Agenda 11/12/2013 Item #12A11/12/2013 12.A.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorizes the County
Attorney to advertise and bring back for a future public hearing a Purchasing Ordinance.
OBJECTIVE: To enact a Purchasing Ordinance.
COUNTY ATTORNEY CONSIDERATIONS:
This item is a result of an Executive Summary brought by Commissioner Hiller during
the February 12, 2013 Board meeting. A copy of Commissioner Hiller's Executive Summary
and a transcript of the Board discussion are attached. The Board's direction was for the County
Attorney to work with Staff and the Clerk and bring back a Purchasing Ordinance for the
Board's review and consideration. Numerous meetings and discussions have been held since that
time.
The process was as follows. First, I took the entire current Purchasing Policy and simply
put it into Ordinance form. Accordingly, the great bulk of the Purchasing Ordinance is the
current Purchasing Policy. Thereafter, both staff and members of the Clerk's Office made a
number of changes, the majority of which were agreed to. There remained a number of
substantive changes requested by the Clerk that Staff did not agree to. These issues are noted by
Staff below, as well as in the attachments to this item.
The proposed clean Ordinance that is attached is the Ordinance that I believe is
acceptable to the Clerk. The redline Ordinance is the Ordinance acceptable to Staff.
STAFF COMMENTS: The provisions of the proposed Purchasing Ordinance proffered by the
Clerk of Courts are predicated on the interpretation that a purchase order or p -card transaction
constitutes a negotiated contract and is, therefore, in conflict with Florida Statute 125.74 (m),
which states that part of the County Manager's duties are to negotiate leases, contracts and other
agreement subject to approval of the Board and further that `approval of the Board' precludes
pre- approval by virtue of established policy. It is staff's belief that this strict interpretation
contradicts the spirit of the statute and the purpose established thereby to "place in the hands of a
county administrator the multitude of details which must necessarily arise from the operation of a
county... and enable the Board of County Commissioners to perform freely, without unnecessary
interruption, its fundamental intended purpose of making policies."
Board approved parameters adopted by Ordinance and/or Policy satisfies the need for underlying
approval by the Board of County Commissioners in every other County in the State. Operating
in such a manner permits Counties staff to obtain goods and services in a manner that maximizes
efficiency.
Purchasing staff currently processes and administers approximately 240 formal solicitations
(Bids and RFPs), 200 contracts, 450 work orders, 60 -75 change orders or changes to work orders
and 200 -250 non - standard contracts such as user agreements, maintenance agreements, software
contracts, waste management, museum exhibits, etc. with 17.6 funded FTEs. Implementation of
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11/12/2013 12.A.
the Purchasing Ordinance in its strictest interpretation adds approximately 50% additional
workload and the associated staffing plus prolongs processing time from 1 or 2 days to as much
as 6 weeks per transaction if separate Board action is required.
Issuance of a Purchase Order to a vendor submitting the lowest qualified and responsive quote is
administrative and /or ministerial in nature and does not rise to the level of a "negotiated
contract." Any more restrictive interpretation subjects the County to the additional staffing cost
as well as any costs associated with the resultant delays in the ability of staff to procure supplies,
goods and services needed for the general operation of the County.
Under the Ordinance supported by the Clerk of Courts, all non - standard agreements currently
handled by staff would require Board action, at least 3,000 small purchases ($3,000 and under),
1,000 informal quotes, and 9,000 p -card transactions, and 200 waivers of competition for
purchases under $50,000 would require additional action whether it is validating that a Board
approved cooperative purchase or waiver was in place, validating pricing, or requesting separate
Board action. On average, at least 30 minutes additional work per small transaction and 2 hours
additional work for each informal quote would require 4 -5 additional purchasing employees.
The use of cooperative purchasing as the primary methodology for procuring small dollar
purchases will divert staff from using local vendors, will delay receipt of goods and services,
may result in additional freight and shipping cost, and will still require significant oversight by
the Purchasing Department to review the methods used and validate the pricing for these
purchases. Often, the cost of an item will be eclipsed by the administrative cost of the
transaction. If there is a deviation from current practice (the current Purchasing Policy permits
use of these contracts without further Board action providing that funds have been budgeted) by
placing limits on the use of cooperative purchasing methods either by individual purchase, by
vendor, or by contract additional staff resources of an estimated half full time equivalent will be
required to monitor those limits as well as prepare for Board approval of purchases in excess of
the limits.
As currently supported by the Clerk of Courts, the Ordinance requires Board approval to join
with other government agencies or "piggyback" other agencies' contracts prior to award. As
there is no contract prior to award, this provision effectively prohibits the County from the use of
cooperative purchasing or piggybacking on other agencies' contracts.
Under the revision supported by the Clerk of Courts, all notices and changes or modifications to
contracts or purchase orders (including work orders) must be first approved by the Board before
being executed by the Purchasing Director, eliminating staff's ability to authorize changes and
report, for ratification, these changes within established guidelines. This requirement will
necessitate work stoppages and result in potential additional cost for demobilizing and
remobilizing work crews as staff processes requests for changes, which can take on average 3 — 6
weeks. Staff analyzed one recently completed project and estimates that completion time, had
this new policy been in effect, would have taken a project that was completed in two years as
much as four years to complete.
2
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11/12/2013 12.A.
n The proposed ordinance contains a provision for making purchases under valid public
emergencies and during the Board's extended recess, which requires the County Manager to
obtain approval from the Board Chair or Vice Chair prior to making a purchase. During
discussions with the Clerk of Courts and the Finance Department, this procedure was modified to
also cover exigent circumstances and to permit the County Manager to authorize these purchases
without contacting the Chair or Vice Chair, subject to subsequent ratification of the Board,
however, this language has not been modified to reflect this change.
Requiring advance approval of purchases by the County Manager under exigent circumstances
requires the County Manager to be readily available at all times and for the Purchasing Director
or designee to be on call and ready to make such purchases at any time, day or night. It further
requires that a complicated reporting process be developed and implemented to ensure all such
purchases, the situation leading to them, and the approval and procurement process be captured,
formulated, and reported at every Board meeting. This process will be labor intensive, fraught
with potentials for errors and omissions, and will require hiring an additional half to full time
procurement staff person.
Current practice when disposing of items unsuitable for continued County use is to obtain Board
approval prior to the event and report results to the Board after completing the event. The
ordinance supported by the Clerk of Courts requires approval by the Board prior to completing
the sale. Approval of each individual sale is not practical resulting in a wait of up to 6 weeks
before conveying title and property to purchasers.
It will be nearly impossible to ensure that all employee card holders are aware of open contracts
and cooperative procurement agreements, the specifics of the procurement methodology and the
appropriate pricing and/or discount structure. This provision renders the p -card program useless
for purchases beyond on -line purchases, publications and subscriptions, dues and memberships,
(all of which could only occur after individual authorization of the Board), or travel purposes.
The tracking, validation, and documentation process for these uses will result in at least an
additional half -time employee in the Purchasing Department and a significant amount of
additional staff time in requesting Board approval for these uses.
If these aspects of the policy are adopted by the BCC, Staff requests that the informal solicitation
threshold be returned to $50,000. Failure to do so results in an additional 60 -70 formal
solicitations which would require 1 -2 additional procurement employees.
A side -by -side comparison of the differences in the Ordinance supported by the Clerk of Courts
and the staff supported Ordinance is attached as backup to this item.
STAFF FISCAL IMPACT: Implementing this Ordinance in its strictest interpretation requires
an additional 6 -8 FTE Purchasing/Procurement staff. Fully burdened to include salary, benefits,
recurring equipment and supplies is estimated at $450,000 to $600,000 annually. This does not
include any one -time expenditures such as furniture and office space. This averages to
approximately $40 -$50 per small purchase in additional to any freight/handling charges resulting
from the use of out -of -town vendors on cooperative contracts and the cost of delaying purchases
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11/12/2013 12.A.
pending shipping or awaiting Board approval. Additionally, operating departments would see an
increase in expenditures for the necessary preparation of quotes to be approved by the Board.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: Both proposed Ordinances have been reviewed by the County
Attorney, and both are approved as to both form and legality. Direction to advertise requires
majority vote for approval. —JAK
RECOMMENDATION: That the Board of County Commissioners authorizes the County
Attorney to advertise and bring back for a future public hearing a Purchasing Ordinance.
Prepared by: Jeffrey A. Klatzkow, County Attorney, with Staff Comments and Fiscal Impact
prepared by Len Golden Price.
Attachments: February 12, 2013 Executive Summary, Transcript of Board Discussion.
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11/12/2013 12.A.
10-11k COLLIER COUNTY
Board of County Commissioners
Item Number: 12.12.A.
Item Summary: This item to be heard at 11:00 a.m. Recommendation that the Board of County
Commissioners authorizes the County Attorney to advertise and bring back for a future public hearing a
Purchasing Ordinance.
Meeting Date: 11/12/2013
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
11/4/2013 2:45:06 PM
Submitted by
^ Title: County Attorney
Name: KlatzkowJeff
11/4/2013 2:45:08 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 11/4/2013 4:19:51 PM
Name: GrafCynthia
Title: Applications Analyst,lnformation Technology
Date: 11/4/2013 4:51:38 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/4/2013 4:51:55 PM
Name: OchsLeo
Title: County Manager
Date: 11/4/2013 5:27:39 PM
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11/12/2013 12.A.
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' z\mV� 11/12/2'013 12.A.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners ("Board") direct the County
Attorney and the Clerk of Courts to jointly develop a county Purchasing Ordinance, to
review the proposed Purchasing Ordinance with county staff, and to bring the final draft of
the Purchasing Ordinance to the Board in the first meeting in March, 2013 for approval to
advertise, and for final Board adoption at the second meeting in March, 2013. Ensuring
that all county expenditures approved by the Board "shall" rather than "may" satisfy what
is required by both legal and governmental accounting standards is an obligation, not an
option of the Board.
OBJECTIVE: That the Board of County Commissioners ( "Board'I direct the County Attorney
and the Clerk of Courts to jointly develop a county Purchasing Ordinance, to review the
proposed Purchasing Ordinance with county staf& and to bring the final draft of the Purchasing
Ordinance to the Board in the first meeting in March, 2013 for approval to advertise, and for
final Board adoption at the second meeting in March, 2013. Ensuring that all county
expenditures approved by the Board "shall" rather than "may" satisfy what is required by both
legal and governmental accounting standards is an obligation, not an option of the Board.
CONSIDERATIONS: To avoid legal challenges with respect to county procurement practices,
and to further ensure that the expenditures made by the Board are legally valid so as to allow the
Clerk to make payment, it is necessary that the purchasing policies of the Board be formalized
into an ordinance. Over the years, challenges have been raised ranging from bid protests based
on local preference guidelines, noncompliance with RFP guidelines and conflicts in the selection
processes, to claims that the Board improperly delegated discretionary spending authority, and
that county expenditures approved by the Board were otherwise not legally valid. As such, it is
recommended that the County Attorney and the Clerk of Courts work together to develop a
county Purchasing Ordinance to satisfy both legal and governmental accounting standards to
consider at a minimum that: the expenditures of public funds are made using fair bidding
practices; elimination of conflicts of interest; avoiding the improper delegation of authority from
the Board to staff and from within staffs own ranks; and providing for such other direction to
avoid illegal expenditures from being Board approved. The County Attorney and the Clerk shall
solicit input from staff to ensure that the provisions of the proposed ordinance can by practically
implemented. It is of the utmost importance in the public's best interest that the current
purchasing policies be amended as recommended and codified into law, rather than remain
limited policy direction. Ensuring that all county expenditures approved by the Board "shall"
rather than "may" satisfy what is required by both legal and governmental accounting standards
is an obligation, not an option of the Board.
FISCAL EWPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority support for approval. Although this Office will endeavor in
working with the Clerk and Staff to have a proposed Purchasing Ordinance to the Board at its
first meeting in March, I believe that it is far more likely that this will take additional time. -JAK
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. . .
11/12/2013 12.A.
RECOMMENDATION: That the Board of County Commissioners ( "Board') direct the
County Attorney and the Clerk of Courts to jointly develop a county Purchasing Ordinance, to
review the proposed Purchasing Ordinance with county staff, and to bring the final draft of the
Purchasing Ordinance to the Board in the first meeting in March, 2013 for approval to advertise,
and for final Board adoption at the second meeting in March, 2013. Ensuring that all county
expenditures approved by the Board "shall" rather than "may" satisfy what is required by both
legal and governmental accounting standards is an obligation, not an option of the Board.
PREPARED BY: Commissioner Georgia Hiller, Chair
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11/12/2013 12.A.
February 12, 2013
Item #1 OG
RECOMMENDATION THE BOARD OF COUNTY
COMMISSIONERS ( "BOARD ") DIRECT THE COUNTY
ATTORNEY AND CLERK OF COURTS TO JOINTLY DEVELOP
A COUNTY PURCHASING ORDINANCE, TO REVIEW THE
PROPOSED PURCHASING ORDINANCE WITH COUNTY
STAFF, AND TO BRING THE FINAL DRAFT OF THE
PURCHASING ORDINANCE TO THE BOARD IN THE FIRST
MEETING IN MARCH, 2013 FOR APPROVAL TO ADVERTISE,
AND FOR FINAL BOARD ADOPTION AT THE SECOND
MEETING IN MARCH, 2013. ENSURING THAT ALL COUNTY
EXPENDITURES APPROVED BY THE BOARD "SHALL"
RATHER THAN "MAY" SATISFY WHAT IS REQUIRED BY
BOTH LEGAL AND GOVERNMENTAL ACCOUNTING
STANDARDS IS AN OBLIGATION, NOT AN OPTION OF THE
BOARD — APPROVED
CHAIRWOMAN HILLER: The next item on the agenda -- and I
want to correct something. When I actually drafted this executive
summary -- and this is Item 10G, which is a recommendation for the
County Attorney and the Clerk and the County Manager to bring back
a purchasing ordinance to basically codify what we currently have as
policy.
I had described that the county attorney and the clerk would, you
know, basically develop the framework with the county manager
reviewing -- and the county manager and I reviewed it and, you know,
he wants to actually work directly and in tandem with the clerk and
the county attorney, which does make sense to me.
The difference in the various inputs is that what the clerk
provides is the parameters that will allow him to determine the legality
of the expenditures so we eliminate these debates as to whether he will
Page 199
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11/12/2013 12.A.
February 12, 2013
or won't approve what we're recommending.
And what the county attorney is including is also not
discretionary. It's what's required as a matter of law. And where the
discretion comes in is with the county manager, who basically will
bring forward the recommendations within that ordinance for the
procedural aspects, if you will, of what's being proposed and, you .
know, what the threshold would be.
So, for example, when Leo and I discussed this, one of the issues
that came up was, like, take for example purchases of supplies. We
don't want to bog down the county manager and tie his hands that he
has to come back to us every time he wants to make a purchase of
supplies.
So what a recommendation would be in the ordinance with
respect to that is that we would approve, you know, going through the
competitive process, you know, our supplies vendor, have a contract
with that vendor, you know, let's say approve a hundred thousand in
supplies, and then Leo goes out and purchases anything he wants as he
sees the need under the parameter of that contract which has been
properly solicited, and that eliminates the problems with, you know,
coming back to the board and procedural inefficiencies.
So the -- I discussed this with the county manager, I discussed
this with the county attorney, I discussed this with the clerk, and
everybody really wants to work together to get this done and get it
done right.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I certainly look forward to
developments like this. I think we have -- we're making our best
effort to have an improved relationship with the Clerk of Courts so
that we can resolve problems, and I think that's a wonderful thing.
That having been said, Mr. Ochs' responsibility is in operations.
He is actually the guy that's got to get that done.
CHAIRWOMAN HILLER: Right.
Page 200
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11/12/2013 12.A.
February 12, 2013
COMMISSIONER NANCE: I identify directly with him and the
challenges he faces dealing with administrative rules and so on and so
forth. So I want to make certain everybody understands that I stand
behind Mr. Ochs 100 percent to make sure that he has the operational
ability to do what he needs to do.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER NANCE: I certainly don't want to create
something when we're trying to be business friendly and trying to
reduce regulation and be efficient and turn around and do something
here that everybody doesn't have their heart in and everybody doesn't
agree with 100 percent.
So I certainly support Mr. Ochs as being the -- if not the key
player, he should be the key player in making sure that this is
workable.
CHAIRWOMAN HILLER: Yeah. And here's one of the things
that we talked about. The framework, the -- you know, the legal
framework is set within the ordinance, and one of the things that we
discussed secondarily was developing some sort of administrative
code which is fluid, which is not the ordinance, where the county
manager will have the ability to define the processes and, you know,
the procedures to make for the efficient administration --
COMMISSIONER COYLE: Motion to approve.
CHAIRWOMAN HILLER: -- of these.
Okay. We have a motion. We have a second -- do we have a
second?
COMMISSIONER FIALA:
Yes.
COMMISSIONER HENNING: Yes.
CHAIRWOMAN HILLER:
Okay. There being no further
discussion, all in favor?
COMMISSIONER COYLE:
Aye.
COMMISSIONER FIALA:
Aye.
CHAIRWOMAN HILLER:
Aye.
Page 201
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11/12/2013 12.A.
February 12, 2013
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously. I'm
sorry. Did you want to speak?
COMMIISSIONER FIALA: Yeah, but that's all right.
Item #1011
RECOMMENDATION THE COUNTY MANAGER'S
ORDINANCE BE REPEALED IN WHOLE, THAT IT BE
REPLACED WITH PROVISIONS SPECIFICALLY
ENUMERATED IN FLORIDA STATUTE CHAPTER 125 AS
THOSE PROVISIONS RELATE TO THE POSITION OF THE
COUNTY ADMINISTRATOR, AND THAT THE LAW BE
RENAMED THE "COUNTY ADMINISTRATOR" ORDINANCE
CONSISTENT WITH STATUTE. FLORIDA LAW PROVIDES
THAT A CONSTITUTIONAL COUNTY MAY
ADMINISTRATIVELY ORGANIZE ITSELF THROUGH THE
OFFICE OF A COUNTY ADMINISTRATOR THAT ANSWERS
TO THE BOARD OF COUNTY COMMISSIONERS AND THAT
WHERE SUCH AN ORGANIZATIONAL STRUCTURE IS
DESIRED THE COUNTY SHALL ADOPT AN ORDINANCE
THAT MIRRORS THE GUIDING FLORIDA STATUTE SO AS
TO ENABLE THE OFFICE OF THE COUNTY
ADMINISTRATOR. AS SUCH, THE CURRENT ORDINANCE
SHOULD BE REPEALED AND REPLACED WITH THE
APPLICABLE PROVISIONS OF F.S. CHPT. 125 TO PROVIDE
UNAMBIGUOUS DEFINITION AS TO THE ROLE, POWERS
AND DUTIES OF THE COUNTY ADMINISTRATOR. TO
FURTHER RECOMMEND THAT THE BOARD DIRECT THE
COUNTY ATTORNEY TO PREPARE AND PRESENT A
COUNTY ADMINISTRATOR' S ORDINANCE CONFORMING
Page 202
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NeetVirginia
`From: PriceLen
Sent: Monday, November 04, 201312:22 PM
To: KlatzkowJeff
Cc: OchsLeo
Subject: Purchasing Ordinance
Attachments: 0_ Original_ Purchasing Ordinance 11012013.doc; Purchasing Ordinance
Comparison(v2).xlsx; Staff Comments to Purch Ord (v2).docx
Jeff,
Attached is a strike - through Ordinance that our Purchasing Department and 1 can support that will allow for efficient
County operations. After meeting with Dwight Brock, Crystal Kinzel and Bonnie Baer of the Clerk's staff for several hours
on Friday, I believe that we are down to only a few key issues where there is not agreement between the Clerk's position
and ours. These issues are highlighted on the attached comparison worksheet.
Crystal spoke with Joanne a few minutes ago and suggested that we place our recommended ordinance on the agenda
as the Clerk's office does not recommend policy.
I would like to point out that the below additional internal controls have been built into this revised policy specifically to
address many of the concerns voiced by the Clerk and the Finance Director about past practices.
• Each purchasing card transaction is reviewed by a fiscal person (an individual who is not the initiator /user of the
goods or services) within 48 — 72 hours of the purchase and reviews for receipts, policy validation, and
"controls" within the operating department; further, a central Purchasing staff member and the Clerk of Courts
reviews each transaction prior to payment to SunTrust.
• Each requisition is entered into the financial system by a fiscal person (an individual who is not the initiator /user
of the goods or services);
• Each requisition workflows to a senior fiscal position or operating director for review and approval;
• Depending on the nature of the purchase, that requisition may workflow to another procurement professional
for review and approval;
• The central Purchasing staff, that is, two separate individuals review each transaction for contract compliance,
valid public purpose, attachments, compliance with Board Purchasing Policy, etc. Those staff have the full
support of the County Manager's Office to "reject" any transaction and return it to the operating department;
• The central Accounts Payable staff review each invoice prior to issuance of the check; and
• The Board will review, and approve, all purchases that may be made that are inconsistent with the Purchasing
Ordinance.
In addition, and more specifically in this draft Ordinance, I would refer you to:
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Hag r
MM-him
6 — 7; #6
Rewrote: How the Purchasing Department will review non - contract purchase
activity to consider aggregation
7; #9
Rewrote Inquiry and Control section
7-8
3 written quotes for all non - contract purchases 3 — 50K; we will deal with the "no-
quote" issue in the Board approved purchasing procedures (not yet written)
22
Clarified Section 18 to indicate the Board will approve standardization; annual
approval by Board of coops; and, if a new coop is identified during the year and
after the annual Board approval, that too, will be approved by the Board
23; C
Reinstated and clarified contract change language
24; F
Reinstated signature authority by Purchasing Director for county attorney reviewed
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11/12/2013 12.A.
I recently sent you staff's recommendations to be included on the Executive Summary. In light of the discussions we had
on Friday, I am revising that document. I would appreciate if those comments as well as the above internal controls be
included in your executive summary. Please contact me at my desk (252 -8908) or my cell phone (253 -1718) if you have
any further questions. Thank you.
,een gomm J nice
Collier County Government
Administrative Services Administrator
3299 Tomiami Trail East Suite 600
Naples, Florida 34112
(239) 252 -8721
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
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and approved contracts below 5OK
26; Section 21
Rewrote unauthorized purchases section with more "teeth" including the following
sentence: "If a determination is made to proceed with the purchase, all such
transactions shall require the approval of the Board."
30; Section 25
Clarified County Manager authority for approving exigent circumstances,
emergencies and Board absence purchases
I recently sent you staff's recommendations to be included on the Executive Summary. In light of the discussions we had
on Friday, I am revising that document. I would appreciate if those comments as well as the above internal controls be
included in your executive summary. Please contact me at my desk (252 -8908) or my cell phone (253 -1718) if you have
any further questions. Thank you.
,een gomm J nice
Collier County Government
Administrative Services Administrator
3299 Tomiami Trail East Suite 600
Naples, Florida 34112
(239) 252 -8721
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
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11/12/2013 12.A.
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Packet Page -596-
ORDINANCE NO. 2013 -
11/12/2013 12.A.
AN ORDINANCE REPEALING ORDINANCE 87 -25 AS AMENDED,
WHICH ORDINANCE ESTABLISHED THE COLLIER COUNTY
PURCHASING DEPARTMENT AND ADOPTED A PURCHASING
POLICY, AND REPLACING IT WITH THIS NEW ORDINANCE, TO BE
KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE,
WHICH ORDINANCE SETS FORTH ITS PURPOSE AND
APPLICABILITY; PROVIDES FOR DEFINITIONS; ESTABLISHES AND
SETS FORTH THE DUTIES OF A PURCHASING DEPARTMENT AND
PURCHASING DIRECTOR; PROVIDES FOR A PURCHASING
MANUAL; PROVIDES FOR PROCEDURES FOR PURCHASES UNDER
$3,000, FOR PURCHASES EXCEEDING $3,000 BUT UNDER $35,000,
AND FOR PURCHASES OVER $35,000; PROVIDES FOR A
COMPETITIVE BID PROCESS, THE PROCUREMENT OF
PROFESSIONAL SERVICES, COMPETITIVE PROPOSALS, AND
PROCUREMENT OF DESIGN -BUILD CONTRACTS; ESTABLISHES
POLICIES FOR SMALL AND DISADVANTAGED MINORITY AND
WOMEN BUSINESS ENTERPRISES AND FOR PREFERENCE TO
LOCAL BUSINESSES; PROVIDES FOR PAYMENT OF INVOICES AND
ADVANCE PAYMENTS FOR GOODS AND SERVICES; PROVIDES FOR
PROCUREMENTS BASED ON COOPERATIVE PURCHASING
AGREEMENTS AND GOVERNMENT CONTRACTS; SETS FORTH A
n PROCEDURE FOR CONTRACT ADMINISTRATION AND FOR BONDS;
PROHIBITS UNAUTHORIZED PURCHASES INCLUDING
SUBDIVIDING PURCHASES; SETS FORTH A PROCEDURE FOR BID
PROTESTS AND CONTRACT CLAIMS; PROVIDES FOR PURCHASES
DURING EMERGENCIES AND BOARD RECESS PERIODS; PROVIDES
FOR INSPECTING AND TESTING; PROVIDES FOR SURPLUS
PROPERTY; PROVIDES FOR A PURCHASING CARD PROGRAM;
PROHIBITS CONFLICT OF INTERESTS; SETS FORTH A PROCEDURE
FOR THE DEBARMENT AND SUSPENSION OF VENDORS;
AUTHORIZES THE BOARD TO WAIVE THESE PROVISIONS WHEN
APPROPRIATE; AND LASTLY PROVIDES 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, obtaining as full and open competition as possible on all purchases and
contracts and maximizing volume discounts by consolidating purchases and buying "in bulk"
when practical serves to further the County's goals and is in the best interest of the taxpayers of
Collier County; and
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11/12/2013 12.A.
WHEREAS, the Board of County Commissioners desires to ensure the County receives
all tax exemptions to which it is entitled; and
WHEREAS, it is in the best interests of the County for all its agencies and departments
to cooperate so as to secure maximum efficiency; and
WHEREAS, the Board of County Commissioners is the only body authorized by
statute to approve contracts on behalf of the County.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Purchasing
Ordinance" or "Purchasing Ordinance."
SECTION TWO: Purpose.
The purpose of this Purchasing Ordinance is to codify and formalize Collier County's
Purchasing 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.
(a) This Purchasing Ordinance applies to all contracts for the procurement of goods and
services entered into 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.
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, and all departments 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
Purchasing 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 Purchasing 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 Uniform Relocation Act
n 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 other than time and must be executed prior to the expiration
of the original agreement.
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.
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11/12/2013 12.A.
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
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 mean 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.
Purchasing Director is the Purchasing Director of Collier County.
Purchasing Manual shall mean the Board of County Commissioners' adopted
administrative procedures for implementing this Purchasing Ordinance.
Purchasing Policy or Policies shall mean the purchasing practices and procedures
outlined in this Purchasing 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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^ Renewal shall mean contracting with the same contractor for an additional contract term,
only if pursuant to contract terms 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 conforms 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 term contract, and all work done
must fall within the scope and tern of the underlying agreement.
SECTION FIVE: Establishment of Purchasing Department and Purchasing Director.
1. There is hereby established the Collier County Purchasing Department, which shall be a
distinct administrative department under the direction of the County Manager.
2. The Purchasing 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, Fla. Stat., Part III, this Purchasing Ordinance grants to the
^ Purchasing Director only those powers and duties which are ministerial in nature and does not
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11/12/2013 12.A.
delegate any governmental power imbued in the Board of County Commissioners as the ^
governing body of the County pursuant to Fla. Const. Art. VIII, § 1(e). To this end, the below
specifically enumerated powers are to be construed as ministerial in nature, for the purpose of
carrying out the Board's directives and policies
SECTION SIX: Duties of Purchasing Department.
The Purchasing Department shall be responsible for:
1. Seeking Maximum Value: Acting to procure for the County the highest quality
commodities and contractual services at least expense to the County.
2. Encouraging competition: Endeavoring to obtain as full and open competition as
possible on all purchases, services and sales.
3. Purchasing Analysis: Keeping informed of current developments in the field of
purchasing, prices, market conditions and new products, and secure 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. Purchasing Manual: Preparing and recommending for adoption by the Board of County
Commissions administrative procedures for the Agency known as a Purchasing Manual
for the implementation of this Purchasing Ordinance. In keeping with Ord. 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 Purchasing Manual shall be maintained and published on -line for the
benefit of the public.
5. Forms: Prescribing and maintaining such forms to implement this Purchasing
Ordinance and Purchasing Manual.
6. Bulk Purchases: Exploiting the possibilities of buying "in bulk" so as to take full
advantage of discount.
7. Tax Exemption: Procuring items for the County to exercise its tax exemption status
when eligible.
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 question the quality, quantity, and kinds of items
requisitioned in order that the best interests of the County are served. To ensure the
timely, proper and orderly acquisition of services to the various operating departments;
6
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11/12/2013 12.A.
n purchase, all authority granted to the Purchasing Director in this Purchasing Ordinance
may be formally delegated by the Purchasing Director in whole or in part to Purchasing
Department staff members.
SECTION SEVEN: Small Purchases.
All purchases must be based on an underlying approval by the Board of County
Commissioners. The Purchasing Director is authorized to issue purchase orders based upon
Board approved contracts.
A purchase shall not be artificially divided or split so as to qualify under this or any other
section of this Purchasing Ordinance.
All purchases greater than $1,000 but less than or equal to $3,000 will generally be processed
using a regular purchase order. However, such purchases may be processed using a purchasing
card in accordance with Section 28 of this Purchasing Ordinance.
SECTION EIGHT: Informal Competition (Purchases Exceeding $3,000 but Not Greater
Than $35,000).
A purchase shall not be artificially divided or split so as to qualify under this or any other
section of this Purchasing Ordinance. Operating department 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 by using the following informal competition process:
A. Purchases exceeding $3,000 but not more than $35,000 may be solicited by quotation as
follows:
1. Minimum Number Quotes: Open market purchases or sales in excess of $3,000
but less than or equal to $35,000 shall be based on a good faith effort under
direction of the Purchasing Department to obtain at least three (3) competitive
quotes (including all "no quote" responses). Award shall be made by the Board of
County Commissioners to the lowest, qualified and responsive quote in
accordance with the standards set forth in this Purchasing Ordinance.
2. Solicitation of Quotes: Quotes may be solicited orally, written, or electronically
for open market pricing or sale, using available bidders' and supplier lists. All
quotes in excess of ten thousand dollars $10,000 shall be tendered or confirmed in
writing or electronically submitted by the vendor prior to purchase. Quotes
obtained verbally shall be documented in writing by the operating department and
contain the names of the vendors contacted, materials quoted and when and how
the quote was obtained. Quote information will be reviewed by the Purchasing
Director and approved by the Board of County Commissioners.
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3. Public Record: The Purchasing Director shall maintain records of all open market
quotes according to public records law. Such records shall be open for public
inspection after award has been made.
B. The requirements for requesting quotes from three (3) or more sources may be waived by
the Board of County Commissioners to the extent authorized by law for:
1. Purchase of library books, education and/or personnel tests, similar audio visual
materials, periodicals, printed library cards.
2. Professional services; and, in instances when authorized by the Purchasing
Director 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.
Purchases that the Purchasing Director has determined to be legitimate sole
source purchases.
4. Valid public emergencies or other instances deemed by the Purchasing Director to
be in the best interests of the County.
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 $35,000).
A It is the intent of the Board of County Commissioners to establish an amount of thirty
five thousand dollars ($35,000) 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, responsive bidder except where otherwise provided for
in this Purchasing 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 Purchasing Director.
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 (pursuant to subsection C). .-.
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3. Valid public emergencies (pursuant to Section 25).
4. Where it is determined 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 Purchasing Director of one the following conditions:
1. 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 Performance Data: In order to promote the quality delivery of commodities
and services, County departments shall record and consider the past performance of vendors in
the award of contracts exceeding the competitive threshold. This objective shall be
n accomplished as follows:
1. The Purchasing Department shall be responsible for each of the following:
a. Developing, implementing and maintaining administrative procedures,
instructions and technologies necessary to collect and access vendor
performance data.
b. Ensuring that relevant past performance data is properly gathered and
considered prior to award of subsequent contracts.
2. Operating departments 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 pursuant to
subsection 9.D.Ia.
b. Considering the past performance of vendors during the evaluation of bids
and proposals for subsequent contract awards as set forth in the
administrative procedures referenced under subsection 9.E.Ia.
F. Bidders and proposers competing for a prospective award (and their
n agents /representatives) will not be permitted to publicly or privately address the Board or
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individual Board members regarding a prospective purchase prior to the time of award unless
requested to do so by the Purchasing Director or by a majority vote of the Board.
SECTION TEN: Competitive Bid Process.
A. Notice Inviting Bids:
1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing
Department in a consistent public location at least ten (10) days preceding the last
day established for the receipt of bid proposals. Bids may be solicited and /or
received in one or more steps as permitted by law and deemed appropriate by the
Purchasing 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 Purchasing Director shall also solicit sealed bids from
qualified prospective vendors /contractors who have registered their names on the
Collier County Purchasing Department 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 Purchasing Department 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 Purchasing
Director for continual non - response to formal solicitations and violations of the
Purchasing Ordinance. The Purchasing 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 Purchasing 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 Purchasing 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
Purchasing Director upon failure on the vendor's part to enter into a contract
within ten (10) working days after written notice of award.
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 Department Purchasing Director. The addendum shall clearly point out any
10
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n addition or change to the invitation for bids. The Purchasing Department 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
Purchasing Director and if manual shall be clearly identified as bids on the
outside of the sealed envelope.
2. Opening: Bids shall be opened publicly at the time and place stated in the public
notices and shall be witnessed and certified by the Purchasing Department.
3. Tabulation: A tabulation of all bids received shall be made either electronically
or manually by the Purchasing Department 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 Purchasing Department shall determine if any of the bidders would be considered a local
business as defined under Section 15 of this Purchasing 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.
n In the event that two or more local bidders are tied thereafter, award of contract shall be made in
accordance with Section 15 (b) of this Purchasing 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) (a) (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
Purchasing 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 Purchasing 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
Purchasing 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.
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11
11/12/2013 12.A.
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.
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, responsive bidder. In addition to price the following may be considered:
1. 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 performance 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.
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 Administrative proceedings involving the bidder or bidder's principal.
All recommendations for award for contracts will be reviewed and approved by the
Purchasing 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 firm 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
12
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not exceed $200,000; or for work of a specified nature as outlined in the contract required
by the County, with the contract being for a fixed term 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 firms 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 Purchasing 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 firm'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 firm fail to agree upon the terms 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
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Purchasing Director from the competitive bidding process. Instead, professional services will be
typically acquired through one of the following methods:
1. Competitive Selection and Negotiation as set forth immediately above; or
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 Purchasing
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 Purchasing 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 Purchasing Director under circumstances where one or more of the following conditions
exist:
1. Where qualitative considerations are of equal or greater concern than pricing
considerations.
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111—N 2. Where the conditions of the purchase do not lend themselves to the formal sealed
bid process or the award of a firm, fixed fee contract.
3. Where the County is incapable of specifically defining the scope of work for
which the commodity(s) or service(s) is required and where the vendor is asked to
propose a commodity(s) or service(s) to meet the needs of the County.
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:
A Request for Proposals (RFP) will be prepared and distributed. Notice of said
request(s) shall be publicly posted by the Purchasing Department at least 21
calendar days preceding the last day established for the receipt of 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
n 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 Purchasing Director. Unless otherwise
prohibited by law, the Purchasing Director shall have the discretion to solicit and
conduct simultaneous or concurrent negotiations with one or more firms.
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 firm 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.
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SECTION FOURTEEN: Small and Disadvantaged Minority and Women Business
Enterprises.
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 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 Purchasing 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.
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.
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11_"%1, 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.
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 Purchasing Ordinance, purchases of commodities and services
shall give preference to local businesses in the following manner:
(1) "Local Business " defined
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do
business within Collier County, and that identifies the business with a permanent physical
business address located within the limits of Collier County from which the vendor's
staff operates and performs business in an area zoned for the conduct of such business. A
Post Office Box or a facility that receives mail, or a non - permanent structure such as a
construction trailer, storage shed, or other non - permanent structure shall not be used for
the purpose of establishing said physical address. In addition to the foregoing, a vendor
shall not be considered a "local business" unless it contributes to the economic
development and well -being of Collier County in a verifiable and measurable way. This
may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees
and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be
eligible for consideration as a "local business" under this section. A vendor who
misrepresents the Local Preference status of its firm in a proposal or bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one
year.
(2) Preference in purchase of commodities and services by means of competitive bid,
request for proposals, qualifications or other submittals and competitive negotiation
and selection. Under any such applicable solicitation, bidders /proposers desiring to
receive local preference will be invited and required to affirmatively state and provide
documentation as set forth in the solicitation in support of their status as a local
business. Any bidder /proposer who fails to submit sufficient documentation with their
bid /proposal offer shall not be granted local preference consideration for the purposes
of that specific contract award. Except where federal or state law, or any other funding
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source, mandates to the contrary, Collier County and its agencies and instrumentalities,
will give preference to local businesses in the following manner:
(a) Competitive bid (local price match option). Each formal competitive bid
solicitation shall clearly identify how the price order of the bids received will be
evaluated and determined. When a qualified and responsive, non -local business
submits the lowest price bid, and the bid submitted by one or more qualified and
responsive local businesses is within ten percent of the price submitted by the non -
local business, then the local business with the apparent lowest bid offer (i.e.; the
lowest local bidder) shall have the opportunity to submit, an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, 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
Purchasing Department shall determine 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 Purchasing Department 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, f r o in 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.
(a) Competitive bid (best and final offer option). Each formal 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 price bid, and the bid submitted by one or more qualified and
responsive local businesses is within ten (10) percent of the price submitted by the
non -local business, then the qualified and responsive non -local and all qualified and
responsive local businesses will be given an opportunity for a best and final offer.
In such instances, staff shall first verify if the lowest non -local bidder and the
lowest local bidder(s) are in fact qualified and responsive bidders and meet the
requirements of Section 287.087, F.S. Next, the Purchasing Department shall invite
the lowest non -local bidder and the lowest local bidder(s) within ten (10) percent
to submit a best and final offer to the Purchasing Department within five (5)
business days thereafter. The bidder who tenders the lowest best and final offer
shall be awarded the contract upon approval by the Board of County
Commissioners.
(b) Should a tie bid occur between a non -local bidder and a local bidder, the County
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n 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.
(c) 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 10) or Competitive Selection and
Negotiation (Section 12) 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 11B.2 (which are subject to Section 287.055, F.S.) and subsection I IB.3
(which are subject to Section 11.45, F.S.) shall not be subject to this local preference
section.
(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,
n firms or corporations submitting bids or proposals. Further, the preferences established
herein in no way prohibit the right of the County Commission from giving any other
preference permitted by law instead of the preferences granted herein.
(5) Reciprocity. In the event Lee County, or any other Florida county or municipality ( "local
government ") deemed appropriate by the Collier County Board of Commissioners, extends
preferences to local businesses, Collier County may enter into an interlocal agreement with
such local government wherein the preferences of this section may be extended and made
available to vendors that have a valid occupational license issued by that specific local
government to do business in that local government that authorizes the vendor to provide
the commodities and services to be purchased, and a physical business address located
within the limits of that local government. Post Office Boxes are not verifiable and shall
not be used for the purpose of establishing said physical address. In addition to the
foregoing, a vendor shall not be considered a "local business" unless it contributes to the
economic development and well -being of the said local government whichever is
applicable, in a verifiable and measurable way. This may include, but not be limited to, the
retention and expansion of employment opportunities, the support and increase to that local
government's tax base, and residency of employees and principals of the business
located within the limits of that local government. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible
for consideration as a "local business" under this section. In no event shall the amount of
the preference accorded other local government firms exceed the amount of preference
that such local government extends to Collier County firms competing for its contracts.
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(6) Purview and administration of this Local Preference Policy. This policy shall apply to all
departments and units under the direct purview of the Board of County Commissioners.
For purchases of $35,000 or less, the Purchasing Department shall systematically encourage
departments 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;
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. Additionally, 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.
D. It shall be the responsibility of the County Manager, in consultation with the Clerk's
Finance Director and operating departments, to establish, procedures for the timely payment of
all transactions as defined under 16.A hereof. Such procedures shall include, but are not be
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 Purchasing 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. 10.11,
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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 provided that such sufficient funds have been budgeted for the expenditures will be
included in the Purchasing Manual. 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 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.
B. Annually, the Board of County Commissioners will approve a list of authorized
purchasing cooperative agreements and governmental contracts. The Purchasing Director may
approve purchases using these approved agreements and contracts with no further action required
by the Board providing that funds have been budgeted for these specific purposes. The
Purchasing Director may with approval of the Board join with other units of government in
cooperative purchasing agreements prior to award when in the best interests of the County. In
n authorizing all such purchases under pre- existing agreements, the Purchasing Director shall have
determined that the term and conditions of the purchase are competitive in the market and
favorable to the County. All purchases pursuant to these contracts must be approved by the
Board.
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 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
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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 Purchasing
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.
C. Contract Changes: Notices issued under a purchase order or contract may be authorized
by the Board of County Commissioners and executed by the Purchasing Director. Modifications
to a Board approved purchase or contract, including but not limited to change orders,
supplemental agreements, amendments and changes by letter approved by the Board may be
executed by the Purchasing Director. All material changes in scope of agreements must be
approved by the Board in advance.
The proviso at the end of the previous paragraph shall not be applicable to term 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
department(s). Such purchases shall be subject to all other provisions of this Purchasing
Ordinance.
Notices that terminate an entire purchase or contract that was Board approved and contract
modifications that increase the total contract amount beyond the limits set forth above as
applicable, shall require the approval of the Board of County Commissioners. 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 Purchasing 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 Purchasing 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 Purchasing Director shall authorize and execute renewals of
contracts for commodities and/or services subject to the following conditions: ^
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That the Contractor has performed in a satisfactory manner and that the
Purchasing Director has received a request to renew from the Contract or Project
Manager verifying the Contractor's satisfactory performance.
2. That the Board approved agreement 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.
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 shall be authorized by the
Board of County Commissioners.
G. Work Orders (Not Under CCNA): The Purchasing 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.
110� Work orders must be in sufficient detail to audit according to the approved contract.
H. Consent to Assignments of Contract: For all contracts, the Board of County
Commissioners shall approve all assignments of contracts requested by the predecessor
contracting party.
I. Authority Limitation and Delegation; Promulgation of Procedures:
The Purchasing Director may delegate to one or more Purchasing Department employees any or
all aspects of the authority vested in the Purchasing Director.
All authority to execute documents that is vested pursuant to this Section 19 in the Purchasing
Director or any other person shall be subject to the limits of any applicable federal, state or other
law.
Payments to Contractors, Vendors and Consultants
Prior to the execution of a formal contract subject to this Purchasing Ordinance, the Purchasing
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.
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In accordance with Fla. Stat. Sec. 218.735(8), the Purchasing 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 Purchasing 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:
1. That the tenn "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 Purchasing Director's letter expressly sets forth the percentage of
cumulative retainage to be held for the remaining pay requests.
The Purchasing Director shall also be granted the discretion to authorize the partial 111-N
release or payment of contract retainage to the contractor prior to final completion of all project
work provided that:
1. 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 Purchasing 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
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^' 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 Finance Department.
SECTION TWENTY -ONE: Unauthorized Purchases.
All purchases made within the provisions of this Purchasing Ordinance shall be made
with a purchase order or purchasing card within previously Board - approved contracts and budget
or be specifically approved by the Board.
No County officer or employee shall intentionally order, other than by purchasing card as
permitted under this Purchasing Ordinance, the purchase of any commodities or services, or
make any contract within the purview of this Purchasing Ordinance other than through the
Purchasing Director. Any purchase order or contract made contrary to the provisions hereof
shall not necessarily be approved and the County shall not be bound thereby.
In the event that a purchase transaction is found to be in violation of this Purchasing
Ordinance or the Purchasing Manual, the Purchasing Director shall determine the facts
pertaining to the transaction. In consultation with the appropriate operating department director,
the Purchasing Director shall determine whether it is in the best interests of the County to
proceed with the purchase. If a determination is made to proceed with the purchase, all such
transactions shall require the approval of the Board.
n
SECTION TWENTY -TWO: Prohibition against Subdivision.
No contract or purchase shall be subdivided to avoid the requirements of this Purchasing
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 Purchasing 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 party shall file a notice of intent to protest within three (3) days,
excluding weekends and County holidays, after the first publication, whether by posting or
formal advertisement of the solicitation. The formal written protest shall be filed within five (5)
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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 Purchasing Director, shall render a decision
on the formal protest and determine whether postponement of the bid opening or
proposal /response closing time is appropriate. The Purchasing Director's decision shall be
considered final and conclusive unless the protesting party files an appeal of the Purchasing
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 Purchasing 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 Purchasing 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 Purchasing 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:
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.
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E. In the event of a timely protest of contract award consistent with the requirements of this
section, the Purchasing Director shall not proceed further with the award of the contract until all
appropriate administrative remedies as delineated under this section have been exhausted or
until the Board of County Commissioners makes a determination on the record that the award of
a contract without delay is in the best interests of the County. During this process, the protesting
party shall limit their communications with the County to the Office of the County Attorney,
and neither the protesting party, their agents or their representatives shall have any private
contact or discussions with individual County Commissioners, the County Manager, other
County employees, or any independent hearing officer (where applicable) regarding the protest
except such communications as may be required or permitted during a hearing, if applicable, or
a meeting of the County Commission wherein the solicitation or award is to be considered.
F. The Purchasing Director shall review the merits of each timely protest and in consultation
with the contract manager and other appropriate County staff, issue a decision stating the reasons
for the decision and the protesting party's rights of appeal under this section. Said decision shall
be in writing and mailed or otherwise furnished to the protesting party. The decision of the
Purchasing Director shall be final and conclusive unless the protesting party delivers a
subsequent written notice of appeal to the Purchasing 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 Purchasing Director's decision, the protestor shall not introduce new
arguments or alter in any other way their protest submission. An appeal of the Purchasing
Director's decision shall be limited to a review of the grounds set forth in the formal protest, and
n
no new grounds or arguments will be introduced or considered.
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 Purchasing 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 Purchasing
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.
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The County Manager's discretion as to whether to appoint a Hearing Officer shall in no way
afford the protestor the right to demand such an appointment or hearing. The decision of a
Hearing Officer on a protesting party's appeal shall be submitted to the Board for its
consideration as part of a final award decision. Nothing herein shall be construed as creating a
right of judicial review of the Hearing Officer's decision, nor shall such decision be binding
upon the Board. Additionally, nothing herein shall be construed as limiting the Board's right to
reject any and all bids or proposals.
H. Decisions of the Purchasing 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.
I. 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 Purchasing 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:
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 Purchasing Director may arbitrate or mediate the claim or dispute or may
appoint an independent third party to do so within the authorization threshold limits of this
policy.
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SECTION TWENTY -FIVE: Emergency and Board Absence Purchases.
In case of a valid public emergency or during the Board's extended recess session(s)
which requires immediate purchase of commodities or services, the County Manager shall
consult with the Board Chair or in the absence of the Chair the Vice -Chair shall be empowered
to authorize the Purchasing Director to secure by open market procedure as herein set forth, any
commodities or services. The County Manager after consultation with the Chair or Vice -Chair
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 regular
or special 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 next 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.
The Purchasing 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.
n A. Inspection by Operating Department: The Purchasing Director shall authorize operating
departments to inspect all deliveries made to such operating departments under rules and
regulations which the Purchasing Director shall prescribe.
B. Testing: The Purchasing 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 Purchasing 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: Surplus Commodities and Tangible Personal Property.
All operating departments shall submit to the Purchasing Director, at such times and in
such form as shall be prescribed, reports showing stocks of all tangible personal property which
are no longer used or which have become obsolete, worn out or scrapped.
A. Transfer: The Purchasing Director shall have the authority to transfer surplus stock to
other operating departments.
B. Sale: The Purchasing Director shall have authority to sell all commodities of a value less
than the limits proscribed under Chapter 274 F.S., which have become unsuitable for County use.
Sales under this section shall be made to the highest responsible bidder and in conformance with
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Section, 274, F.S. All sales will be approved by the Board prior to completing the sale or
conducting the sales event.
C. Trade In: The Purchasing Director shall be authorized to approve purchases that include
the "trade in" of existing items (including assets) pursuant to the purchase of new, replacement
or upgraded items /services. All such "trade ins" shall be verified as to condition and value and
be specifically identified on the invoice. If a capital asset is involved, the trade will be reported
to the Clerk's Asset accountant.
D. Disposition of Assets: The Purchasing Director shall have the authority to determine
whether previously- acquired items (including assets) that are no longer useful to the Agency
have commercial value and if not, upon Board approval to dispose of such items in an
appropriate manner with or without offering such items for sale, trade or donation to other
entities. The Fixed Assets Section of the Clerk of Courts' Finance Division will submit a
quarterly report that identifies any assets that are disposed of under the provisions of this
subsection.
SECTION TWENTY- EIGHT: Purchasing Card Program.
The Purchasing Director shall be responsible for the overall management and operation
of the County's purchasing card program. 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 based upon contracts approved by the Board of County Commissioners. The
Purchasing Director shall be authorized to assign cards to employees for these purchases. The
Purchasing 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 Purchasing Director.
B. Monthly Spending Limit: Not to exceed $10,000 per card unless otherwise authorized by
the Purchasing Director.
C. Strategic Purchases: The Purchasing 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:
1. Where the purchase is to address a valid public emergency; or
2. Where the County will earn revenue through card program rebates; or
Where a vendor is requiring the County to order by purchasing card.
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,
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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.
E. Rebates: All purchasing cards rebates will be credited to the appropriate fund.
In all such instances, the Purchasing 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 -NINE: 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 THIRTY: 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
n 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 Purchasing 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.
2. Civil Judgment refers to a judgment or finding of a civil offense by any court of
competent jurisdiction.
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, a County contract for construction or for procurement of
commodities and services, including professional services; or
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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 Purchasing Director to temporarily
disqualify a contractor from County contracting or County- approved
subcontracting pending action of the Board.
B. Suspension: The Purchasing 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 debarment as set forth herein. If a suspension
precedes a debarment, the suspension period shall be considered in determining the debarment
period. The suspension period shall not exceed 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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n 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.
n i. 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 department requesting the suspension or debarment action
shall submit to the Purchasing Director a written complaint setting forth
the reason(s) for seeking debarment and shall identify a recommended
debarment period.
b. The Purchasing Director shall review the complaint, verify whether it is
compliant with the provision of this Purchasing 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 Purchasing 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 Purchasing Director shall determine 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 Purchasing Director's
recommendation, the Contractor shall have a maximum of three business
days to file an appeal of the debarment decision with the Purchasing
Director. The appeal will be forwarded to and considered by the County
Manager, who will review the record compiled by the initiating
department and the contractor. Should the County Manager overturn the
Purchasing Director's decision; the County Manager shall formally cite the
reasons for doing so.
e. In the event that the contractor files a timely and complete reply to the
complaint and where the facts are in dispute, the Purchasing Director will
convene a committee (hereinafter referred to as "the committee ")
consisting of at least three individuals who will review the complaint and
the contractor's reply. The County Manager shall formally appoint the
committee, which will generally consist of county employees, none of
whom shall be a member of the department initiating the complaint. At
the discretion of the County Manager, a member from private industry
with a particular area of relevant expertise may be appointed to the
committee, provided that this member is not a direct or indirect competitor
of the fine 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
Purchasing 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 Purchasing Director shall chair the committee and serve as the
Purchasing Department's representative to the committee. The Purchasing
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,
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n until the conclusion of the appeal process. All committee deliberations are
subject to Section 286.011 F.S.
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
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 debarment, 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 Purchasing 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 Purchasing Director. The
appeal will be forwarded to and considered by the County Manager, who
will review the record compiled by the initiating department, the contractor
and the committee. Should the County Manager overturn the committee's
decision; the County Manager shall formally cite the reasons for doing so.
Final recommendation for debarment shall be approved by the Board.
3. Debarment Period:
a. The committee shall recommend the period of debarment. The debarment
period shall be commensurate with the severity of the cause(s) and
approved by the Board.
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:
1) Newly discovered material evidence;
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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.
The contractor's request shall be submitted to the Purchasing 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 Debarment:
a. Debarred contractors are excluded from receiving County contracts.
Departments 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 Purchasing Department shall notify all Board departments 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. Departments 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 agreement
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 Purchasing Director.
6. Restrictions on Subcontracting:
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a. When a debarred contractor is proposed as a subcontractor for any
subcontract subject to County approval, the department shall not consent
to subcontracts with such contractors 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.
b. 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.
The Scope of Debarment: Debarment applies to all officers, Directors, Managers,
principals, Purchasing Directors, partners, qualifiers, divisions or other
organizational elements of the debarred contractor, unless the debarment decision
is limited by its terms to specific divisions, organizational elements or
commodity /services. The committee's decision includes any existing affiliates of
the contractor if they are specifically named and are given written notice of the
proposed debarment and an opportunity to respond. Future affiliates of the
contractor are subject to the pre- existing terms of the committee's decision.
SECTION THIRTY -ONE: Conflict and Severability.
In the event this Purchasing Ordinance conflicts with any other ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or portion of the
Purchasing 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 Purchasing Ordinance shall become and be made a part of the
Code of Laws and Ordinance of Collier County, Florida. The sections of the Purchasing
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 Purchasing Ordinance shall be effective upon filing with the Department of State.
Packet Page -633-
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of 92013.
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Packet Page -634-
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9/3/13: Final from Jeff (inclusive of Clerk and Board Comments)
1013113 (12 Noon) Version 2: Board's Comments Included
11/1/13 Version 3: Based on Meeting (Dwight Brock, Len Price, Crystal Kinzel, Joanne
Markiewicz and Bonnie Baer)
ORDINANCE NO. 2013 -
AN ORDINANCE REPEALING ORDINANCE 87 -25 AS AMENDED,
WHICH ORDINANCE ESTABLISHED THE COLLIER COUNTY
PURCHASING DEPARTMENT AND ADOPTED A PURCHASING
POLICY, AND REPLACING IT WITH THIS NEW ORDINANCE, TO BE
KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE,
WHICH ORDINANCE SETS FORTH ITS PURPOSE AND
APPLICABILITY; PROVIDES FOR DEFINITIONS; ESTABLISHES AND
SETS FORTH THE DUTIES OF A PURCHASING DEPARTMENT AND
PURCHASING DIRECTOR; PROVIDES FOR A PURCHASING
MANUAL; PROVIDES FOR SMALL PURCHASES UNDER $3,000, FOR
PURCHASES EXCEEDING $3,000 BUT UNDER $50,000, AND FOR
PURCHASES OVER $50,000; PROVIDES FOR A COMPETITIVE BID
PROCESS, THE PROCUREMENT OF PROFESSIONAL SERVICES,
n COMPETITIVE PROPOSALS, AND PROCUREMENT OF DESIGN -
BUILD CONTRACTS; ESTABLISHES POLICIES FOR SMALL AND
DISADVANTAGED MINORITY AND WOMEN BUSINESS
ENTERPRISES AND FOR PREFERENCE TO LOCAL BUSINESSES;
PROVIDES FOR PAYMENT OF INVOICES AND ADVANCE
PAYMENTS FOR GOODS AND SERVICES; PROVIDES FOR
PROCUREMENTS BASED ON STANDARDIZATION, COOPERATIVE
PURCHASING ORGANIZATIONS AND GOVERNMENT CONTRACTS;
SETS FORTH A PROCEDURE FOR CONTRACT ADMINISTRATION
AND FOR BONDS; PROHIBITS UNAUTHORIZED PURCHASES
INCLUDING SUBDIVIDING PURCHASES; SETS FORTH A
PROCEDURE FOR BID PROTESTS AND CONTRACT CLAIMS;
PROVIDES FOR PURCHASES DURING EXIGENT CIRCUMSTANCES,
EMERGENCIES AND BOARD RECESS PERIODS; PROVIDES FOR
INSPECTING AND TESTING; PROVIDES FOR SURPLUS PROPERTY;
PROVIDES FOR A PURCHASING CARD PROGRAM; PROHIBITS
CONFLICT OF INTERESTS; SETS FORTH A PROCEDURE FOR THE
DEBARMENT AND SUSPENSION OF VENDORS; AUTHORIZES THE
BOARD TO WAIVE THESE PROVISIONS WHEN APPROPRIATE; AND
LASTLY PROVIDES FOR CONFLICT AND SEVERABILITY,
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND AN
EFFECTIVE DATE.
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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, obtaining as full and open competition as possible on all purchases and
contracts and maximizing volume discounts by consolidating purchases and buying "in bulk"
when practical serves to further the County's goals and is in the best interest of the taxpayers of
Collier County; and
WHEREAS, the Board of County Commissioners desires to ensure the County receives
all tax exemptions to which it is entitled; and
WHEREAS, it is in the best interests of the County for all its agencies and departments
to cooperate so as to secure maximum efficiency; and
WHEREAS, the Board of County Commissioners adopts ordinances and resolutions
necessary for the exercise of its powers on behalf of the County.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Purchasing
Ordinance" or "Purchasing Ordinance."
SECTION TWO: Purpose.
The purpose of this Purchasing Ordinance is to codify and formalize Collier County's
Purchasing 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.
(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
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n elections, and Tax Collector), Court Administration, State Attorney, Public Defender 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.
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, and all departments under the auspices of the County Manager.
Change Order shall mean a written order by a project manager, approved by the
Purchasing 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 Purchasing 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 I11,
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 Uniform 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
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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
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 mean 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.
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n Purchasing Director is the Purchasing Director of Collier County.
Purchasing Manual shall mean the Board of County Commissioners' adopted
administrative procedures for implementing this Purchasing Ordinance.
Purchasing Policy or Policies shall mean the purchasing practices and procedures
outlined in this Purchasing 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.
Renewal shall mean contracting with the same contractor for an additional contract term,
only if pursuant to contract terms 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 conforms 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
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order shall conflict with the terms and conditions of the fixed term contract, and all work done
must fall within the scope and term of the underlying agreement.
SECTION FIVE: Establishment of Purchasing Department and Purchasing Director.
1. There is hereby established the Collier County Purchasing Department, which shall be a
distinct administrative department under the direction of the County Manager.
2. The Purchasing 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, this Purchasing Ordinance grants to the Purchasing Director only
those powers and duties which are ministerial in nature and does not delegate any governmental
power imbued in the Board of County Commissioners as the governing body of the County
pursuant to Fla. Const. Art. VIII, § 1(e). To this end, the below specifically enumerated powers
are to be construed as ministerial in nature, for the purpose of carrying out the Board's
directives and policies
SECTION SIX: Duties of Purchasing Department.
Within the constructs of this Ordinance, the Purchasing Department shall be responsible
for:
1. Seeking Maximum Value: Acting to procure for the County the highest quality
commodities and contractual services at least expense to the County.
2. Encouraging. competition: Endeavoring to obtain as full and open competition
as possible on all purchases, services and sales.
3. Purchasing: 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. Purchasing Manual: Preparing and recommending for adoption by the Board of
County Commissioners administrative procedures for the Agency known as a
Purchasing Manual for the implementation of this Purchasing Ordinance. In keeping
with Ord. 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 Purchasing Manual shall be
maintained and published on -line for the benefit of the public.
5. Forms: Prescribing and maintaining such forms to implement this Purchasing
Ordinance and Purchasing Manual.
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6. Non - Contract Purchases: Reviewing small (Section 7) and informal (Section 8)
non - contract purchases to determine if an aggregated contract approach may provide
value and offer pricing advantages to the County.
7. Tax Exemption: Procuring items for the County to exercise its tax exemption
status when eligible.
8. 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 departments;
c. Ensure purchases are consistent with the Purchasing Ordinance;
d. Determine if specific purchases should be approved by the Board prior to the
purchase; and,
e. , Delegate Purchasing Director authority granted by this Purchasing Ordinance
in whole or in part to Purchasing Department 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 Purchasing Ordinance. All small purchases will generally be processed using a
regular purchase order, or, a purchasing card in accordance with Section 28 of this Purchasing
Ordinance.
Operating department 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
Purchasing Director. Only the Board's Purchasing staff may issue a qualification based
solicitation.
SECTION EIGHT: Informal Competition (Purchases Exceeding $3,000 but Not Greater
Than $50,000).
A purchase shall not be artificially divided or split so as to qualify under this or any other
section of this Purchasing Ordinance. Operating department 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 by using the following informal competition process:
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A. Purchases exceeding $3,000 but not more 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 less than or equal to $50,000 shall be based on a good faith effort under
direction of the Purchasing Department 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
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.
Quote information will be reviewed and approved by the Purchasing Director.
Public Record: The Purchasing Director shall maintain records of all open market
quotes according to public records law. Such records shall be open for public
inspection after award has been made.
B. The requirements for requesting quotes from three (3) or more sources may be waived by
the Purchasing Director to the extent authorized by law for:
Purchase of library books, education and/or personnel tests, similar audio visual
materials, periodicals, printed library cards.
2. Professional services; and, in instances when authorized by the Purchasing
Director 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 Purchasing Director has determined to be legitimate sole or
single source purchases.
4. Valid public emergencies or other instances deemed by the Purchasing Director to
be in the best interests of the County.
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, responsive bidder except where otherwise provided for
in this Purchasing Ordinance or unless an exception is granted by the Board. Bid limits for
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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 Purchasing Director.
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 (pursuant to subsection D).
3. Valid public emergencies (pursuant to Section 25).
4. Where it is determined 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 Purchasing Director of one the following conditions:
1. 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 Performance Data: In order to promote the quality delivery of commodities
and services, County departments shall record and consider the past performance of vendors in
the award of contracts exceeding the competitive threshold. This objective shall be
accomplished as follows:
1. The Purchasing Department 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.
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2. Operating departments 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.1 a.
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 regarding a prospective purchase prior to the time of award unless
requested to do so by the Purchasing Director or by a majority vote of the Board.
SECTION TEN: Competitive Bid Process.
A. Notice Inviting Bids:
1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing
Department in a consistent public location at least ten (10) days preceding the last
day established for the receipt of bid proposals. Bids may be solicited and /or
received in one or more steps as permitted by law and deemed appropriate by the
Purchasing Director. n
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 Purchasing Director shall also solicit sealed bids from
qualified prospective vendors /contractors who have registered their names on the
Collier County Purchasing Department 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 Purchasing Department 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 Purchasing
Director for continual non - response to formal solicitations and violations of the
Purchasing Ordinance. The Purchasing 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 Purchasing Director, bid deposits
shall be prescribed in the public bid notices. Said deposits shall be in the amount
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'^ equal to five percent of the bid offer submitted unless a greater amount is
required. The Purchasing 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
Purchasing 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 Department Purchasing Director. The addendum shall clearly point out any
addition or change to the invitation for bids. The Purchasing Department 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:
1. Sealed Bids: Sealed bids shall be submitted manually or electronically to the
Purchasing Director.
2. O enin : Bids shall be opened publicly at the time and place stated in the public
notices and shall be opened and witnessed by the Purchasing Department.
Tabulation: A tabulation of all bids received shall be made either electronically
or manually by the Purchasing Department 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 Purchasing Department shall determine if any of the bidders would be considered a local
business as defined under Section 15 of this Purchasing 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 (b) of this Purchasing 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
.-� Purchasing Director may negotiate changes with the apparent lowest qualified and
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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 Purchasing 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
Purchasing 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.
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, responsive bidder. In addition to price the following may be considered:
1. 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 performance 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 Administrative proceedings involving the bidder or bidder's principal.
All recommendations for award for contracts will be reviewed and approved by the
Purchasing Director prior to presentation to the Board of County Commissioners.
SECTION ELEVEN: Procurement of Professional Services.
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n 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 firm 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 County, with the contract being for a fixed term 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 firms 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 Purchasing 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 firm'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 firm fail to agree upon the terms of an acceptable
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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
Purchasing Director from the competitive bidding process. Instead, professional services will be
typically acquired through one of the following methods:
1. Competitive Selection and Negotiation as set forth immediately above; or
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.
Requests for outside legal services will be consistent with both this Purchasing
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 Purchasing Ordinance,
and must first be approved by the Board.
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SECTION TWELVE: Competitive Proposals.
A. The Competitive Proposals process is a method of contract selection that may be utilized
by the Purchasing Director under circumstances where one or more of the following conditions
exist:
1. Where qualitative considerations are of equal or greater concern than pricing
considerations.
2. Where the conditions of the purchase do not lend themselves to the formal sealed
bid process or the award of a firm, fixed fee contract.
3. Where the County is incapable of specifically defining the scope of work for
which the commodity(s) or service(s) is required and where the vendor is asked to
propose a commodity(s) or service(s) to meet the needs of the County.
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 Purchasing Department 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 Purchasing Director. Unless otherwise
prohibited by law, the Purchasing Director shall have the discretion to solicit and
conduct simultaneous or concurrent negotiations with one or more firms.
SECTION THIRTEEN: Procurement of Design -Build Contracts.
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A. Procurements for the design and construction of public construction projects may be '^
obtained through a single contract with a design -build firm 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.
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 Purchasing 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.
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^ 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.
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.
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 Purchasing Ordinance, purchases of commodities and services
shall give preference to local businesses in the following manner:
(1) "Local Business " defined
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do
business within Collier County, and that identifies the business with a permanent physical
business address located within the limits of Collier County from which the vendor's
staff operates and performs business in an area zoned for the conduct of such business. A
Post Office Box or a facility that receives mail, or a non - permanent structure such as a
construction trailer, storage shed, or other non - permanent structure shall not be used for
the purpose of establishing said physical address. In addition to the foregoing, a vendor
shall not be considered a "local business" unless it contributes to the economic
development and well -being of Collier County in a verifiable and measurable way. This
may include, but not be limited to, the retention and expansion of employment
opportunities, support and 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
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compliance with the foregoing at the time of submitting their bid or proposal to be ^
eligible for consideration as a "local business" under this section. A vendor who
misrepresents the Local Preference status of its firm in a proposal or bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one
year.
(2) Preference in purchase of commodities and services by means of competitive bid,
request for proposals, qualifications or other submittals and competitive negotiation
and selection. Under any such applicable solicitation, bidders /proposers desiring to
receive local preference will be invited and required to affirmatively state and provide
documentation as set forth in the solicitation in support of their status as a local
business. Any bidder /proposer who fails to submit sufficient documentation with their
bid/proposal offer shall not be granted local preference consideration for the purposes
of that specific contract award. Except where federal or state law, or any other funding
source, mandates to the contrary, Collier County and its agencies and instrumentalities,
will give preference to local businesses in the following manner:
�� .
(a) Competitive bid (local price match option). Each formal competitive bid
solicitation shall clearly identify how the price order of the bids received will be
evaluated and determined. When a qualified and responsive, non -local business
submits the lowest price bid, and the bid submitted by one or more qualified and
responsive local businesses is within ten percent of the price submitted by the non -
local business, then the local business with the apparent lowest bid offer (i.e.; the
lowest local bidder) shall have the opportunity to submit, an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, 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
Purchasing Department shall determine 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 Purchasing Department 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, f r o in 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.
(a) Competitive bid (best and final offer option). Each formal 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 price bid, and the bid submitted by one or more qualified and
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n responsive local businesses is within ten (10) percent of the price submitted by the
non -local business, then the qualified and responsive non -local and all qualified and
responsive local businesses will be given an opportunity for a best and final offer.
In such instances, staff shall first verify if the lowest non -local bidder and the
lowest local bidder(s) are in fact qualified and responsive bidders and meet the
requirements of Section 287.087, F.S. Next, the Purchasing Department shall invite
the lowest non -local bidder and the lowest local bidder(s) within ten (10) percent
to submit a best and final offer to the Purchasing Department within five (5)
business days thereafter. The bidder who tenders the lowest best and final offer
shall be awarded the contract upon approval by the Board of County
Commissioners.
(b) 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.
(c) 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 10) or Competitive Selection and
Negotiation (Section 12) 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.
(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.
(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
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government to do business in that local government that authorizes the vendor to provide
the commodities and services to be purchased, and a physical business address located
within the limits of that local government. Post Office Boxes are not verifiable and shall
not be used for the purpose of establishing said physical address. In addition to the
foregoing, a vendor shall not be considered a "local business" unless it contributes to the
economic development and well -being of the said local government whichever is
applicable, in a verifiable and measurable way. This may include, but not be limited to, the
retention and expansion of employment opportunities, the support and increase to that local
government's tax base, and residency of employees and principals of the business
located within the limits of that local government. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible
for consideration as a "local business" under this section. In no event shall the amount of
the preference accorded other local government firms exceed the amount of preference
that such local government extends to Collier County firms competing for its contracts.
(6) Purview and administration of this Local Preference Policy. This policy shall apply to all
departments and units under the direct purview of the Board of County Commissioners.
For purchases of $50,000 or less, the Purchasing Department shall systematically encourage
departments 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
compliance with Fla. Stat. Sec. 218.70, otherwise know
Payment Act." Pursuant to this, the requirements of thi s
transactions:
The purchase of commodities and services;
2. The purchase or lease of personal property;
The lease of real property.
County Commissioners shall be in
n as the "Local Government Prompt
section shall apply to the following
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.
D. It shall be the responsibility of the County Manager, in consultation with the Clerk's
Finance Director and operating departments, 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:
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1. 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.
Steps required for the resolution of payment disputes between the County and a
vendor.
E. Each December, the Purchasing 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.
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 provided that such sufficient funds have been budgeted for the expenditures will be
included in the Purchasing Manual. 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 Purchasing Manual, the purchase of commodities may be
made by negotiation with the approval of the purchase by the Board.
B. Annually, the Board of County Commissioners will approve a list of authorized
purchasing cooperative organizations and governmental schedules and contracts. The
Purchasing Director may approve purchases using these approved cooperative organizations,
agreements and contracts with no further action required by the Board providing that funds have
been budgeted for these specific purposes.
Additionally, the Purchasing 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.
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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.
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 Purchasing
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.
C. Contract Changes: Notices issued under a purchase order or contract may be authorized
and executed by the Purchasing Director, except notices that terminate a Board- approved
purchase or contract in its entirety. Modifications to a Board approved purchase or contract,
including but not limited to change orders, direct material purchases, notices to proceed or non-
compliance, stop work notices, use of approved allowances between line items, supplemental
agreements, amendments and changes by letter may be authorized and executed by the
Purchasing Director provided that the change is not more than ten (10) percent of the current
Board approved dollar amount. Such changes shall be reported monthly to the Board for
approval by ratification. All material changes in scope of agreements must be approved by the
Board in advance.
The proviso at the end of the previous paragraph 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
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e*I'° department(s). Such purchases shall be subject to all other provisions of this Purchasing
Ordinance.
Notices that terminate an entire purchase or contract that was Board approved and contract
modifications that increase the total contract amount beyond the limits set forth above as
applicable, shall require the approval of the Board of County Commissioners. 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 Purchasing 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 Purchasing 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 Purchasing Director shall authorize and execute renewals of
contracts for commodities and /or services subject to the following conditions:
1. That the Contractor has performed in a satisfactory manner and that the
Purchasing Director has received a request to renew from the Contract or Project
Manager verifying the Contractor's satisfactory performance.
That the Board approved agreement 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.
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 (Purchases in Excess of $50,000) shall be authorized by the
Board of County Commissioners. Contracts below this threshold shall be subject to the review
and approval by the County Attorney staff and signed by the Purchasing Director.
G. Work Orders: The Purchasing 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.
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H. Consent to Assignments of Contract: For all contracts, the Board of County
Commissioners shall approve all assignments of contracts requested by the predecessor
contracting party.
I. Authority Limitation and Delegation, Promulgation of Procedures:
The Purchasing Director may delegate to one or more Purchasing Department employees any or
all aspects of the authority vested in the Purchasing Director.
All authority to execute documents that is vested pursuant to this Section 19 in the Purchasing
Director or any other person shall be subject to the limits of any applicable federal, state or other
law.
J. Payments to Contractors, Vendors and Consultants
Prior to the execution of a formal contract subject to this Purchasing Ordinance, the Purchasing
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 Purchasing 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 Purchasing 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 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 Purchasing Director's letter expressly sets forth the percentage of
cumulative retainage to be held for the remaining pay requests.
The Purchasing Director may authorize the partial release or payment of contract
retainage to the contractor prior to final completion of all project work provided that: �-.
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1. 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 Purchasing 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 Finance Department.
�— SECTION TWENTY -ONE: Unauthorized Purchases.
All purchases made shall be consistent and in compliance with the Purchasing Ordiance..
Any purchase or contract made contrary to the provisions hereof shall not necessarily be
approved and the County shall not be bound thereby.
In the event that a purchase transaction is found to be in violation of this Purchasing
Ordinance or the Purchasing Manual, the Purchasing Director shall determine the facts
pertaining to the transaction. In consultation with the division administrator and operating
department director, the Purchasing Director shall determine whether it is in the best interests of
the County to proceed with the purchase. If a determination is made to proceed with the
purchase, all such transactions shall require the approval of the Board.
SECTION TWENTY -TWO: Prohibition against Subdivision.
No contract or purchase shall be subdivided to avoid the requirements of this Purchasing
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
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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 Purchasing 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 party shall file a notice of intent to protest within three (3) days,
excluding weekends and County holidays, after the first publication, whether by posting or
formal advertisement of the solicitation. The formal written protest shall be filed within five (5)
days of the date the notice of intent is filed. Formal protests of the terms, conditions and
specifications shall contain all of the information required for formal protests of recommended
contract awards as set forth under subsection C. The Purchasing Director, shall render a decision
on the formal protest and determine whether postponement of the bid opening or
proposal /response closing time is appropriate. The Purchasing Director's decision shall be
considered final and conclusive unless the protesting party files an appeal of the Purchasing
Director's decision.
C. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for 111—N
Proposal who desires to protest a recommended contract award shall submit a notice of intent to
protest to the Purchasing 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 Purchasing 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 Purchasing 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:
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.
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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 parry'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 Purchasing Director shall not proceed further with the award of the contract until all
appropriate administrative remedies as delineated under this section have been exhausted or
until the Board of County Commissioners makes a determination on the record that the award of
a contract without delay is in the best interests of the County. During this process, the protesting
party shall limit their communications with the County to the Office of the County Attorney,
and neither the protesting party, their agents or their representatives shall have any private
contact or discussions with individual County Commissioners, the County Manager, other
County employees, or any independent hearing officer (where applicable) regarding the protest
except such communications as may be required or permitted during a hearing, if applicable, or
a meeting of the County Commission wherein the solicitation or award is to be considered.
F. The Purchasing Director shall review the merits of each timely protest and in consultation
with the contract manager and other appropriate County staff, issue a decision stating the reasons
for the decision and the protesting party's rights of appeal under this section. Said decision shall
be in writing and mailed or otherwise furnished to the protesting party. The decision of the
Purchasing Director shall be final and conclusive unless the protesting party delivers a
subsequent written notice of appeal to the Purchasing 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 Purchasing Director's decision, the protestor shall not introduce new
arguments or alter in any other way their protest submission. An appeal of the Purchasing
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.
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 Purchasing 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 Purchasing
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Director's decision, and supporting documents and evidence presented at the hearing. In any
hearing, irrelevant, immaterial or unduly repetitious evidence shall be excluded. All other
evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their
affairs shall be admissible whether or not such evidence would be admissible in a trial in the
courts of Florida. The Hearing Officer may grant the motion of any person having standing under
Florida law to intervene in the proceedings. Persons or parties shall have the right to be
represented by counsel in the proceedings, to call witnesses, and present evidence; provided,
however, that the Hearing Officer shall not have the right to compel attendance of witnesses or to
permit or compel any discovery.
The Hearing Officer will have a maximum of 60 days to schedule and conduct a hearing into the
matter and issue a recommended finding of fact and an opinion in writing to the County Manager
or designee for submission to the Board of County Commissioners. Should the Hearing Officer
find in favor of the County, the protesting party pay, in full, the costs of the Hearing Officer. If
the Hearing Officer's recommended decision is in favor of the protesting party, then the County
will assume this cost.
The County Manager's discretion as to whether to appoint a Hearing Officer shall in no way
afford the protestor the right to demand such an appointment or hearing. The decision of a
Hearing Officer on a protesting party's appeal shall be submitted to the Board for its
consideration as part of a final award decision. Nothing herein shall be construed as creating a
right of judicial review of the Hearing Officer's decision, nor shall such decision be binding
upon the Board. Additionally, nothing herein shall be construed as limiting the Board's right to
reject any and all bids or proposals.
H. Decisions of the Purchasing 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.
I. 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 Purchasing 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:
Estimated Contract Amount Filing Fee
$250,000 or less $500
$250,000.01 to $500,000 $1,000
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$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 Purchasing Director may arbitrate or mediate the claim or dispute or may
appoint an independent third party to do so within the authorization threshold limits of this
policy.
SECTION TWENTY -FIVE: Exigent Circumstances, Emergency and Board Absence
Purchases.
In case of an exigent circumstance, valid public emergency or during the Board's
extended recess session(s) whereby a purchase may exceed the threshold outlined in Section 9
the County Manager shall authorize the Purchasing 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.
The Purchasing 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 Department: The Purchasing Director shall authorize operating
departments to inspect all deliveries made to such operating departments under rules and
regulations which the Purchasing Director shall prescribe.
B. Testinsz: The Purchasing Director shall have the authority to require chemical and
n physical tests of samples submitted with bids and samples of deliveries which are necessary to
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determine their quality and conformance with specifications. In the performance of such tests, ^
the Purchasing 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 Purchasing Director shall be responsible for the overall management and operation
of the County's purchasing card program. 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, contract, travel related, and other purchases made according to Section Seven: Small
Purchases. The Purchasing Director shall be authorized to assign cards to employees for these
purchases. The Purchasing 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 Purchasing Director.
B. Monthl Spendin Lg imit: Not to exceed $10,000 per card unless otherwise authorized by
the Purchasing Director.
C. Strategic Purchases: The Purchasing 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:
1. Where the purchase is to address a valid public emergency; or
2. Where the County will earn revenue through card program rebates; or
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 the vendor with the appropriate tax exemption information when the card is
presented the cardholder may be responsible for payment of the tax.
It is the position of the Board that it is not cost effective or in the public interest to require a
cardholder to seek a credit for sales tax collected when the total sale does not exceed $300. In the
event that the total sale exceeds $300, the cardholder's Director is responsible to ensure the tax
is returned to the County for the purchase.
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In all such instances, the Purchasing 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 Purchasing Ordinance
A. Definition of Terms: For the purposes of this section, the following terms have been
defined as follows:
1. 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.
2. Civil Judgment 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, 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
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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 Purchasing Director to temporarily
disqualify a contractor from County contracting or County- approved
subcontracting pending action of the Board.
B. Suspension: The Purchasing 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 debarment as set forth herein. If a suspension
precedes a debarment, the suspension period shall be considered in determining the debarment
period. The suspension period shall not exceed 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.
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
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n 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 department requesting the suspension or debarment action
shall submit to the Purchasing Director a written complaint setting forth
the reason(s) for seeking debarment and shall identify a recommended
debarment period.
b. The Purchasing Director shall review the complaint, verify whether it is
compliant with the provision of this Purchasing 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 Purchasing 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.
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 Purchasing Director shall determine the
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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 Purchasing Director's
recommendation, the Contractor shall have a maximum of three business
days to file an appeal of the debarment decision with the Purchasing
Director. The appeal will be forwarded to and considered by the County
Manager, who will review the record compiled by the initiating
department and the contractor. Should the County Manager overturn the
Purchasing Director's decision; the County Manager shall formally cite the
reasons for doing so.
e. In the event that the contractor files a timely and complete reply to the
complaint and where the facts are in dispute, the Purchasing Director will
convene a committee (hereinafter referred to as "the committee ")
consisting of at least three individuals who will review the complaint and
the contractor's reply. The County Manager shall formally appoint the
committee, which will generally consist of county employees, none of
whom shall be a member of the department initiating the complaint. At
the discretion of the County Manager, a member from private industry
with a particular area of relevant expertise may be appointed to the
committee, provided that this member is not a direct or indirect competitor
of the firm in question. The Office of the County Attorney shall appoint a
representative to attend the 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
Purchasing 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 Purchasing Director shall chair the committee and serve as the
Purchasing Department's representative to the committee. The Purchasing
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 286.011 F.S.
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
preponderance of the evidence. Should the contractor fail to appear at the
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111—N 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 debarment, 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 Purchasing 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 Purchasing Director. The
appeal will be forwarded to and considered by the County Manager, who
will review the record compiled by the initiating department, the contractor
n and the committee. Should the County Manager overturn the committee's
decision; the County Manager shall formally cite the reasons for doing so.
Final recommendation for debarment shall be approved by the Board.
Debarment Period:
a. The committee shall recommend the period of debarment. The debarment
period shall be commensurate with the severity of the cause(s) and
approved by the Board.
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:
1) 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 Purchasing 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 Debarment:
a. Debarred contractors are excluded from receiving County contracts.
Departments 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 Purchasing Department shall notify all Board departments 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. Departments 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 agreement
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 Purchasing Director.
6. Restrictions on Subcontracting:
a. When a debarred contractor is proposed as a subcontractor for any
subcontract subject to County approval, the department shall not consent
to subcontracts with such contractors 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.
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b. 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.
7. The Scope of Debarment: Debarment applies to all officers, Directors, Managers,
principals, Purchasing Directors, partners, qualifiers, divisions or other
organizational elements of the debarred contractor, unless the debarment decision
is limited by its terms to specific divisions, organizational elements or
commodity /services. The committee's decision includes any existing affiliates of
the contractor if they are specifically named and are given written notice of the
proposed debarment and an opportunity to respond. Future affiliates of the
contractor are subject to the pre- existing terms of the committee's decision.
SECTION THIRTY: WAIVER OF ORDINANCE
The Board of County Commissioners shall have the authority to waive any and all
Purchasing Ordinance provisions within lawful guidelines and upon formal board action.
SECTION THIRTY -ONE: Conflict and Severability.
101IN In the event this Purchasing Ordinance conflicts with any other ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or portion of the
Purchasing 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 Purchasing Ordinance shall become and be made a part of the
Code of Laws and Ordinance of Collier County, Florida. The sections of the Purchasing
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 Purchasing 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 , 2013.
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ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
11/12/2013 12.A.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
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