, similar audio visual
materials, periodicals, and printed library cards.
2. Professional services; and, in instances where commodities or services are purchased
directly from the owner of a copyright or patent, a governmental agency, a recognized
educational institution, or when there are no other identifiable sources available.
3. Purchases that the Procurement Services Director has determined to be legitimate sole
or single source purchases.
4. Valid public emergencies or other exigent instances deemed by the County Manager
pursuant to Section 25.
5. Purchase of services from experts or consultants by or through the Office of the
County Attorney for purposes of preparing for or defending against imminent or
pending civil litigation or administrative proceedings.
SECTION NINE: Formal Competitive Threshold (Purchases in Excess of $50,000).
A It is the intent of the Board of County Commissioners to establish an amount of fifty
thousand dollars ($50,000) as the County's threshold for formal competitive purchases. All such
purchases shall be accomplished by competitive sealed bid, by competitive selection and negotiation
(per Section 11) or by competitive proposals (per Section 12). Award of contracts shall be made by
the Board to the lowest, qualified responsive bidder except where otherwise provided for in this
Procurement Ordinance or unless an exception is granted by the Board. Bid limits for requirements
utilizing federal or state funds will be those required by said agency granting the funds or the
County's requirements, whichever is more restrictive.
All formal competition shall be procured under the supervision of the Procurement Services
Director.
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B. The requirement for formal competition may be waived by the Board of County
Commissioners where permitted by law, under the following circumstances:
Purchase of library books, education and /or personnel tests, similar audio visual
materials, periodicals, printed library cards, or other statutorily authorized exceptions.
2. Sole source purchases or single source purchases (pursuant to subsection D).
3. Valid public emergencies (pursuant to Section 25).
4. Where it is detennined to be in the best interests of the County to do so.
C. All purchases subject to formal competition shall be awarded by the Board of County
Commissioners.
D. Exemption For Single Source Commodities: Purchases of commodities and services from a
single source may be exempted by the Board of County Commissioners from formal competition
upon certification by the Procurement Services Director of one the following conditions:
I. The item(s) is the only one available that can properly perform the intended
function(s);
2. The recommended vendor /contractor is the only one ready, willing and able to meet
the County's requirements; or
3. The requested exemption is in the County's best interest.
E. Use of Past Perfonnance Data: In order to promote the quality delivery of commodities and
services, County divisions shall record and consider the past performance of vendors in the award of
contracts exceeding the competitive threshold. This objective shall be accomplished as follows:
The Procurement Services Division shall be responsible for each of the following:
a. Developing, implementing and maintaining administrative procedures,
instructions and technologies necessary to collect past vendor performance
data.
b. Ensuring that relevant past performance data is properly gathered and
considered prior to award of subsequent contracts.
2. Operating divisions shall be responsible for each of the following:
a. Conducting periodic performance evaluations of vendors under contract with
the County pursuant to the procedures established in subsection 9.E.Ia.
b. Considering the past performance of vendors during the evaluation of bids and
proposals pursuant to the procedures established in subsection 9.E.1 b.
F. Bidders and proposers competing for a prospective award (and their agents /representatives)
will not be permitted to publicly or privately address the Board or individual Board members
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regarding a prospective purchase prior to the time of award unless requested to do so by the
Procurement Services Director or by a majority vote of the Board.
SECTION TEN: Competitive Bid Process.
A. Notice Invitina Bids:
Announcement: Notice inviting bids shall be publicly posted by the Procurement
Services Division in a consistent public location at least ten (10) days proceeding the
last day established for the receipt of bid proposals. Specific projects or grants may
require longer posting periods, in those instances the specific requirements would be
used. Bids may be solicited and /or received in one or more steps as permitted by law
and deemed appropriate by the Procurement Services Director.
2. Scope of Notice: The public notice required shall include a general description of the
commodities /services to be purchased or sold, the bid instructions and specifications,
and the time and place for opening bids.
3. Bidders' List: The Procurement Services Director shall also solicit sealed bids from
qualified prospective vendors /contractors who have registered their names on the
Collier County Procurement Services Division vendor database, which will
electronically send them a notice of the proposed purchase or sale. Notices sent to the
vendors /contractors on the Collier County Procurement Services Division vendor
database shall be limited to commodities or services that are similar in character and
ordinarily handled by the trade group to which the notices are sent.
Vendors /contractors are responsible for maintaining their company information
profiles in the database to ensure proper notifications are received.
Vendors /contractors may be suspended from the database by the Procurement
Services Director for continual non - response to formal solicitations and violations of
the Procurement Ordinance. The Procurement Services Director may continue to
issue formal solicitations and accept formal bids, proposals and other tenders using
paper where appropriate.
4. Bid Deposits: When deemed necessary by the Procurement Services Director, bid
deposits shall be prescribed in the public bid notices. Said deposits shall be in the
amount equal to five percent of the bid offer submitted unless a greater amount is
required. The Procurement Services Director shall have the authority to return the
deposits of all bidders upon award and approval of the contract by the Board of
County Commissioners. A successful bidder shall forfeit any deposit required by the
Procurement Services Director upon failure on the vendor's part to enter into a
contract within ten (10) working days after written notice of award.
5. Bid Addenda: An addendum to a specification shall be defined as an addition or
change in the already prepared specifications for which an invitation has been issued
for formal quotations or an announcement has been posted for a formal sealed bid.
Any addendum to a request for formal sealed bids shall be approved by the
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Procurement Services Director. The addendum shall clearly point out any addition or
change to the invitation for bids. The Procurement Services Division shall be
responsible for assuring that addenda are available on the on -line bidding website and
that all prospective bidders who have downloaded specifications are notified of the
addendum prior to opening of bids.
B. Procedure for Bids:
Sealed Bids: Sealed bids shall be submitted manually or electronically to the
Procurement Services Director.
2. Opening: Bids shall be opened publicly at the time and place stated in the public
notices and shall be opened and witnessed by the Procurement Services Division.
3. Tabulation: A tabulation of all bids received shall be made either electronically or
manually by the Procurement Services Division—and shall be available for public
inspection pursuant to Fla. Stat. Sec. 119.07.
C. Tie Bids: Where there are low tie bids, the award process shall first be subject to Fla. Stat.
Sec. 287.087. In the event that all of the tied bidders comply with Fla. Stat. Sec. 287.087, the
Procurement Services Division shall detennine if any of the bidders would be considered a local
business as defined under Section 15 of this Procurement Ordinance. If one (and only one) of the
bidders is determined to be a local business, then award of contract shall be made to that bidder. In
the event that two or more local bidders are tied thereafter, award of contract shall be made in
accordance with Section 15 (2)(b) of this Procurement Ordinance.
D. Rejection of Bids and Negotiation:
The Board of County Commissioners shall have the authority to reject any and all
bids.
2. Subsequent to applying the procedures set forth under Section 15(2) (b) (where
applicable), if the lowest, responsive bid exceeds the budgeted amount and, if the
purchase is not funded in whole or in part with interagency grant dollars, the
Procurement Services Director may negotiate changes with the apparent lowest
qualified and responsive bidder that will bring prices into budgeted limits subject to
the final approval and acceptance of the Board. If the budgeted amount includes
grant funds, the Procurement Services Director shall be authorized to conduct such
negotiations provided said actions are not prohibited by law or the grant conditions.
3. If no bid is received, the Board of County Commissioners may authorize the
Procurement Services Director to purchase by negotiation under conditions most
favorable to the public interest and when said purchase will result in the lowest
ultimate cost of the commodities or services obtained.
E. Waiver of Irregularities: The Board of County Commissioners shall have the authority to
waive any and all irregularities in any and all formal bids within lawful guidelines.
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F. Award of Contract: The Chair or Vice Chair in the Chair's absence, when authorized by
majority vote of the Board, shall execute formal contracts having a binding effect upon the County.
A formal contract shall be awarded by the Board of County Commissioners to the lowest, qualified
responsive bidder. In addition to price the following may be considered:
The ability, capacity and skill of the bidder to perform the contract.
2. The ability of the bidder to perform the contract within the time required or the least
time, if appropriate, without delay or interference.
3. The experience and efficiency of the bidder.
4. The quality and perfonnance of previous contracts awarded to the bidder.
5. The previous and existing compliance by the bidder with laws and ordinances relating
to the proposed contract.
6. The quality, availability and adaptability of the commodities or contractual services to
the particular use required.
7. The ability of the bidder to provide future maintenance and service (where
applicable).
8. Prior litigation or administrative proceedings against the County where the bidder or
the bidder's principal was a party.
9. Prior litigation or administrative proceedings involving the bidder or bidder's
principal.
All recommendations for award for contracts will be reviewed and approved by the
Procurement Services Director prior to presentation to the Board of County Commissioners.
SECTION ELEVEN: Procurement of Professional Services.
A. Consultants' Competitive Negotiation Act.
1. Contracts for professional architectural, engineering, landscape architectural or
surveying and mapping services shall be procured in accordance with Fla. Stat. §287.055,
referred to as the Consultants' Competitive Negotiation Act (CCNA).
2. Continuing contract. The County is authorized to enter into a continuing contract for
CCNA services in accordance with the CCNA, whereby the firn1 provides professional
services to the County for projects in which construction costs do not exceed $2,000,000, for
study activity if the fee for each individual study under the contract does not exceed
$200,000; or for work of a specified nature as outlined in the contract required by the
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County, with the contract being for a fixed teen or with no time limitation, except that the
contract must provide a termination clause.
3. Ranking of firms. The County, through the competitive proposal process, shall make a
finding that the firm or individual to be employed is duly qualified to render the required
service. The evaluation committee shall review statements of qualifications and performance
data submitted in response to the public solicitation and shall select, in order of preference,
no fewer than three fines deemed to be the most highly qualified, if at least three firms
respond to the solicitation. If less than three firms respond, and after meeting due diligence, it
is decided by the Procurement Services Director that every effort was made to comply with
CCNA requirements, the County will conduct discussions with, and may require public
presentations by, the responding firms regarding their qualifications, approach to the project
and ability to furnish the required services.
4. Evaluation criteria. Pursuant to the CCNA, the evaluation criteria for ranking shall
include factors such as: ability of firm and its professional personnel; firm experience with
projects of a similar size and type; firm's willingness and ability to meet the schedule and
budget requirements; volume of work previously awarded by the county; effect of the firms
recent/current and projected workload; minority business status; location; past performance
and when required, the public presentation. For continuing contracts, ranking and award shall
be based on the criteria identified in the RFP document. For non - continuing contracts or
project specific contracts, public presentation may be required.
5. Public presentation. The evaluation criteria for public presentation shall include
factors such as the fire's understanding of the project, ability to provide required services
within the schedule and budget, qualifications and approach to the project.
6. Contract negotiations. The ranking of firms for all CCNA contracts shall be
presented to the Board of County Commissioners for consideration and approval. Upon
Board approval of firm rankings, staff shall negotiate a contract with the most qualified firm
(number one ranked firm) for professional services for compensation which is deemed to be
fair and reasonable. Detailed discussions must be held by the firm and the County to establish
the scope of the project and the exact services to be performed by the firm. Should the
County and the fire fail to agree upon the terns of an acceptable contract, negotiations with
the top firm shall be terminated and negotiations with the second ranked firm shall
commence. If again unsuccessful, the process is repeated with the next ranked firm. This
process is continued until a mutually agreeable contract is concluded or the project is
abandoned, or the procurement process is otherwise terminated.
B. Other Professional Services. Because differences in price may only be a minor concern
compared to qualitative considerations, professional services that fall outside the scope of the CCNA
except as otherwise provided by law and outlined below, may be exempted by the Procurement
Services Director from the competitive bidding process. Instead, professional services will be
typically acquired through one of the following methods:
I. Competitive Selection and Negotiation as set forth immediately above, or
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2. Competitive Proposals (pursuant to Section 12).
3. In addition to the definition set forth in the CCNA, a professional service shall be
defined as assistance obtained in support of County operations from an independent
contractor in one or more of the following professional fields:
a. Appraisal Services - real and personal property appraisers.
b. Audit and Accounting Services - auditors and accountants (excepting the
selection of the annual auditor which shall be conducted as per Section 11.45,
F. S.).
c. Consultants - planning, management, technological or scientific advisors.
d. Financial Services - bond counsel, rating and underwriting, financial advisor,
and investment services.
e. Legal Services - attorneys and legal professionals.
f. Medical Services - medicine, psychiatry, dental, hospital, and other health
professionals.
4. Final selection of the professional service provider (award of contract) shall be made
by the Board of County Commissioners.
5. Requests for outside legal services will be consistent with both this Procurement
Ordinance and the County Attorney's Ordinance (Ord. No. 2013 -34). The retention of
services from experts or consultants for purposes of preparing for or defending
against imminent or pending litigation or administrative proceedings shall be exempt
from all competitive requirements of this Procurement Ordinance, and must first be
approved by the Board.
SECTION TWELVE: Competitive Proposals.
A. The Competitive Proposals process is a method of contract selection that may be utilized by
the Procurement Services Director under circumstances where one or more of the following
conditions exist:
Where qualitative considerations are of equal or greater concern than pricing
considerations.
2. Where the conditions of the purchase do not lend themselves to the formal sealed bid
process or the award of a firm, fixed fee contract.
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3. Where the County is incapable of specifically defining the scope of work for which
the commodity(s) or service(s) is required and where the vendor is asked to propose a
commodity(s) or service(s) to meet the needs of the County.
4. Where the County desires to enter into a single contract for the design and
construction of a public construction project(s).
B. For purchases in excess of the formal competitive threshold and where appropriate or
required by law, the competitive solicitation process will be utilized. The process will be conducted
in a manner similar to the sealed bid process as set forth under Section 10 except where otherwise
stated in this section. The competitive proposals process shall proceed as follows:
1. A Request for Proposals (RFP) will be prepared and distributed. Notice of said
request(s) shall be publicly posted by the Procurement Services Division at least 21
calendar days preceding the last day established for the receipt of proposals.
2. Each Request for Proposals shall identify the evaluation procedures and criteria to be
applied to the selection of the best proposal among the respondents. Each RFP
pertaining to the award of a design/build contract(s) shall be subject to the
requirements of Fla. Stat. Sec. 287.055 and section thirteen below.
3. Prior to the announcement and distribution of the RFP, a selection committee shall be
appointed by the County Manager to evaluate the proposals received.
4. Proposals may be solicited and /or received in one or more steps as permitted by law
and deemed appropriate by the Procurement Services Director. Unless otherwise
prohibited by law, the Procurement Services Director shall have the discretion to
solicit and conduct simultaneous or concurrent negotiations with one or more firms.
SECTION THIRTEEN: Procurement of Design -Build Contracts.
A. Procurements for the design and construction of public construction projects may be obtained
through a single contract with a design -build finn selected in a manner permitted under Fla. Stat.
Sec. 287.055 and the procedures set forth in this section.
B. Upon completion of the Design Criteria Package, procurements of Design/Build services
shall be processed in a manner consistent with Section 12 hereof entitled "Competitive Proposals."
C. The Board of County Commissioners may declare a public emergency, where appropriate
and authorize the using Agency to negotiate an agreement for Board approval with the best qualified
design -build firm available at that time.
SECTION FOURTEEN: Small and Disadvantaged Minority and Women Business
Enterprises.
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A. Policy Statement: Collier County stands committed to providing equal opportunities to small
businesses and disadvantaged business enterprises (DBE), minority business enterprises (MBEs) and
women business enterprises (WBEs) as well as to all vendors, consultants, contractors and
subcontractors who seek to do business with the County.
Pursuant to this policy, Collier County encourages its vendors, consultants, contractors and
subcontractors to provide qualified small businesses and DBE's with an equal opportunity to
participate in the formal competitive processes for the procurement of commodities and services by
the County.
The Policy is not intended to require or to allow partiality toward or discrimination against any small
business or DBE, MBE, WBE, or any other vendor, consultant, contractor or subcontractor on the
basis of gender, race or national origin, or other such factors, but rather to create an opportunity for
small businesses and DBEs, MBEs, WBEs, and all qualified vendors, consultants, contractors and
subcontractors to participate in the County's formal competitive processes. Nothing in this Policy
shall be construed to provide for or require any preference or set -aside based on gender, race,
national origin or any other such factor.
B. Implementing Measures: In an effort to implement this policy, the County may undertake
the following measures:
Designate the Procurement Services Director to administer this policy.
2. Utilize outreach programs to identify, register and educate small businesses and
DBEs, MBEs and WBEs to participate in the procurement /contract process which
may include:
a. Attending trade fairs which include representatives from these enterprises.
b. Attending meetings and social events wherein these enterprises are present.
C. Utilizing publications aimed at reaching these enterprises.
d. Utilizing Purchasing Directories and other reference sources that list these
enterprises.
e. Publicizing this Policy to encourage these enterprises to participate in the
County's procurement process.
f. Other actions designed to identify opportunities for these enterprises who seek
to provide commodities and services to the County.
3. Maintain a list of these enterprises.
4. Disseminate information regarding competitive opportunities with the County in
order to allow qualified small businesses and DBEs, MBEs and WBEs to participate
in the County's procurement process.
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C. Conformity with Applicable Law: The provisions of this section shall be construed in
conformity with applicable state and federal law. To the extent that state law conflicts with federal
law, federal law shall supersede such state law.
SECTION FIFTEEN: Procedure to Provide Preference to Local Businesses in County
Contracts.
Except where otherwise provided by federal or state law or other funding source restrictions or as
otherwise set forth in this Procurement Ordinance, purchases of commodities and services shall
give preference to local businesses in the following manner:
(1) "Local Business " defined
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business
within Collier County, and that identifies the business with a permanent physical business
address located within the limits of Collier County from which the vendor's staff operates
and performs business in an area zoned for the conduct of such business. A Post Office Box
or a facility that receives mail, or a non- pennanent structure such as a construction trailer,
storage shed, or other non - permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and well-
being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to
the County's tax base, and residency of employees and principals of the business within
Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business"
under this section. A vendor who misrepresents the Local Preference status of its firm in a
proposal or bid submitted to the County will lose the privilege to claim Local Preference
status for a period of up to one year.
(2) Preference in purchase of commodities and services 1 y means of competitive bid, request
for proposals, qualifications or other submittals and competitive negotiation and
selection. Under any such applicable solicitation, bidders /proposers desiring to receive
local preference will be invited and required to affinnatively state and provide
documentation as set forth in the solicitation in support of their status as a local business.
Any bidder /proposer who fails to submit sufficient documentation with their bid /proposal
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to
the contrary, Collier County and its agencies and instrumentalities, will give preference to
local businesses in the following manner:
(a) Competitive bid (local price match option). Each fornal competitive bid solicitation
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
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price bid, and the bid submitted by one or more qualified and responsive local
businesses is within ten percent of the price submitted by the non -local business, then
the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall
have the opportunity to submit an offer to match the price(s), less one (l ) dollar, offered
by the overall lowest, qualified and responsive bidder. 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 Procurement Services Division shall detennine if the
lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to
businesses with drug -free workplace programs). If the lowest local bidder meets the
requirements of Fla. Stat. Sec. 287.087, the Procurement Services Division shall invite
the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5)
business days thereafter. If the lowest local bidder submits an offer that fully matches
the lowest bid, less one (1) dollar, from the lowest non -local bidder tendered
previously, then award shall be made to the local bidder. If the lowest local bidder
declines or is unable to match the lowest non -local bid price(s), then award will be
made to the lowest overall qualified and responsive bidder. If the lowest local bidder
does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non -local
bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
(b) Request for proposals, qualifications or other submittals and competitive negotiation
and selection. For all purchases of commodities and services procured through the
Competitive Proposals (Section 12) or Competitive Selection and Negotiation (Section
l 1) methods not otherwise exempt from this local preference section, the RFP
solicitation shall include a weighted criterion for local preference that equals 10 percent
of the total points in the evaluation criteria published in the solicitation. Purchases of
professional services as defined and identified under subsection 1113.2 (which are
subject to Section 287.055, F.S.) and subsection 1113.3 (which are subject to Section
11.45, F.S.) shall not be subject to this local preference section.
(c) Should a tie bid occur between a non -local bidder and a local bidder, the County shall
award the contract to the local bidder. Should a tie occur between two local bidders, the
County will "flip a coin" between the two lowest bidders. The coin toss winner will be
awarded the contract upon approval by the Board of County Commissioners.
(3) Waiver of the application of local preference. The application of Local Preference to a
particular purchase or contract may be waived upon approval of the Board of County
Commissioners.
(4) Comparison of qualifications. The preferences established herein in no way prohibit the right of
the Board of County Commissioners to compare quality of materials proposed for purchase
and compare qualifications, character, responsibility and fitness of all persons, firms or
corporations submitting bids or proposals. Further, the preferences established herein in no way
prohibit the right of the County Commission from giving any other preference permitted by
law instead of the preferences granted herein.
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(5) Reciprocity. In the event Lee County, or any other Florida county or municipality ( "local
government ") deemed appropriate by the Collier County Board of Commissioners, extends
preferences to local businesses, Collier County may enter into an interlocal agreement with
such local government wherein the preferences of this section may be extended and made
available to vendors that have a valid occupational license issued by that specific local
government to do business in that local government that authorizes the vendor to provide the
commodities and services to be purchased, and a physical business address located within the
limits of that local government. Post Office Boxes are not verifiable and shall not be used for
the purpose of establishing said physical address. In addition to the foregoing, a vendor shall
not be considered a "local business" unless it contributes to the economic development and
well -being of the said local government whichever is applicable, in a verifiable and measurable
way. This may include, but not be limited to, the retention and expansion of employment
opportunities, the support and increase to that local government's tax base, and residency of
employees and principals of the business located within the limits of that local government.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting
their bid or proposal to be eligible for consideration as a "local business" under this section. In
no event shall the amount of the preference accorded other local government fines exceed the
amount of preference that such local government extends to Collier County fines competing
for its contracts.
(6) Purview and administration of this Local Preference Policy. This policy shall apply to all
divisions and units under the direct purview of the Board of County Commissioners. For
purchases of $50,000 or less, the Procurement Services Division shall systematically encourage
divisions to include local vendors when soliciting quotations in accordance with this policy.
SECTION SIXTEEN: Payment of Invoices.
A. Agencies under the purview of the Board of County Commissioners shall be in compliance
with Fla. Stat. Sec. 218.70, otherwise known as the "Local Government Prompt Payment Act."
Pursuant to this, the requirements of this section shall apply to the following transactions:
The purchase of commodities and services;
2. The purchase or lease of personal property;
3. The lease of real property.
B. The County Manager shall establish and maintain procedures that authorize minor payment
variances between the purchase order and invoice where warranted. The authority to pay such
variances shall not exceed 5% of the purchase order amount or $500, whichever is less.
C. The County Manager shall establish and maintain a process that authorizes the payment of
freight and delivery charges that are not specifically identified on the purchase order of less than
$500.
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D. It shall be the responsibility of the County Manager, in consultation with the Clerk's Finance
Director and operating divisions, to establish procedures for the timely payment of all transactions as
defined under subsection 16.A hereof. Such procedures shall include, but are not limited to the
following:
Formally defining the County's requirements for the content and submission of a
proper invoice, codifying the County's payment requirements and notifying each
vendor of their availability.
2. Steps required for the receipt of all invoices and the prompt return of improper
invoices.
3. Steps required for the resolution of payment disputes between the County and a
vendor.
E. Each December, the Procurement Services Director and the Clerk of the Courts Finance
Director shall submit a report to the Board listing the number and total dollar amount of interest
penalty payments made during the preceding fiscal year.
F. Prior to payment, the Board shall approve all expenditures with a finding that such expenditures
serve a valid public purpose.
SECTION SEVENTEEN: Advanced Payments for Goods and Services.
Procedures for the pre - payment of goods and services with County funds including, but not
limited to, dues and membership, insurance, maintenance agreements, subscriptions, travel
arrangements, postage, and other purchases as prescribed by the Department of Financial Services
through their Administrative Rules. As provided for in Fla. Stat. Sec. 28.235, the Clerk of the
Circuit Court is authorized to make advanced payments on behalf of the County for goods and
services based on those established procedures.
SECTION EIGHTEEN: Standardization, Cooperative Purchasing Organizations and
Governmental Contracts
A. Where standardization is determined to be desirable by the Board of County Commissioners
or included in the Procurement Manual, the purchase of commodities may be made by negotiation
with the approval of the purchase by the Board in accordance with Section 9; or if under the Formal
Competitive Threshold, with approval of the purchase by the Procurement Services Director.
B. Annually, the Board of County Commissioners will approve a list of authorized purchasing
cooperative organizations and governmental schedules and contracts. The Procurement Services
Director may approve purchases using these approved cooperative organizations, agreements and
contracts with no further action required by the Board providing that funds have been budgeted for
these specific purposes.
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Additionally, the Procurement Services Director may join other public agencies in cooperative
purchasing organizations and /or agreements if is determined to be in the County's best interest, and
if the consortium agreement has not had prior Board approval. The use of any new cooperative
agreement must be approved by the Board prior to the use of the agreement.
SECTION NINETEEN: Contract Administration.
A. Contract Document: Every procurement of contractual services or commodities shall be
evidenced by a written document containing all provisions and conditions of the procurement. Said
document shall include, but not be limited to:
A listing of the scope of services to be performed or commodities to be purchased.
2. A provision specifying the criteria and the final date, or number of days, by which
such criteria must be met for completion of the work.
3. A provision specifying the terms of cancellation by the County and where applicable,
a provision specifying the terms of renewal.
4. Where applicable, a provision establishing the appropriate types and levels of
insurance to be carried by the vendor. Said provision shall be employed in a manner
consistent with minimum insurance standards approved by the Board of County
Commissioners.
5. A provision requiring the contractor /vendor to inform the County if he /she has been
convicted of a public entity crime subsequent to July 1, 1989.
A purchase order that embodies these provisions shall be sufficient documentation of the
procurement. Except as otherwise provided in this Procurement Ordinance, the Procurement
Services Director shall determine the circumstances under which a Board approved purchase order
(and all documents included by reference) shall serve as the contract document.
B. Contract Manager: Every procurement of services shall be administered by the requesting
Divisions.
C. Contracts: Notices that tenninate in its entirety a Board - approved purchase or contract must
be approved by the Board of County Commissioners prior to its termination.
1. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase
order or contract that exceed ten (10° /o) of the current Board approved aggregate amount or
twenty percent (20 %) of the current Board approved number of days; must be approved by
the Board.
2. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase
order or contract that do not exceed ten (10 %) of the current Board approved aggregate
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amount, or twenty percent (20 %) of the current Board approved number of days; will be
reported on the Procurement Services Administrative Ratification Report and presented to
the Board for approval.
3. Modifications to Board approved purchases or contracts by the issuances of the following,
but not limited to, direct material purchases, notices to proceed or non - compliance, stop work
notices, authorization for the use of approved allowances and re- allocation of funds between
line items, supplemental agreements, and changes by letter may be authorized and executed
by the Procurement Services Director without further approval by the Board.
4. All material changes in scope of contracts must be approved by the Board in advance.
5. Sections one (1) through three (3) shall not be applicable to tern contracts or blanket
purchase orders where the County desires to procure commodities and /or services on an as
needed basis without having to obligate itself to a total contract amount. Rather, such
purchases shall be based on fixed unit prices or other predetermined pricing methods and
shall be limited in quantity by the amount of funds appropriated in the budget of the
operating Division(s). Such purchases shall be subject to all other provisions of this
Procurement Ordinance.
The Board shall have broad authority, within the limits of the law, to evaluate and approve any
recommended contract modification without requiring further competition.
D. Contract Extension: Extension(s) of a Board - approved contract for commodities or non -
construction services may be requested by the contract manager to the Procurement Services
Director in writing for a period not to exceed six (6) months (cumulatively) and shall be subject to
the same terms and conditions set forth in the contract, if the extension period is provided for in the
Board approved contract. The Procurement Services Director shall have the authority to authorize
and execute all such extensions, which must be issued prior to the expiration of the contract. Any
extension(s) that exceed six months (cumulatively) shall be approved by the Board of County
Commissioners.
E. Contract Renewal: The Procurement Services Director shall authorize and execute renewals
of contracts for commodities and /or services subject to the following conditions:
That the Contractor has performed in a satisfactory manner and that the Procurement
Services Director has received a request to renew from the Contractor or Project
Manager verifying the Contractor's satisfactory perfornance.
2. That the Board - approved contract pursuant to Section 9 Formal Competitive
Threshold, provided for a renewal and is renewed subject to the terns and conditions
set forth in the initial contract. Cost and term modifications are addressed in the
original solicitation document and /or resultant contract.
3. That the renewal is done for a set period of time identified in the solicitation
document and /or contract, commencing at the end of the contract period.
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4. That a contract under the formal competitive threshold with multiple renewal year
option terms may be approved annually by the Procurement Services Director.
Proposed renewals that fail to meet one or more of the conditions set forth herein will require the
approval of the Board of County Commissioners.
F. Contract Approval: All contracts for commodities and services exceeding Section Nine:
Formal Competitive Threshold shall be authorized by the Board of County Commissioners. Once
approved, subsequent purchase orders referencing those Board approved contracts may be issued by
the Procurement Services Director.
Contracts below Section Nine: Formal Competitive Threshold shall be subject to the review and
approval by the County Attorney staff and signed by the Procurement Services Director. Purchase
orders may be issued by the Procurement Services Director.
G. Work Orders: The Procurement Services Director may execute any work order if the work
order is equal to or below such Board approval parameters for work orders as are set forth in the
Board approved term contract for services under which the work order is generated.
Work orders must be in sufficient detail to audit according to the approved contract.
H. Consent to Assignments of Contract: For all Board approved contracts, the Board of County
Commissioners shall approve all assignments of contracts requested by the predecessor contracting
party.
Authoritv Limitation and Deleaation: Promulgation of Procedures:
The Procurement Services Director may delegate to one or more Procurement Services Division
employees any or all aspects of the authority vested in the Procurement Services Director.
All authority to execute documents that is vested pursuant to this Section 19 in the Procurement
Services Director or any other person shall be subject to the limits of any applicable federal, state or
other 1 aw.
J. Pavments to Contractors. Vendors and Consultants:
Prior to the execution of a formal contract subject to this Procurement Ordinance, the Procurement
Services Director shall establish a formal payment schedule and payment terms within the
agreement. Such terms and conditions shall be consistent with the requirements of all applicable
laws and the formal solicitation documents.
In accordance with Fla. Stat. Sec. 218.735(8), the Procurement Services Director may establish,
subject to Board approval, procedures to reduce to 5% the amount of retainage withheld from each
subsequent progress payment issued to a contractor where applicable. The Procurement Services
Director may establish, in writing, a schedule(s) to further reduce the percentage of cumulative
retainage held throughout the course of the project schedule where warranted and according to law.
Recommendation to reduce the percentage of cumulative retainage shall be subject to the following:
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That the term "cumulative retainage" is defined to mean "the dollar total of the funds
retained from all payments issued under the contract divided by the gross dollar total
of all monthly pay requests (or the total of all payment amounts deemed allowable by
the project manager, whichever is less)."
2. That any decision to reduce retainage shall be formally communicated in a letter to
the Contractor's representative and that the letter affirmatively states that the
Contractor has performed the contract work in a satisfactory manner.
3. That the cumulative retainage not be adjusted until at least 50% of the work has been
completed and payment has been issued.
4. That the Procurement Services Director's letter expressly sets forth the percentage of
cumulative retainage to be held for the remaining pay requests.
The Procurement Services Director may authorize the partial release or payment of contract
retainage to the contractor prior to final completion of all project work provided that:
The contractor has performed in a satisfactory manner to date as verified in writing by
the Project Manager.
2. The total aggregate work under the agreement is at least 50% completed and accepted
(i.e.,- payments equaling at least 50% of the contract amount less retainage have been
issued).
3. The retainage dollar amount to be released is based upon and consistent with the
prevailing percentage of cumulative retainage being held at the time that the retainage
is released.
SECTION TWENTY: Performance and Payment Bonds.
A contractor or vendor shall provide a surety bond from a surety company to guarantee full
and faithful performance of a contract obligation and the payment of labor and material expended
pursuant to a contract whenever, and in such amounts, as required by statute or otherwise as deemed
necessary by the Procurement Services Director. An irrevocable letter of credit from a financial
institution operating within the State of Florida (or other alternative forms of surety as permitted
under Florida law) may be sufficient in place of the performance bond if so provided for in the bid
and contract documents. All such bonds or letters of credit shall be approved as to form by the
County Attorney, and held by the Clerk's Board Minutes and Records Department.
SECTION TWENTY -ONE: Unauthorized Purchases.
All purchases made shall be consistent and in compliance with the Procurement Ordinance.
Any purchase or contract made contrary to the provisions hereof and contrary to Florida law shall
not be approved and the County shall not be bound thereby.
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SECTION TWENTY -TWO: Prohibition against Subdivision.
No contract or purchase shall be subdivided to avoid the requirements of this Procurement
Ordinance or of State law.
SECTION TWENTY- THREE: Protest of Bid or Proposal Award.
The purpose of this section is to accommodate legitimate protests concerning formal
competitive invitations to bid or requests for proposals and recommended contract awards above the
formal competitive bid or proposal thresholds prior to award of a contract by the Board of County
Commissioners.
A. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for
Proposal, who has a substantial interest and alleges to be aggrieved in connection with the
solicitation or award of a contract, (hereafter referred to as "the protesting party ") may protest to the
Procurement Services Director, who shall serve as the sole recipient of any and all notices of intent
to protest and all formal protests.
B. With respect to a protest of the terms, conditions and specifications contained in a
solicitation, including any provisions governing the methods for evaluation of bids, proposals or
replies, awarding contracts, reserving rights for further negotiation or modifying or amending any
contract. the protesting parry shall file a notice of intent to protest within three (3) days, excluding
weekends and County holidays, after the first publication, whether by posting or formal
advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the
date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall
contain all of the information required for formal protests of recommended contract awards as set
forth under subsection C. The Procurement Services Director shall render a decision on the formal
protest and detenmine whether postponement of the bid opening or proposal /response closing time is
appropriate. The Procurement Services Director's decision shall be considered final and conclusive
unless the protesting party files an appeal of the Procurement Services Director's decision.
C. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for
Proposal who desires to protest a recommended contract award shall submit a notice of intent to
protest to the Procurement Services Director within two (2) calendar days, excluding weekends and
County holidays, from the date of the initial posting of the recommended award.
D. All formal protests with respect to a recommended contract award shall be submitted in
writing to the Procurement Services Director for a decision. Said protests shall be submitted within
five (5) calendar days, excluding weekends and County holidays, from the date that the notice of
intent to protest is received by the Procurement Services Director, and accompanied by the fee, as
set forth below. The protesting party must have standing as defined by established Florida case law
to maintain a protest.
The formal protest shall contain, but not be limited to the following information:
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Name and address of County Agency affected and the solicitation number and title.
2. The name and address of the protesting party.
3. A statement of disputed issues of material fact. If there are no disputed
material facts, the written letter must so indicate.
4. A concise statement of the ultimate facts alleged and of any relevant rules,
regulations, statutes, and constitutional provisions entitling the protesting party
to relief.
5. The protesting party's entitled demand for the relief.
6. Such other information as the protesting party deems to be material to the issue.
The formal protest shall contain all arguments, facts or data supporting and advancing the
protestor's position. Under no circumstances shall the protestor have the right to amend,
supplement or modify its formal protest after the filing thereof. Nothing herein shall
preclude the County's authority to request additional information from the protesting party
or other bidders or proposers in conjunction with the review and rendering of decisions on
the protest. including any subsequent appeal.
E. In the event of a timely protest of contract award consistent with the requirements of this
section, the Procurement Services Director shall not proceed further with the award of the contract
until all appropriate administrative remedies as delineated under this section have been exhausted or
until the Board of County Commissioners makes a detennination on the record that the award of a
contract without delay is in the best interests of the County. During this process, the protesting party
shall limit their communications with the County to the Office of the County Attorney, and neither
the protesting party, their agents or their representatives shall have any private contact or
discussions with individual County Commissioners, the County Manager, other County employees,
or any independent hearing officer (where applicable) regarding the protest except such
communications as may be required or permitted during a hearing, if applicable, or a meeting of the
County Commission wherein the solicitation or award is to be considered.
F. The Procurement Services Director shall review the merits of each timely protest and in
consultation with the contract manager and other appropriate County staff, issue a decision stating
the reasons for the decision and the protesting party's rights of appeal under this section. Said
decision shall be in writing and mailed or otherwise furnished to the protesting party. The decision
zn
of the Procurement Services Director shall be final and conclusive unless the protesting party
delivers a subsequent written notice of appeal to the Procurement Services Director within two (2)
calendar days, excluding weekends and County holidays from the date of receipt of the decision. In
filing a written objection to the Procurement Services Director's decision, the protestor shall not
introduce new arguments or alter in any other way their protest submission. An appeal of the
Procurement Services Director's decision shall be limited to a review of the grounds set forth in the
formal protest, and no new grounds or arguments will be introduced or considered.
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G. In the event of a subsequent appeal pursuant to subsection F, the County Manager shall
determine whether to appoint an independent Hearing Officer to review the formal protest and the
Procurement Services Director's decision. The Hearing Officer's review shall be limited to the
grounds set forth in the formal protest, and shall be for the purpose of determining whether the
County's intended action is arbitrary, capricious, illegal, dishonest or fraudulent. The protesting
party shall have the burden of proof. The Hearing Officer shall consider the formal protest, the
Procurement Services Director's decision, and supporting documents and evidence presented at the
hearing. In any hearing, irrelevant, immaterial or unduly repetitious evidence shall be excluded. All
other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their
affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts
of Florida. The Hearing Officer may grant the motion of any person having standing under Florida
law to intervene in the proceedings. Persons or parties shall have the right to be represented by
counsel in the proceedings, to call witnesses, and present evidence; provided, however, that the
Hearing Officer shall not have the right to compel attendance of witnesses or to permit or compel
any discovery.
The Hearing Officer will have a maximum of 60 days to schedule and conduct a hearing into the
matter and issue a recommended finding of fact and an opinion in writing to the County Manager or
designee for submission to the Board of County Commissioners. Should the Hearing Officer find in
favor of the County, the protesting party pay, in full, the costs of the Hearing Officer. If the Hearing
Officer's recommended decision is in favor of the protesting party, then the County will assume this
cost.
The County Manager's discretion as to whether to appoint a Hearing Officer shall in no way afford
the protestor the right to demand such an appointment or hearing. The decision of a Hearing Officer
on a protesting parry's appeal shall be submitted to the Board for its consideration as part of a final
award decision. Nothing herein shall be construed as creating a right of judicial review of the
Hearing Officer's decision, nor shall such decision be binding upon the Board. Additionally, nothing
herein shall be construed as limiting the Board's right to reject any and all bids or proposals.
H. Decisions of the Procurement Services Director and Hearing Officer (where applicable) will
be provided to the protestor and other interested parties prior to the award recommendation being
presented to the Board of County Commissioners. Neither the County Manager's decision nor the
Hearing Officer's recommended decision shall be construed as an award recommendation triggering
additional rights of protest pursuant to this policy. Notwithstanding anything set forth herein to the
contrary, the Board of County Commissioners shall retain the authority to make the final award
decision.
1. Failure to file a formal protest within the time and manner prescribed by this policy shall
constitute a waiver of the right to protest by any protesting party as defined by subsection "A" of this
policy.
J. As a condition of filing a formal appeal to the Procurement Services Director's initial
finding, the protesting party shall submit a non - refundable filing fee for the purpose of defraying the
costs of administering the protest. The filing fee shall be submitted with the formal protest. Failure to
pay the filing fee shall result in the denial of the protest. The amount of the filing fee shall be as
follows:
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Estimated Contract Amount
Filing Fee
$250,000 or less
$500
$250,000.01 to $500,000
$1,000
$500.000.01 to $5 million
$3,000
$5 million or more
$5,000
This fee may be modified by Resolution of the Board of County Commissioners.
SECTION TWENTY -FOUR: Contract Claims.
All actual or prospective claims arising against the County from contractors, vendors or any
other party in direct privity with the County to provide goods or services shall first be directly
addressed by the parties' administrative representatives in a manner consistent with the agreement
between the parties and in accordance with the County's procedures Manual.
For any prospective or actual claims or disputes arising under any contract entered into by
the County, the Procurement Services Director must determine the facts of the dispute. All contract
claims should be reported to the County Attorney's Office and Clerk's Finance for proper
documentation and recording and to the Board for determining action.
SECTION TWENTY -FIVE: Exigent Circumstances, Emergency and Board Absence
Purchases.
In case of an exigent circumstance, which is defined as any circumstance requiring
immediate action or attention, a valid public emergency, or during the Board's extended recess
session(s) (all efforts should be made to obtain Board approval prior to anticipated recesses)
whereby a purchase is necessary, the County Manager shall authorize the Procurement Services
Director to secure by open market procedure as herein set forth, any commodities or services. The
County Manager shall have the authority to take actions including, but not limited to the issuance of
contracts, change orders, and /or supplemental agreements. Any action shall be reported at the first
available meeting of the Board of County Commissioners. The County Manager under the same
consultations noted above shall further be authorized to approve payment(s) to vendors at the time of
or shortly after purchase should the circumstances warrant. These payments shall be reported at the
first available meeting of the Board.
This section in no way constrains the provisions of Collier County's Civil Emergency
ordinances or powers and authority pursuant to Fla. Stat. ch. 252. Emergency Management.
SECTION TWENTY -SIX: Inspection and Testing.
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The Procurement Services Director shall inspect, or supervise the inspection of, or cause to
be inspected, all deliveries of commodities or services to determine their conformance with the
specifications set forth in an order or contract.
A. Inspection by Operating Divisions: The Procurement Services Director shall authorize
operating divisions to inspect all deliveries made to such operating divisions under rules and
regulations which the Procurement Services Director shall prescribe.
B. Testing: The Procurement Services Director shall have the authority to require chemical and
physical tests of samples submitted with bids and samples of deliveries which are necessary to
determine their quality and conformance with specifications. In the performance of such tests, the
Procurement Services Director shall have the authority to make use of laboratory facilities of any
Agency of the County or of any contracted outside laboratory.
SECTION TWENTY - SEVEN: Purchasing Card Program.
The Procurement Services Director shall be responsible for the overall management and
operation of the County's purchasing card program in conformance with the Collier County
Administrative Practices and Procedures Manual. For the purpose of this Procurement Ordinance, a
purchasing card is a credit card officially assigned to specific employees under the purview of the
Board of County Commissioners' agency for the purpose of transacting small and /or strategic,
contract, travel related, and other purchases made according to Section Eight. The Procurement
Services Director shall be authorized to assign cards to employees for these purchases. The
Procurement Services Director shall be responsible for establishing the following dollar limits for
each assigned card:
A. Single Transaction Limit: Not to exceed $1,000 per card unless otherwise authorized by the
Procurement Services Director.
B. Monthly Spending Limit: Not to exceed $10,000 per card unless otherwise authorized by the
Procurement Services Director.
C. Strategic Purchases: The Procurement Services Director may utilize (or delegate the
authority to other Agency staff to utilize) a purchasing card to place orders that exceed the limits set
forth under this section in instances where one or more of the following is true:
Where the purchase is to address a valid public emergency; or
2. Where the County will earn revenue through card program rebates; or
3. Where a vendor is requiring the County to order by purchasing card.
D. Sales Tax Compliance: Pursuant to Section 212.08(6), F.S., County purchases transacted with
vendors within the State of Florida are exempt from the State sales and use tax. In such instances, it
is the responsibility of the cardholder to provide the vendor with the appropriate tax exemption
information when the card is presented to the vendor. In the event that the cardholder fails to provide
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the vendor with the appropriate tax exemption infonnation when the card is presented the cardholder
may be responsible for payment of the tax.
It is the position of the Board that it is not cost effective or in the public interest to require a
cardholder to seek a credit for sales tax collected when the total sale does not exceed $300. In the
event that the total sale exceeds $300, the cardholder's Director is responsible to ensure the tax is
returned to the County for the purchase.
In all such instances, the Procurement Services Director shall ensure that the purchase has been
approved subject to all other provisions of this policy. All fixed assets purchased using a purchasing
card shall be properly reported to the Fixed Assets Section of the Clerk of Courts Finance Division
so that it can be properly recorded.
SECTION TWENTY- EIGHT: Conflict of Interest.
When procuring commodities or services using County funds, each entity and employee
under the purview of the Board of County Commissioners shall comply with all applicable state and
federal laws concerning ethics and conflict of interest. For state or federally funded projects, County
entities and employees shall comply with all legal requirements, including the requirements of Part
85, Section 36(b)(3) of the Housing and Urban Development Code.
SECTION TWENTY NINE: Debarment and Suspension.
The County Manager may suspend and /or debar vendors, contractors, consultants and other
interested and affected persons from active participation in obtaining County contracts upon
approval of the Board. The purpose of any such action shall be to protect the County's interests and
the integrity of the County's contracting process. The suspension and debarment processes shall be
considered to be separate from and in addition to the award evaluation and vendor performance
evaluation processes authorized elsewhere in this Procurement Ordinance
A. Definition of Terms: For the purposes of this section, the following terms have been defined
as follows:
Affiliate refers to associated business entities or individuals that control or could
control the contractor or are controlled by the contractor or could be controlled by
the contractor.
?. Civil Jud,-ment refers to a judgment or finding of a civil offense by any court of
competent jurisdiction.
3. Contractor means any individual or legal entity that:
a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is
awarded, or reasonably may be expected to submit offers for or be awarded,
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a County contract for construction or for procurement of commodities and
services, including professional services; or
b. Conducts business, or reasonably may be expected to conduct business, with
the County as an agent, surety, representative or subcontractor of another
contractor.
4. Conviction means a judgment or conviction of a criminal offense, felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a
verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
5. Debarment means action taken by the County to exclude a contractor from County
contracting and County- approved subcontracting for a reasonable, specified period as
provided herein.
6. Preponderance of the Evidence means proof by information that, compared with that
opposing it, leads to the conclusion that the fact at issue is more probably true than
not.
7. Subcontractor: Any individual or legal entity that offers or agrees to provide
commodities or services to a party deemed to be a contractor under this section.
8. Suspension refers to action taken by the Procurement Services Director to temporarily
disqualify a contractor from County contracting or County- approved subcontracting
pending action of the Board.
B. Suspension: The Procurement Services Director shall have the authority to recommend to
the Board the suspension of a contractor, subcontractor or person from consideration for award of
contracts if there appears to be a reasonable basis for debannent as set forth herein. If a suspension
precedes a debarment, the suspension period shall be considered in determining the debarment
period. The suspension period shall not exceed three months without the approval of the County
Manager.
C. Debarment:
1. Causes for Debarment: The prospective causes for debarment include one or more of
the following:
a. Conviction for commission of a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract.
b. Conviction under state or federal law of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other
offense indicating a lack of business integrity or business honesty which
currently.. seriously and directly affects responsibility as a contractor.
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C. Conviction under state or federal antitrust laws arising out of the submission
of bids, proposals or other competitive offers.
d. Violation(s) of County contract(s) provisions, which is (are) deemed to be
serious and to warrant debarment, including the failure, without good cause, to
perform in accordance with the terms, conditions, specifications, scope,
schedule or any other provisions of the contract(s).
e. Refusal to provide bonds, insurance or other required coverage and
certifications thereof within a reasonable time period.
f. Refusal to accept a purchase order, agreement or contract, or perform
accordingly provided such order was issued timely and in conformance with
the solicitation and offer received.
g. Presence of principals or corporate officers in the business of concern, who
were principals within another business at the time when the other business
was suspended or debarred within the last three years under the provisions of
this section.
h. Violation of the ethical standards set forth under applicable state or county
laws.
Debarment of the contractor by another public agency.
j. Any other cause deemed to be so serious and compelling as to materially
affect the qualifications or integrity of the contractor.
2. Procedure:
a. The county division requesting the suspension or debarnient action shall
submit to the Procurement Services Director a written complaint setting forth
the reason(s) for seeking debarment and shall identify a recommended
debarment period.
b. The Procurement Services Director shall review the complaint, verify whether
it is compliant with the provision of this Procurement Ordinance, direct any
appropriate changes and forward the complaint to the contractor.
C. The contractor shall review the complaint and shall provide a written response
(with supporting documentation) to each allegation. The response shall be
provided to the Procurement Services Director within ten (10) business days
of receipt of the notice of allegations. In the event that the contractor fails to
respond to the complaint within the prescribed time period. the complaint, as
forwarded to the contractor, shall become an effective suspension or
debarment decision without further appeal.
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d. In the event that the contractor files a timely and complete response to the
complaint and the suspension or debarment action is based upon a conviction,
judgment or other event(s) where there is no significant dispute over material
facts, the Procurement Services Director shall detennine the period of
recommended suspension or debarment on the basis of the undisputed
material information set forth or referenced in the complaint, the contractor's
reply and the parameters set forth in this section. In the event that the
Contractor objects to the Procurement Services Director's recommendation,
the Contractor shall have a maximum of three business days to file an appeal
of the debarment decision with the Procurement Services Director. The
appeal will be forwarded to and considered by the County Manager, who will
review the record compiled by the initiating division and the contractor.
Should the County Manager overturn the Procurement Services Director's
decision; the County Manager shall formally cite the reasons for doing so.
C. In the event that the contractor files a timely and complete reply to the
complaint and where the facts are in dispute, the Procurement Services
Director will convene a committee (hereinafter referred to as "the committee ")
consisting of at least three individuals who will review the complaint and the
contractor's reply. The County Manager shall formally appoint the
committee, which will generally consist of county employees, none of whom
shall be a member of the division initiating the complaint. At the discretion of
the County Manager, a member from private industry with a particular area of
relevant expertise may be appointed to the committee, provided that this
member is not a direct or indirect competitor of the firm in question. The
Office of the County Attorney shall appoint a representative to attend the
hearing. The representative shall not be considered a voting member of the
committee, but shall be available to provide legal counsel to the committee as
necessary. All members appointed to serve on the debarment committee shall
disclose, to the Procurement Services Director any actual or prospective
conflicts of interest at the time of appointment or at the time in which the
member becomes aware of the actual or prospective conflict.
f. The Procurement Services Director shall chair the committee and serve as the
Procurement Division's representative to the committee. The Procurement
Services Director shall preside over and facilitate the deliberations of the
committee as a non - voting member and serve as the County's liaison to the
Contractor. All voting committee members are prohibited from having any
communication regarding the issue outside the committee deliberations with
any of the parties involved in the specific suspension or debarment or their
representatives until after the committee decision has been issued or, in the
event of an appeal of that decision by the contractor, until the conclusion of
the appeal process. All committee deliberations are subject to Section
2-86.011 Fla. Stat.
g. Where the material facts are in dispute, the committee shall evaluate the
evidence, judge the credibility of witnesses and base its decision upon the
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preponderance of the evidence. Should the contractor fail to appear at the
hearing, the contractor shall be presumed to be unqualified and or non-
responsive and shall be subject to suspension or debarment. The committee
decision shall be by a majority vote of those voting members in attendance.
The committee shall be the sole trier of fact. In the event that the committee
decides to impose suspension or debannent, the decision will formally
include, but not be strictly limited to the following information:
1) The specific reasons for the action;
2) The scope of the suspension or debarment; and
3) The period of suspension or debarment, including the effective and
expiration dates.
The committee's decision shall be issued in writing within 20 business days of
the conclusion of the hearing unless the committee extends this period for
good cause.
h. The Procurement Services Director shall forward the committee's decision to
the contractor and affiliates involved. Should the contractor object to the
committee's decision, the contractor shall have a maximum of three business
days to file an appeal of the decision with the Procurement Services Director.
The appeal will be forwarded to and considered by the County Manager, who
will review the record compiled by the initiating division, the contractor and the
committee. Should the County Manager overturn the committee's decision; the
County Manager shall fonnally cite the reasons for doing so.
Final recommendation for debarment shall be approved by the Board.
3. Debarment Period:
a. The committee shall recommend the period of debannent. The debarment
period shall be commensurate with the severity of the cause(s) and approved
by the Board.
b. The committee (having the same or different composition) may recommend to
the Board a reduction in the debarment period upon a written request from the
contractor to do so, based on one or more of the following reasons:
l) Newly discovered material evidence;
2) A reversal of the conviction, civil judgment or other action upon which
the debarment was based;
3) Bona fide change in ownership or management;
4) Elimination of other causes for which the debarment was imposed; or
5) Other reasons that the committee might deem appropriate.
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The contractor's request shall be submitted to the Procurement Services
Director in writing and shall be based on one or more of the aforementioned
reasons.
C. The decision of the Board regarding a reduction of the debarment period is
final and not subject to appeal.
4. The Effects of Debanment:
a. Debarred contractors are excluded from receiving County contracts.
Divisions shall not solicit offers from, award contracts to, or consent to
subcontractors with debarred contractors, unless the County Manager in
consultation with the Board Chair or Vice -Chair determines that emergency or
single source conditions exist and grants written approval for such actions.
Debarred contractors are excluded from conducting business with the County
as agents, representatives, subcontractors or partners of other contractors.
b. The Procurement Division shall notify all Board divisions of the final
debarment decision and the effects of that decision with regard to conducting
business with the debarred entity(ies) during the debarment period.
5. Continuation of Current Contracts:
a. Division may not renew or otherwise extend the duration of current contracts
with debarred contractors in place at the time of the debarment unless the
Board determines that it is in the best interests of the County to allow the
contractor to continue or finish the work within an additional, limited period
of time.
b. Debarment shall constitute grounds for terminating an open agreernent with a
contractor. However, the contract manager may, with Board approval, permit
completion of an open contract(s) provided that the debarred contractor has
performed in a satisfactory manner to date under the open contract(s) unless
otherwise directed by the Procurement Services Director.
6. Restrictions on Subcontracting:
a. When a debarred contractor is proposed as a subcontractor for any subcontract
subject to County approval, the division shall not consent to subcontracts with
such contractors unless the County Manager in consultation with the Chair or
Vice -Chair determines that emergency or single source conditions exist, thus
justifying such consent and approves such decision.
I
. The County shall not be responsible for any increases in contract costs or
other expenses incurred by a contractor as a result of rejection of proposed
subcontractors pursuant to subsection 6.a provided that the subcontractor was
debarred prior to the submission of the applicable bid or proposal offer.
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7. The Scope of Debarment: Debarment applies to all officers, Directors, Managers,
principals, Procurement Services Directors, partners, qualifiers, divisions or other
organizational elements of the debarred contractor, unless the debannent decision is
limited by its terms to specific divisions, organizational elements or
commodity /services. The committee's decision includes any existing affiliates of the
contractor if they are specifically named and are given written notice of the proposed
debarment and an opportunity to respond. Future affiliates of the contractor are
subject to the pre - existing terms of the committee's decision.
SECTION THIRTY: Waiver of Ordinance.
The Board of County Commissioners shall have the authority to waive any and all
Procurement Ordinance provisions within lawful guidelines and upon formal Board action.
SECTION THIRTY -ONE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THIRTY -TWO: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION THIRTY - THREE: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of June, 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
C
By:
Deputy Clerk TIM NANCE, CHAIRMAN
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Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
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22D 21 \ /Ve'nesday, June l0,.0i5i S2 NAPLES DAILY NEWS
NOTICE OF INTENT TO CONSIDER ORDINANCE ,
Notice is hereby given that on Tuesday, June 23, 2015, in the Boardroom, Third
Floor, Administration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners, will consider
the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE 2013 -69, KNOWN AS THE COLLIER
COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION THREE,
APPLICABILITY; SECTION FIVE, ESTABLISHMENT OF PURCHASING DEPARTMENT
AND PURCHASING DIRECTOR; SECTION SEVEN, PURCHASES IN GENERAL, SECTION
EIGHT, INFORMAL COMPETITION (PURCHASES EXCEEDING 53,000 BUT NOT
GREATER THAN 550,000); SECTION FIFTEEN, PROCEDURE TO PROVIDE
PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS; SECTION SIXTEEN,
PAYMENT OF INVOICES; SECTION EIGHTEEN, STANDARDIZATION, COOPERATIVE
PURCHASING AGREEMENTS AND GOVERNMENT CONTRACTS; SECTION NINETEEN,
CONTRACT ADMINISTRATION; SECTION TWENTY - SEVEN, PURCHASING CARD
PROGRAM; AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY,
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND AN EFFECTIVE DATE.
A Copy of the proposed Ordinance is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. if
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Division, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida
34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
imp 10 ?015 Nn 2484400
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