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Agenda 08/12/2025 Item #17A (Continued to the 8/26/25 meeting - Repeal and relace Procurement Ord.)8/12/2025 Item # 17.A ID# 2024-2342 Executive Summary *** This advertised item is continued to the August 26, 2025, BCC Meeting. *** *** This item has been continued from the January 14, 2025, BCC Meeting. *** Recommendation to repeal and replace Procurement Ordinance No. 2013-69, as amended, with the attached updated Procurement Ordinance. OBJECTIVE: To approve repealing and replacing Ordinance No. 2013-69, as amended, commonly known as the Collier County Procurement Ordinance, with the attached updated Procurement Ordinance. CONSIDERATIONS: On December 10, 2013, the Board adopted Ordinance No. 2013-69, which was subsequently amended through the adoption of Ordinance No. 2015-37, Ordinance No. 2015-51, Ordinance No. 2016-11, Ordinance No. 2016-19, Ordinance No. 2017-08, Ordinance No. 2018-38, and Ordinance No. 2020-28. On December 10, 2024, the Board authorized the County Attorney to advertise the attached proposed Procurement Ordinance for adoption, along with the repeal and replacement of Ordinance No. 2013-69, as amended. Staff is recommending that the Board approve the attached proposed Procurement Ordinance, which would repeal and replace Ordinance No. 2013-69, as amended. The proposed new Procurement Ordinance updates the standard definitions of professional procurement terminology commonly used in County contracts and solicitations, increases the informal and competitive procurement thresholds to conform more with other similarly sized jurisdictions, allows for the Procurement Services Director to interpret the Ordinance and Procurement manual in administering the County’s procurement program, empowers the Procurement Services Division to establish processes to encourage cost savings programs and increase overall efficiency through data analysis, and provide training and counseling on proper contract administration methods. In addition, the proposed revisions enhance the ethical requirements of vendors and County employees concerning the solicitation and competitive selection of vendors and clarifies the permitted procurement methods and the authority to utilize those various methods based upon the first increase of the established competitive thresholds since June 23, 2015 (see Ordinance No. 2015-37). The proposed Ordinance is also slightly reorganized in a more logical fashion to allow greater readability and application by staff. The proposed Ordinance has been presented to County staff for feedback on several occasions, along with review and input from outside legal counsel, Bryant Miller Olive, P.A., and the Office of the County Attorney. The proposed Ordinance has been presented to the Office of the Clerk of Court and Comptroller for review and feedback and any additional suggested revisions from the Clerk will be presented for the Board’s consideration upon presentment for approval. A summary of significant changes to the proposed Ordinance is listed below for reference: • Applicability and Approved Thresholds Section: The County Manager's or designee's authority increases from $50,000 to $250,000. • Thresholds Section: o Single Quote/Small Purchases Threshold section increases the threshold from $3,000 to $10,000. o Informal Competition Threshold section increases the threshold range from $3,000 - $50,000 to $10,000 - $250,000, with a requirement for quotes with a value of $50,000 - $250,000 to be obtained through the County’s bidding platform. o Formal Competition Threshold section increases the threshold range from $50,000 to $250,000 and requires approval by the Board. • Ethics Section: o A conflict-of-interest section is included to align with Florida Statute and includes the application of a Page 3801 of 3949 8/12/2025 Item # 17.A ID# 2024-2342 cone of silence during the competitive solicitation process. • Alternative Methods Section: o The Exemption of Competition section has been updated to include additional categories and Board approval is aligned with the formal competition threshold. o The Waiver of Competition section removes the sole source definition to align with Florida Statute and Board approval is aligned with the formal competition threshold. o Emergency purchases are clarified and aligned with Florida Statute. • Formal Competitive Awards: o New section outlining the bidding process to align current and best practices, manuals, and procedures. • Purchasing Card Program Section: o The County Manager or designee shall be responsible for establishing the limits for single transactions and monthly spending limits as set forth in the Purchasing Card Manual. This section was updated to align with current and best practices, manuals, and procedures. • Contract Administration Section: o Change orders and amendments that increase the total contract by more than $250,000 from the original Board-approved amount will be presented to the Board for approval. All non-exempted under $250,000 will be presented for ratification through the Procurement Administrative Report. o The Procurement Services Director or designee will approve increases and decreases to Board-approved days. o Approval of contractual price adjustments aligns with underlying agreements and with the formal competition threshold. o Construction Agreements: o Retainage. In accordance with Section 218.735(8), Fla. Stat., the Board may reduce below 5% the amount of retainage withheld from each subsequent progress payment issued to a contractor where applicable. o Liquidated Damages. County Departments/Divisions shall obtain authority from the Board to waive the assessment of liquidated damages. o Consent to Assignments of Contracts. The County's authority for consent to assignment of a contract may be approved by the Procurement Services Director or designee. • Unauthorized Purchases Section: o The Board shall approve After-the-Fact Procurement forms for transactions exceeding the formal competition threshold and those under $250,000 will be presented to the Board for ratification through the Procurement Administrative Report. The Business Impact Estimate associated with the enactment of proposed ordinances is not required for this item because ordinances relating to procurement are exempt. (Florida Statutes, § 125.66(3)(c)(6)). This item is consistent with the Collier County strategic plan's objective to safeguard taxpayer money by promoting fiscal stewardship. Page 3802 of 3949 8/12/2025 Item # 17.A ID# 2024-2342 FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATIONS: That the Board repeal and replace Procurement Ordinance No. 2013-69, as amended, commonly known as the Collier County Procurement Ordinance, and adopt the attached updated Procurement Ordinance described above. (See attached copy of proposed Ordinance) PREPARED BY: Sandra Srnka, Director, Procurement Services Division ATTACHMENTS: 1. 2.Procurement Ordinance 2. 3. Proposed Procurement Manual 3. 4. Proposed Purchasing Card Manual 4. legal ad - agenda ID 24-2342 - amend Procurement Ord - 8.12.25 BCC Page 3803 of 3949 Page 3804 of 3949 Page 3805 of 3949 Page 3806 of 3949 Page 3807 of 3949 Page 3808 of 3949 Page 3809 of 3949 Page 3810 of 3949 Page 3811 of 3949 Page 3812 of 3949 Page 3813 of 3949 Page 3814 of 3949 Page 3815 of 3949 Page 3816 of 3949 Page 3817 of 3949 Page 3818 of 3949 Page 3819 of 3949 Page 3820 of 3949 Page 3821 of 3949 Page 3822 of 3949 Page 3823 of 3949 Page 3824 of 3949 Page 3825 of 3949 Page 3826 of 3949 Page 3827 of 3949 Page 3828 of 3949 Page 3829 of 3949 Page 3830 of 3949 Page 3831 of 3949 Page 3832 of 3949 Page 3833 of 3949 Page 3834 of 3949 Page 3835 of 3949 Page 3836 of 3949 Page 3837 of 3949 Page 3838 of 3949 Page 3839 of 3949 Page 3840 of 3949 Page 3841 of 3949 Page 3842 of 3949 Page 3843 of 3949 Page 3844 of 3949 Page 3845 of 3949 Page 3846 of 3949 Collier County Procurement Manual Procurement Services Division Page 3847 of 3949 Procurement Manual Version 1 (FY25) 1 INDEX #PAGE 0.APPROVAL 2 1.TITLE AND CITATION 3 2.PURPOSE 3 3.PROCUREMENT METHODS AND THRESHOLD SUMMARY 4 4.SMALL PURCHASES 4 5.INFORMAL COMPETITION 5 6.FORMAL COMPETITION 7 7.ALTERNATIVE PROCUREMENT METHODS 11 8.CONTRACT ADMINISTRATION 15 9.CONTRACT PLANNING 18 10.CONSTRUCTION AGREEMENTS 20 11.OTHER CONTRACTUAL DOCUMENTS 21 12.PAYMENT OF INVOICES 25 13.MONITORING CONTRACT PERFORMANCE AND DELIVERABLES 29 14.CONTRACT CLOSEOUT 30 15.UNAUTHORIZED PURCHASES 31 16.PROHIBITION AGAINST SUBDIVISION 32 17.SURPLUS 32 Page 3848 of 3949 Procurement Manual Version 1 (FY25) 2 APPROVAL Approval of this manual by the County Manager is pursuant to the Collier County Procurement Ordinance. Approved: _______________________________________ Amy Patterson, County Manager Effective Date: ________________________________________ By signing this Procurement Manual, the County Manager delegates to the Procurement Services Division Director the authority to act on his/her behalf in all procurement activities as they relate to this Procurement Manual. All authority to execute documents that is vested to the County Manager is hereby delegated to the Procurement Services Division Director or designee and shall be subject to the limits of any applicable federal, state, or other law. Modifications to this manual shall be effective when the revised document is approved in writing by the County Manager and a new effective date is assigned. Standard Operating Procedures (SOPs), guidelines, forms, and ancillary documents for the procurement process shall be effective with the approval of the Procurement Services Division Director or designee. All forms referenced in this document are available on the Procurement Services Division SharePoint intranet page and should be submitted via the Procurement Jira Ticketing System. Please note that all mentions of contractor also refer to vendor, consultant, and supplier. The Procurement Services Division Director or designee shall have the authority to interpret the Procurement Ordinance and Procurement Manual and may issue directives for that purpose. The authority to solicit for and enter into contracts provided herein requires strict compliance with the standards and procedures established in this Procurement Manual, Collier County Human Resources Administrative Practices and Procedures Manual (CMAs) and the Collier County Procurement Ordinance, as well as any applicable provisions of State or federal laws. Page 3849 of 3949 Procurement Manual Version 1 (FY25) 3 1. TITLE AND CITATION 1.1 This manual shall be known and may be cited as the "Collier County Procurement Manual" or "Procurement Manual." 2. PURPOSE 2.1 The purpose for this Procurement Manual is to provide uniform procedures for the procurement and contracting of commodities and contractual services in accordance with the Procurement Ordinance and State and federal law. 2.2 These procedures are designed to not only ensure compliance with the adopted Procurement Ordinance, but also maximize the purchasing value of public funds, maintain the integrity of the procurement process, and ensure that both the process and result are auditable. 2.3 Failure to comply with this Procurement Manual shall be deemed a violation and may be subject to administrative disciplinary action, following Collier County Government Human Resources procedures and guidelines, up to and including dismissal from Collier County Government employment. 2.4 This Procurement Manual applies to the procurement of all goods and services irrespective of the source of the funds. 2.5 Nothing within this Procurement Manual will prevent the County from complying with the terms and conditions of any grant, gift, or bequest that is otherwise consistent with law. 2.6 The reader is reminded to consider all the information in this Procurement Manual, as well as SOPs, forms, guidelines, and training materials available on the Procurement SharePoint intranet page, when undertaking procurement activities. 2.7 The requesting Departments/Divisions shall be responsible for the development of all plans and specifications sufficiently detailed to provide the basis for full and fair competitive solicitations. The Procurement Services Division will provide support and input during this process. 2.8 The Procurement Services Division may require the requesting Departments/Divisions to provide a market analysis prior to issuing a solicitation. 2.9 The availability of funds for the current fiscal year shall be confirmed prior to any transaction or execution of any contract. Page 3850 of 3949 Procurement Manual Version 1 (FY25) 4 3. PROCUREMENT METHODS AND THRESHOLD SUMMARY (Refer to Section Eleven of the Procurement Ordinance) A summary of the procurement methods and required threshold authorizations are provided below: Name of Competition Competition Threshold Minimum Procurement Method Type of Contract Issuing Party Approval Authority Small Purchases Single Quote $10,000 or less Single Quote Purchase Order or P-Card County Departments/ Divisions Procurement Services Division Director or designee Informal Competition Request for Quotes Exceeding $10,000 but not greater than $250,000 $10,000 - $50,000 Three written quotes either in writing or County’s bidding platform $50,000 - $250,000 Three quotes through County’s bidding platform Purchase Order, P-Card, or Contract County Departments/ Divisions Procurement Services Division Director or designee Formal Competition Exceeding $250,000 ITB, RFP, RPS, ITN, and IFQ Purchase Order, P-Card, or Contract Procurement Services Division Director or designee Board approval required for awards over $250,000 Unless otherwise provided by statutes, all County non-exempt procurements must be made in accordance with the chart above. Alternative Procurement Methods in Section Twelve of the Procurement Ordinance may be used instead of the method identified above, when applicable. A purchase shall not be artificially divided or split to qualify under any other section of the Procurement Ordinance. 4. SMALL PURCHASES (Refer to Section Eight of the Procurement Ordinance) 4.1 Small Purchases Threshold. $10,000 or less. 4.2 Single Quote. Unless otherwise provided by law, all small purchases will be obtained by a single quote, with documentation, and generally be processed using a Purchase Order or a P-Card, in accordance with Section Seventeen of the Procurement Ordinance. County Department/Division staff will procure the highest quality items or services at the least expense to the County. Page 3851 of 3949 Procurement Manual Version 1 (FY25) 5 4.3 County Department/Division staff should make all reasonable efforts to purchase goods and services under Board-approved contracts. In the event a contract is not utilized, staff will procure the highest quality items or services at the least expense to the County. 4.4 Departments/Divisions will seek the best value for the purchase and attempt to combine like purchases for cost centers under the Division’s control and will ensure that the purchase supports the mission of the Division. 4.5 The Procurement Services Division Director or designee may, for strategic purchasing reasons, direct all purchases of a specific nature (for example, office supplies or industrial supplies) to one or more specific vendors regardless of the individual or aggregate purchasing volume. 5. INFORMAL COMPETITION (Refer to Section Nine of the Procurement Ordinance) 5.1 Informal Competition Threshold. Unless otherwise provided by law, purchases in excess of $10,000 but not greater than $250,000. 5.2 Request for Quotes. Department/Division or Procurement Services Division staff shall obtain at least three (3) documented competitive quotes from responsible and responsive bidders. 5.2.1 Competitive quotes exceeding $10,000 but not greater than $50,000 may be solicited in writing or through the County’s bidding platform. 5.2.2 Competitive quotes exceeding $50,000 but not greater than $250,000 shall be solicited through the County’s bidding platform, unless otherwise approved by the Procurement Services Director or designee. 5.2.2.1 Staff using the County’s bidding platform to obtain quotes must complete training provided by the Procurement Services Division. 5.2.2.2 When utilizing the bidding platform, Staff is responsible for selecting the appropriate commodity codes to ensure fair competition. 5.2.2.3 Department/Division staff must advertise for a minimum of ten (10) calendar days and monitor bid submittals. As the Request for Quote bid submittal due date and time approaches, if three (3) quotes are not received, the due date shall be extended by seven (7) calendar days to promote competition, unless otherwise approved by the Procurement Director, or designee. Page 3852 of 3949 Procurement Manual Version 1 (FY25) 6 5.3 When Departments/Divisions are unsuccessful in securing three (3) comparable quotes, the Departments/Divisions will seek the assistance of the Procurement Services Division. In instances determined by the Procurement Services Division Director or designee that a good faith effort was conducted, an award may be made with fewer than three (3) quotes. 5.4 Departments/Divisions will seek the lowest quote obtained (based on the unit or total price identified in the quote) from the responsive (submits all information requested, agrees to meet timeline, terms, conditions, etc.) and responsible bidder (has references that check out, current licenses, certifications, demonstrated years of experience with equipment and staff to perform the work, etc.). 5.5 All written quotes will be valid for up to thirty (30) calendar days prior to issuance of a Purchase Order, unless otherwise stated in writing by the vendor. 5.6 Any resulting awards shall be to the responsible and responsive bidder submitting the lowest or best overall quote which meets all specifications. 5.6.1 Final recommended award of any quote will be reviewed and approved by the Procurement Services Division Director or designee. 5.6.2 Only the Procurement Services Division staff may issue a qualification-based quote. 5.7 Section Twenty-Four, Protest of Bid or Proposal Award, of the Procurement Ordinance, does not apply to informal competitive quotes. 5.8 Departments/Divisions who are requesting quotes are to conduct themselves fairly and equitably by providing the same information, under the same conditions, to all vendors in a fair and open competitive process. 5.9 In the event the County has an approved contract available for utilization, Department/Division staff should make all reasonable efforts to purchase goods and services under the approved contract, unless staff demonstrates that the price under contract exceeds the price on a non- contract; staff will procure the highest quality items or services at the least expense to the County. 5.10 The Procurement Services Division may recommend that additional sourcing and soliciting are required by either the Departments/Divisions or by the Procurement Services Division Staff. Page 3853 of 3949 Procurement Manual Version 1 (FY25) 7 6. FORMAL COMPETITION (Refer to Sections Ten and Eleven of the Procurement Ordinance) 6.1 Formal Competition Threshold. Unless otherwise provided by law, all purchases exceeding $250,000 will be competitively procured by Invitation to Bid (ITB), Invitation to Negotiate (ITN), Invitation for Qualifications (IFQ), Request for Proposals (RFP), or Request for Professional Services (RPS) issued by the Procurement Services Division Director or designee, and any subsequent award shall be approved by the Board. 6.2 In addition to the procurement methods authorized elsewhere in the Procurement Ordinance, Collier County shall competitively award construction contracts pursuant to Section 255.20, Fla. Stat. when required, and other applicable law. 6.3 Unless otherwise provided by law, the minimum advertising period for all formal competitive solicitation methods is thirty (30) calendar days, with the exception of construction services which are advertised for forty-five (45) calendar days. The advertising period may be modified by the Procurement Services Division Director or designee should unusual circumstances require it. All advertising will take place on the County’s adopted bidding platform, and the County may make use of additional advertising platforms or publications as is deemed necessary by the Procurement Services Division Director or designee. 6.4 Each solicitation shall be awarded based on the criteria set forth in the solicitation. 6.5 For Invitations to Bid, the solicitation shall be awarded to the responsive and responsible bidder submitting the lowest or best overall bid which meets all specifications. 6.5.1 Local Vendor Preference and tie breaker procedures are outlined in Section Sixteen of the Procurement Ordinance. 6.5.2 Should a tie bid occur between two non-local bidders, the Procurement Services Division Director or designee will "flip a coin" between the two lowest local bidders or draw lots with a minimum of three witnesses when there is a tie among more than two local bidders. The winner will be recommended for award of the contract. 6.6 For Requests for Proposals, Requests for Professional Services, Invitations for Qualifications, and Invitations to Negotiate, the following applies: 6.6.1 The solicitations shall be awarded based upon the scoring criteria as set forth in the solicitation documents, to the responsive and responsible proposer(s) who, in the sole Page 3854 of 3949 Procurement Manual Version 1 (FY25) 8 opinion of the evaluation committee, is determined to be the most qualified to perform the work. 6.6.2 The evaluation committee, whose composition is approved by the Procurement Services Division Director or designee, will be comprised of voting members that may have technical assistance from non-voting members, and have their committee activities facilitated by a member of the Procurement Services Division. 6.6.3 Solicitations may be conducted in one or more steps and may involve oral presentations or demonstrations by the proposers. 6.6.4 The determination of the award is made by the following: 6.6.4.1 A “short listing” of proposers is established by using the scoring criteria outlined in the solicitation. 6.6.4.2 The short listing is followed by oral presentations, if required, at which point the evaluation committee ranks the short-listed proposers in a final order of preference using a standardized ranking form. 6.6.4.3 The final ranking shall be determined without regard to the score established during the first evaluation (“short listing”). 6.6.5 At the conclusion of both the scoring and ranking evaluation committee meetings, the results which may include standardized score/rank sheets, meeting minutes, and audio recordings will be preserved by the Procurement staff member facilitating the evaluation committee proceedings. 6.6.6 In the event of a tie at the final ranking, the order of ranking shall be determined based upon the proposer(s) with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the proposal submittal deadline. Payment information will be retrieved from the County’s financial system (SAP). The tie breaking procedure is only applied in the final ranking step of the selection process. 6.6.7 In the event a tie still exists, ranking will be determined based on a coin toss selection by the Procurement Services Division Director or designee before at least three (3) witnesses. 6.6.8 A Notice of Recommended Award (NORA) indicating the final ranking order of the proposers will be posted on the County’s bidding platform. The County will begin Page 3855 of 3949 Procurement Manual Version 1 (FY25) 9 negotiations with the number one ranked firm, or in the event that there are more than one firm or multiple firms being awarded, the County may negotiate with all firms being recommended for award. In the event the County is unsuccessful with the number one ranked firm, the County will continue negotiating with the remaining firms in the order ranked. Board approval of the final ranking may be required prior to the commencement of negotiations. 6.7 Professional Services Library 6.7.1 A Request for Professional Services shall be issued by the Procurement Services Division Director or designee to procure professional engineering, architectural, landscape architectural, or surveying and mapping services, in accordance with the Consultants' Competitive Negotiation Act (CCNA), Section 287.055, Fla. Stat. An RPS can be issued and awarded for either a Continuing Contract or for a single project contract as described in Section 287.055, Fla. Stat. 6.7.2 The County will maintain a “Professional Services Library” as its repository for consultants under continuing contracts solicited under the provisions of Section 287.055)(2)(g) (“continuing contract”). The library is used to award work assignments for professional engineering, architectural, landscape architectural, or surveying and mapping services on an on-going basis through the use of continuing contracts. 6.7.3 The Professional Services Library must be used if the services needed are included in the Professional Services Library and the resulting construction or study costs meet the requirements of Section 287.055, Fla. Stat. 6.7.4 If the services are not included in the Professional Services Library, the Procurement Services Division will issue a formal solicitation, or pursue services as outlined in Section 287.055, Fla. Stat. as determined by the Procurement Services Division Director or designee. 6.7.5 The County reserves the right to confirm a consultant’s qualifications in order to remain in the library for each service category. Consultants unable to meet minimum qualifications may be removed from the service category. Page 3856 of 3949 Procurement Manual Version 1 (FY25) 10 6.8 Professional Services Library Rotation 6.8.1 Work assignments within each service category are awarded on a rotational basis by the Procurement Services Division. 6.8.2 For each service category, the Procurement Services Division will place qualifying firms in the Professional Services Library in the order they are ranked, with the highest scoring firm placed in the first position in the rotation. 6.8.3 As each work assignment is identified, the next firm in the rotation will be offered the opportunity to negotiate that work assignment with the County’s Administrative Agent/Project Manager. 6.8.4 Should a firm decline a work assignment or be unable to reach a satisfactory fee negotiation with the County within a reasonable time frame, the County will contact the next firm on the list until the work assignment is successfully negotiated. 6.8.5 Firms will have the option of rejecting one work assignment within each service category within a twelve (12) month period without penalty. A second work assignment rejection within any twelve (12) month period will cause the firm to be skipped in the rotation. A firm who rejects three (3) work assignments or is unable to satisfactorily negotiate three work assignments in any twelve (12) month period may be removed from the service category at the direction of the Procurement Services Division Director or designee. 6.8.6 If a consultant wishes to reject a work assignment for any reason, they must complete a Work Assignment Rejection Notification Form. The County’s Administrative Agent/Project Manager must then provide a copy of the completed form to the Procurement Services Division. 6.8.7 Once a full rotation through all firms in a service category is complete, a method that attempts to impart an equitable distribution of work among selected firms will be based on prior dollars awarded, with the consultants having received the least amount of dollars being considered for the next work assignment. 6.9. Professional Services Library - Direct Selection 6.9.1 For work assignments requiring unique experience or knowledge, including past experience on another phase of the project, the Departments/Divisions may formally request permission to forego the rotation and select a specific consultant. Page 3857 of 3949 Procurement Manual Version 1 (FY25) 11 6.9.2 This request will require the Departments/Divisions to submit a Direct Select Form to the Procurement Services Division. Consultants that are directly selected for a work assignment as a result of this process shall be passed on their next scheduled turn in the rotation. 6.9.3 The Professional Services Library content for each service category is posted on the Procurement Services Division SharePoint intranet page. 7. ALTERNATIVE PROCUREMENT METHODS (Refer to Section Twelve of the Procurement Ordinance) 7.1 Emergency Procurements 7.1.1 Departments/Divisions must submit a completed Emergency Purchase Order form to the Procurement Servies Director. Upon approval by the Procurement Services Division Director or designee and the Collier County Manager or designee, the emergency purchase may be made either through the issuance of a Purchase Order or P-Card. All other requisition requirements still apply. 7.1.2 If utilizing a County pre-approved contract, all contractual terms, conditions, and fee schedules must be strictly adhered to as outlined in the underlying contract. 7.1.3 Emergency procurements will be reported via an administrative report to the Board by the Procurement Services Division at the next available Board meeting. 7.2 Declared State of Local Emergency 7.2.1 During a declared state of local emergency, standard procurement procedures and requirements will be suspended. Departments/Divisions must adhere to the emergency procurement procedures as outlined by the Procurement Services Division. Approval of emergency purchases will be conducted in strict alignment with applicable State and federal laws. 7.2.2 If utilizing a County pre-approved contract, all contractual terms, conditions, and fee schedules must be strictly adhered to as outlined in the underlying contract. 7.2.3 Departments/Divisions are also responsible for ensuring that contractor selection remains fair, equitable, and transparent throughout the process. Page 3858 of 3949 Procurement Manual Version 1 (FY25) 12 7.3. Exemption to the Competitive Process 7.3.1 The Departments/Divisions seeking an exemption shall complete an Exemption from the Competition Process form, and if applicable, an executive summary, and submit it to the Procurement Services Division for review. 7.3.2 The exemption will be approved by the Procurement Services Division Director or designee if it is determined that the exemption is in the best interest of the County. 7.3.3 The Board shall approve the expenditure for an exemption that has a value more than the formal competition threshold. 7.3.4 Exemptions are valid for a period approved by the Procurement Services Division Director or designee and/or the Board. 7.3.5 Contracts may be required for exemptions if deemed necessary by the Procurement Services Division Director or designee. 7.3.6 In all cases, the requesting Departments/Divisions shall strive to obtain best value from a vendor when obtaining goods and services under an exemption. 7.3.7 Should the Procurement Services Division Director or designee determine that the request is not eligible for exemption and/or that it would be in the best interest of the County to conduct a competitive process, the Departments/Divisions will be required to work with Procurement staff on an appropriate procurement method. 7.3.8 Refer to the Exemptions of Competition Guidelines available on the Procurement SharePoint intranet page. 7.4. Waiver to the Competitive Process 7.4.1 Single source procurements are defined as commodities or contractual services that are available only from a single source, or the use of such source is both economically and operationally in the County’s best interest. 7.4.2 Single source procurements may be eligible for the wavier to the competitive process if the Procurement Services Division Director or designee determines it to be in the best interest of the County. 7.4.3 Single source commodities or contractual services must be available only from contractors who are uniquely qualified. Page 3859 of 3949 Procurement Manual Version 1 (FY25) 13 7.4.4 The single source purchase should be for the only good or service that will produce the desired results, or is the most appropriate for the given situation, or is available from only one source of supply, or the use of such source is both economically and operationally in the County’s best interest. 7.4.5 The Board shall approve the expenditure of a Waiver of Competition with a value more than the formal competition threshold. Departments/Divisions are responsible to obtain said approval. 7.4.6 Waivers are valid for a period approved by the Procurement Services Division Director or designee and/or the Board. 7.4.7 If the request cannot be granted, the Procurement Services Division Director or designee will direct the requestor to work with Procurement Staff to utilize an alternative acquisition method. 7.4.8 Contracts may be required for waiver of competition purchases if deemed necessary by the Procurement Services Division Director or designee. 7.4.9 Refer to the Waiver of Competition Guidelines available on the Procurement SharePoint intranet page. 7.5 Cooperative Purchasing and Piggybacking 7.5.1 The Departments/Divisions seeking to utilize a Cooperative Agreement shall complete and submit a Cooperative Purchasing Request Form along with required supporting documentation as indicated on the form to the Procurement Services Division. 7.5.2 Cooperative Purchasing - the Procurement Services Division Director or designee shall have the authority to procure goods or services from the Board-approved nationally or State recognized cooperative purchasing program. 7.5.3 Piggybacking - the Procurement Services Division Director or designee shall have the authority to procure goods or services from vendors who have been selected, as a result of a competitive selection process for a federal, State, or municipal government, or any other government agency, political subdivision, or government-related association, provided that the originating entity utilized a competitive process similar to Collier County's. Page 3860 of 3949 Procurement Manual Version 1 (FY25) 14 7.5.3.1 The solicitation process must be substantially equivalent to the process used by the County. 7.5.3.2 The contract must be active (not expired) and be able to be completed within the term of the underlying contract. 7.5.3.3 The products or services needed must be specifically identified within the scope of the contract. 7.5.3.4 The vendor must agree to extend the contract terms and pricing to the County. 7.5.3.5 Contracts for the professional services identified in Section 287.055, Fla. Stat., may not be piggybacked. 7.6 Standardization 7.6.1 Where standardization is determined to be desirable by the Board, the purchase of commodities may be negotiated directly with a particular vendor with the advance approval of such purchase by the Board. 7.6.2 Standardization may be the result of a formal evaluation process facilitated by the Procurement Services Division or the recognition of the historical use of a product as determined by the Procurement Services Division. 7.6.3 The Departments/Divisions seeking standardization shall complete and submit a Standardization Request Form to the Procurement Services Division. Approved Standardization requests may result in the need for a single source and may require further Board approval. 7.7. Requests for Information (RFI) 7.7.1 An RFI shall be issued by the Procurement Services Division Director or designee when it is in Collier County’s best interest to request information from potential vendors prior to the issuance of a planned solicitation, or prior to approval of a standardization request. 7.7.2 An RFI is used to collect comments and obtain input from the marketplace. Information submitted by vendors in response to an RFI may be used to develop specifications to be included in a future solicitation. The RFI may include criteria for purposes of formally evaluating a standardization request as referenced in this Procurement Manual. Page 3861 of 3949 Procurement Manual Version 1 (FY25) 15 7.7.3 Pricing is not requested during the RFI process. 7.7.4 An award is not made as a direct result of an RFI. 8. CONTRACT ADMINISTRATION (Refer to Section Twenty of the Procurement Ordinance) 8.1 Purpose. 8.1.1 The purpose of this section is to provide the steps necessary for the administration of contracts entered into by the County. 8.1.2 This section is designed to advise employees of County procedures to ensure compliance with laws, rules, procedures, and regulations. 8.1.3 Proper contract administration protects the rights of the parties and ensures that obligations of the parties are met. 8.1.4 Collier County contracts shall be administered in accordance with procedures established in this Procurement Manual, the Collier County Procurement Ordinance, Section Twenty, Contract Administration, and any applicable State and federal law provisions. 8.1.5 The requirements herein serve as a guide in the administration of County contracts. If the terms of a Collier County contract differ, conflict, or are inconsistent with this Procurement Manual, the solicitation, or the Purchase Order, the documents shall be given precedence in the following order: 8.1.5.1 Procurement Ordinance. 8.1.5.2 Contract. 8.1.5.3 Solicitation. 8.1.5.4 Purchase Order. 8.1.5.5 Procurement Manual. 8.2 Contract Document. Contracts are generally created under any of the following circumstances: 8.2.1 Construction services and on-site services where the County prefers a contract and deems it in the best interest and protection of the County. Page 3862 of 3949 Procurement Manual Version 1 (FY25) 16 8.2.2 For the procurement of commodities or services resulting from formal competition exceeding $250,000. 8.2.3 If it is in the best interest of the County to memorialize details of the transaction, or if an expenditure would benefit from specific written terms and conditions. 8.2.4 When required by law, policy, or other established regulations. 8.3 Pursuant to the Procurement Ordinance, Section Twenty, every procurement of services shall be administered by the requesting Agency/Department/Division through an appointed Contract Administrative Agent/Project Manager. 8.4 Roles and Responsibilities: The originating Division Director is accountable for all contracts within his/her designated authority. The Division Director is responsible for the following, as applicable: 8.4.1 Designating a Contract Administrative Agent/Project Manager for every contract under the division. 8.4.2 In cases where two or more Divisions are responsible for a contract, the parties will select a Contract Administrative Agent/Project Manager to serve on behalf of the Divisions. 8.4.3 Ensuring that the designated Contract Administrative Agent/Project Manager has a thorough understanding of the terms and conditions of the contract and effectively manages the contract in accordance with County procedures. 8.4.4 Reviewing work orders, change orders, and amendments to confirm that the scope is in accordance with the scope of the contract. 8.4.5 Approving work orders, change orders, amendments and price adjustments in accordance with County procedures. 8.5 Contract Administrative Agent/Project Manager. Unless otherwise noted, the Contract Administrative Agent/Project Manager is responsible for the following, as applicable: 8.5.1 Proper contract management and administration process. 8.5.2 Developing the contract/project scope and specifications. Page 3863 of 3949 Procurement Manual Version 1 (FY25) 17 8.5.3 Completing the necessary steps to request a new solicitation with the Procurement Services Division. 8.5.4 Participating in the development of the contract and writing draft documents for approval through the appropriate County procedures. 8.5.5 Consulting with other Divisions that may be affected by the contract. 8.5.6 Recommending an annual expenditure cap for the contract. 8.5.7 Establishing a project kick-off meeting, if applicable, once a contract is approved. 8.5.8 Managing contractor performance in accordance with the established terms and conditions. 8.5.9 Managing, approving, and documenting any changes (change orders, amendment, and work orders) to the contract. 8.5.10 Initiating and participating in requests for termination, renewals, extensions, and amendments to the contract. 8.5.11 Collaboration with the Procurement Services Division to ensure that insurance certificates and bonds are on file and current. 8.5.12 Initiating “Corrective Action” when the contractor is not in compliance with terms of contract. 8.5.13 Communicating contract deficiencies to the Procurement Contract Manager, Contractor, and the Operating Division Director, and appropriate County officials in a timely manner and in accordance with County procedures. 8.5.14 Approving project reports and invoices for payment, unless that authority has been designated to another person. 8.5.15 Completing closeout and vendor performance evaluations. 8.5.16 Collaborating with the vendor and the Clerk’s Finance Office to timely process payments and/or resolve payment issues. 8.6.4. The Contract Administrative Agent/Project Manager is not authorized to: 8.6.1 Instruct the contractor to start work or provide services before the contract is fully executed and a Purchase Order has been issued. Page 3864 of 3949 Procurement Manual Version 1 (FY25) 18 8.6.2 Change the scope of the contract/work order without doing so through a formal amendment or change order. 8.6.3 Direct the contractor to perform work that is not specifically described and funded by the contract/work order. 8.6.4 Extend the term of the contract/work order without an approved amendment or change order, unless otherwise approved in the contract. 8.6.5 Authorize the contractor to incur any additional costs over the contract limit set by the contract/work order, unless approved in accordance with the County’s approved procedures. 8.6.6 Order or direct the contractor to supply goods and services not specifically itemized in the agreement through the required change order or amendment. 8.7 Procurement Contract Manager. The Procurement Services Division provides contract oversight to ensure that contracts and related documents presented for approval to the Board and/or County Manager or designee comply with applicable State and federal laws, and County policies and procedures. The Procurement Contract Manager is responsible for developing, implementing, distributing and revising the contract templates, SOPs, guidelines, contract administration training materials, and other contractual document templates and ancillary forms; oversight of the contract renewal and extension process; preparation and routing of contract amendments and assumption agreements; providing guidance on corrective action methods and terminations; assisting with the interpretation and application of County, State, federal or other contract policies; coordinating with the County Attorney’s Office, and offering training and technical assistance services to the Department/Division staff. 9. CONTRACT PLANNING 9.1 The contract management process begins with a Division providing a clear and concise performance-based scope of work or contract specifications to the Procurement Services Division. Page 3865 of 3949 Procurement Manual Version 1 (FY25) 19 9.2 Generally, a scope of work refers to services being provided, while contract specifications refer to items that are going to be received. In either case, the scope of work or contract specifications should be the road map for successful contract management and administration. 9.3 Planning for an effective contract administration process occurs prior to issuance of the solicitation or creating a contract. 9.4 At a minimum, the scope of work or contract specifications should: 9.4.1 Establish the County’s requirements. 9.4.2 Provide a shared understanding of each party’s responsibilities. 9.4.3 Include specific terms to evaluate the performance of the contract. 9.4.4 Form the basis for contract administration and management. 9.4.5 Be clear, complete, concise, and consistent, and written in plain English that is understandable to lay readers. 9.5 Efficient contract administration ensures that the contract requirements are satisfied, the goods and services are delivered in a timely manner, and the financial interests of the County are protected. Effective contract administration minimizes or eliminates problems and potential claims and disputes. 9.6 All contracts, including terms and conditions, are to be submitted to the Procurement Services Division for inclusion of County acceptable clauses. 9.7 Direct Material Purchasing Program - direct material purchases are a cost-savings measure to achieve sales tax savings through the County’s sales tax exemption by purchasing materials directly from a supplier or vendor. Refer to the Direct Material Purchase Guidelines available on the Procurement SharePoint intranet page. 9.8 Change Orders. 9.8.1 The Contract Administrative Agent/Project Manager will complete the Change Order Form and submit it to the Procurement Services Division with an executive summary, if applicable. 9.8.2 Refer to the Change Order Guidelines available on the Procurement SharePoint intranet page. Page 3866 of 3949 Procurement Manual Version 1 (FY25) 20 9.9 Amendments. The Contract Administrative Agent/Project Manager will complete the Contract Amendment Request form and submit it to the Procurement Services Division with an executive summary, if applicable. 9.9.1 The Procurement Services Division prepares the amendment for review and approval by the County Attorney’s Office. 9.9.2 All contract amendments must be in writing and approved by all appropriate parties. 9.9.2.1 The Procurement Services Division routes contract amendments to the vendor for signature and, if applicable, to the Clerk of the Circuit Court for recording and uploading to SAP. 9.10 Price Adjustments - the Departments/Divisions are responsible for submitting a Price Increase Request form to the Procurement Services Division. 9.11 Contract Renewals and Extensions - the Departments/Divisions are responsible for monitoring contract terms. To request a renewal or extension, the Contract Renewal or Extension Request form must be completed and submitted to the Procurement Services Division. 10. CONSTRUCTION AGREEMENTS 10.1 Retainage - in accordance with Section 218.735(8)(a), Fla. Stat., the Board may withhold an amount not exceeding 5% of the payment as retainage from each progress payment issued to a contractor, where applicable. 10.1.1 Should the Departments/Divisions recommend a reduction to the percentage of cumulative retainage, the request shall be subject to the following: 10.1.1.1 Whether the contractor has performed in a satisfactory manner. 10.1.1.2 Outstanding claims or disputes. 10.1.1.3 Contract Balance. 10.1.1.4 Retainage Balance. 10.1.1.5 Date that the Certificate of Substantial Completion with punch list was fully executed. 10.1.1.6 Date of Final Completion. 10.1.1.7 Amount of any liquidated damages assessed or intend to waive. Page 3867 of 3949 Procurement Manual Version 1 (FY25) 21 10.1.2 The Departments/Divisions shall obtain approval from the Board to reduce less than 5% of the retainage. Any decision to reduce retainage shall be formally communicated by letter to the contractor's representative. The letter shall affirmatively state that the contractor has satisfactorily performed the contract work. 10.2 Liquidated Damages - Departments/Divisions shall obtain approval from the Board to waive the assessment of liquidated damages. 10.3 Consent to Assignments of Contracts - the Departments/Divisions must inform the Procurement Services Division upon notification of a legal change in ownership. 10.3.1 The County's authority for consent to assignment of a contract may be approved by the Procurement Services Division Director or designee. 10.3.2 The Procurement Services Division is responsible for the development and processing of the assumption agreement. 10.4 Contract Terminations - the Departments/Divisions desiring to terminate a contract must submit a Contract Termination Request to the Procurement Services Division. Notices that terminate in its entirety a Board-approved purchase or contract must be approved by the Board prior to its termination, unless otherwise provided in the contract. 11. OTHER CONTRACTUAL DOCUMENTS 11.1 Notice to Proceed (NTP) - a formal letter issued by the Contract Administrative Agent/Project Manager on behalf of the County to the contractor/consultant, authorizing them to begin work on the project. It marks the official start of the project and often specifies: •Start Date - the exact date when the contractor/consultant is required to commence work. •Contract Time - the number of days or the time within which the work must be completed, as per the terms of the agreement, Substantial Completion Date (Construction), or Final Completion Date (Design/Consulting). 11.1.1 In a project specific construction agreement, the original Substantial Completion Date is the number of days identified in the agreement and then formalized with a date in the Notice to Proceed. If situations arise where days should be added to allow the Page 3868 of 3949 Procurement Manual Version 1 (FY25) 22 construction to reach the Substantial Completion Date, then a Change Order (or Change Orders) should be processed prior to the Substantial Completion Date. Change Orders processed to extend the Substantial Completion Date will also extend the Final Completion Date. 11.1.2 The NTP is crucial because it marks the beginning of the contract performance period and may be tied to deadlines, payment schedules, and liquidated damages pursuant to the agreement's terms. 11.1.3 NTPs will be submitted by the Departments/Divisions through the Jira ticketing system to the Procurement Services Division. The Procurement Services Division will validate and upload the NTP to SAP. 11.1.4 A Limited Notice to Proceed (LNTP) may be issued prior to commencement of work on construction projects where there may be long lead times for ordering materials. This will not impact the contract completion days and should not be issued for any billable work. 11.2 Stop and Start Letters - a formal project communication that directs the contractor/consultant to temporarily halt or resume work. The Contract Administrative Agent/Project Manager issues these letters to the contractor/consultant. The letters should not be issued for purposes of circumventing the terms of the contract or initial completion time, such as issuing a stop letter on Friday at 5:00 p.m. and issuing a start letter on Monday at 8:00 a.m. or holidays. 11.2.1 Stop Letter - a written directive in the form of a letter issued to the contractor/consultant to cease work, usually due to safety concerns, changes in project scope, contract disputes, or unforeseen issues like regulatory compliance, weather events, or environmental concerns. 11.2.1.1 The stop letter includes the effective date and reasons for the stoppage, the scope of work affected, any required actions before resuming work, and remaining days for completion upon notice to resume the work. The Departments/Divisions will electronically submit the letter through the Jira ticketing system to the Procurement Services Division. The Procurement Services Division will validate and upload the letter to SAP. Page 3869 of 3949 Procurement Manual Version 1 (FY25) 23 11.2.2 Start Letter (resume work) - a follow-up written directive in the form of a letter authorizing the contractor/consultant to recommence services after resolving the stoppage issues. 11.2.2.1 The start letter provides a new timeline for project completion, deadline adjustments, or contract modifications, if necessary. 11.2.2.2 The Departments/Divisions will submit the start letter through the Jira system to the Procurement Services Division. The Procurement Services Division will validate and upload the letter to SAP. 11.3 Work Orders. 11.3.1 The Contract Administrative Agent/Project Manager must comply with the terms of an approved continuing contract or agreement, which authorizes a contractor/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 continuing contract or agreement, and all work performed must fall within the scope and term of the underlying master agreement. 11.3.2 Work Assignments through the Professional Services Library are administered by the Procurement Services Division under the protocol of the Procurement Manual, Section Six. The Contract Administrative Agent/Project Manager will comply with the rotation process established in the contract and in the Procurement Manual, Section Six. 11.3.3 Work Orders requiring Board approval are reviewed by Procurement in the County’s Agenda System. If applicable, a Notice to Proceed will also be issued. All others are reviewed and approved by the Procurement Services Division through SAP. 11.4 Work Directive. 11.4.1 A Written Directive, also referred to as a Work Directive, shall mean a written directive issued by the Contract Administrative Agent/Project Manager to a contractor, when allowed for under the terms of the contract, in an instance where the parties cannot agree on price and/or costs associated with work arising from differing, unforeseen or emergency site conditions and the work in question is part of the “critical path” of the Page 3870 of 3949 Procurement Manual Version 1 (FY25) 24 contract schedule. The contractor or subcontractor cannot perform the work before a work directive is issued. 11.4.2 Promptly after being notified of a change, the contractor shall submit an itemized not-to- exceed estimate of any cost or time increases or savings it foresees as a result of the change. A work directive should ultimately be followed up with an agreed upon Change Order. 11.4.3 The work directive must be executed by all the parties prior to the effective date. 11.4.4 A verbal Work Directive may only be issued in extraordinary emergencies when necessary to protect and promote the public interest, which shall be followed up with a written Work Directive within five (5) calendar days. 11.4.5 The Contract Administrative Agent/Project Manager shall process a Change Order resulting from the issuance of a Work Directive within sixty (60) calendar days, unless waived by the Procurement Director or designee. Regardless of the impact, the Contract Administrative Agent/Project Manager shall negotiate a Change Order with the contractor as follow-up to the work directive change. 11.5. Performance and Payment Bonds. (Refer to Section Twenty-One of the Procurement Ordinance) 11.5.1 The Procurement Services Division Director or designee shall determine if payment and performance bonds are required. All contracts for construction or repairs of public buildings and public works projects shall require payment and performance bonds in accordance with 255.05, Fla. Stat. 11.5.2 Payment and performance bonds shall be at least 100 percent of the contract amount, including any Owner’s allowance. 11.5.3 All required bonds shall be from a surety company authorized to do business in the State of Florida to guarantee the full and faithful performance of the contractual obligations and the payment of labor and material expended pursuant to the contract whenever and in such amounts as is deemed necessary by the Procurement Services Division. The surety shall meet the requirements of the Department of the Treasury Fiscal Service, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies.” An irrevocable letter of credit from a Page 3871 of 3949 Procurement Manual Version 1 (FY25) 25 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. 11.5.4 The vendor is required to record the payment and performance bonds and riders with the Collier County Clerk of Court and pay all associated costs. 11.5.5 All such bonds or letters of credit shall be approved as to form by the County Attorney and held by the Clerk's Board Minutes and Records Department. 11.5.6 For contracts that are not presented to the Board, Departments/Divisions are required to obtain the bond and include the recorded bond as part of the Purchase Order requisition. 11.6 Insurance. 11.6.1 Evidence of insurance is required of contractors to protect County assets, County employees, and the public from losses for property damage, bodily injury, loss of use, business interruption, and financial loss. 11.6.2 The amount of insurance coverage required for each contract will be specified by the County’s Risk Management Division. Insurance certificates will be required and reviewed by Risk prior to the approval of any contract. During the life of the contract, the contractor is required to maintain all the specified insurance requirements. For further reference, refer to the Insurance Requirements Guidelines available on the Procurement SharePoint intranet page. 12. PAYMENT OF INVOICES 12.1 Prior to the execution of a formal contract subject to the Procurement Ordinance and this Procurement Manual, the Procurement Services Division Director, or designee 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. 12.2 After the contract award, the County shall pay contractors for the services rendered in accordance with the terms and conditions set forth in the Contract, in an amount not to exceed that authorized by each Purchase Order, contingent upon an appropriation by the Board. The County shall Page 3872 of 3949 Procurement Manual Version 1 (FY25) 26 promptly notify the contractor if the necessary appropriation is not made. No contractor shall begin compensable work without an issued Purchase Order for the project. 12.3 County staff shall comply with the Local Government Prompt Payment Act (Section 218.70, Fla. Stat.) and Sections 218.73 and 218.735, Fla. Stat. for the timely payment for purchases of services. 12.4 Proper Invoice Requirements - if an invoice conforms with all statutory requirements and does not differ materially from the requirements established by Collier County, then the invoice is considered proper. The Clerk of the Circuit Court’s Finance Office has sole discretion to make a reasonable determination as to whether an invoice is improper because it differs materially from the requirements established by Collier County. As such, the following represents the requirements for an invoice to be considered a proper invoice for payment: 12.4.1 The goods or services received must have been properly authorized by the County. If a Purchase Order or contract was required, the goods or services must have been received in the way the Purchase Order or contract specified. If proof of receipt is required, documentation showing the goods or services were received or provided shall be attached to the invoice. 12.4.2 The invoice shall contain the following minimum information: 12.4.2.1 The name of the contractor. 12.4.2.2 The address of the contractor. 12.4.2.3 The date of the invoice. 12.4.2.4 The Collier County Purchase Order, if applicable. 12.4.2.4.1 The contract number, if applicable. 12.4.2.4.2 The “Customer” or “Bill To” information should include the Board of County Commissioners agency name and address. 12.4.2.5 For contractual payments, the date the contract was signed by the Board of County Commissioners or Board designated County staff person. 12.4.2.6 For invoices involving the purchase of goods: 12.4.2.6.1 A description of the item. 12.4.2.6.2 The quantity purchased. 12.4.2.6.3 The unit price. 12.4.2.6.4 The total price (for each item). 12.4.2.6.5 The total amount of the invoice (all items). Page 3873 of 3949 Procurement Manual Version 1 (FY25) 27 12.4.2.7 For invoices involving the purchase of services: 12.4.2.7.1 Itemized description of services performed, including persons who performed services and hourly rate, if required. 12.4.2.7.2 The date the services were performed. 12.4.2.7.3 An itemization of other direct reimbursable costs (description, amount, etc.), including copies of invoices for reimbursable expenses when deemed appropriate by the Clerk of the Circuit Court’s Finance Office. 12.4.2.7.4 Billing method for services performed (approved hourly rates, percentage of completion, direct (actual) costs, etc.). 12.4.2.8 For Partial Payment Requests on Construction Contracts: 12.4.2.8.1 Partial Payment Requests (invoice) on the County approved Application for Payment form or American Institute of Architects (AIA) Application and Certificate for Payment form, with all appropriate certification documents required by the contract for payment. 12.4.2.8.2 The itemized schedule of values. 12.4.2.8.3 Copies of supporting invoices for all stored materials for which payment is being sought. 12.4.2.8.4 Copies of bond invoice and proof of payment for which bond payment is being sought. 12.4.2.8.5 Release of liens (partial), if applicable. 12.4.2.9 For Final Payment Requests on Construction Contracts: 12.4.2.9.1 All the documentation required in section 12.4.2.8 above. 12.4.2.9.2 Release of liens, final. 12.4.2.9.3 Consent of Surety. 12.4.2.9.4 Certificate of Occupancy and other required permit close out documents, if applicable. 12.4.2.9.5 Operating manuals, maintenance manuals, and all warranty related documentation. 12.4.2.9.6 As-built construction plans should be provided to the County. Page 3874 of 3949 Procurement Manual Version 1 (FY25) 28 12.4.2.10 Any other information required by written agreement or contract with the Board of County Commissioners. 12.4.3 Invoices submitted in connection with the issuance of a Purchase Order and contract/agreement shall be submitted in Adobe PDF format to BCCAPCLERK@collierclerk.com. 12.4.4 An itemized invoice is defined as a detailed breakdown of goods or services provided to the County, listing descriptions, quantities, unit prices, and costs for each item or service. Unlike a standard invoice with a lump-sum amount, an itemized invoice offers the County a transparent view of individual charges associated with their purchase. 12.4.5 If a subcontractor is a related entity to the contractor, then the contractor shall not mark- up the subcontractor’s fees. A related entity shall be defined as any parent or subsidiary of the company and any business, corporation, partnership, limited liability company or other entity in which the company or a parent or a subsidiary of the company holds any ownership interest, directly or indirectly. 12.4.6 Allowance - any allowance dollar amount that has been included in the Contractor’s Bid Schedule amount is not a guaranteed reimbursement but rather is only eligible for reimbursement by the County if expressly authorized by the County and formally agreed upon and memorialized by the parties via Change Order, which includes an itemized quote providing in detail the agreed upon time and material costs for the Change Order work. Reimbursement for any use of the allowance will require itemized backup documentation that is consistent with the quote provided with the Change Order and must establish and validate the expenditure of time and materials invoiced at a level supported by an audit. Examples of allowable labor (time) backup documentation involving payments for direct salaries will, at a minimum, identify the personnel involved, salary rate per hour, and hours spent working on the Project, which should be substantiated by timecards or another acceptable form of electronic employee recordkeeping. Materials or equipment billed should include itemized copies of invoices or receipts to document such expenses. 12.4.7 The labor rates provided by the Contractors are considered all-inclusive of labor burden and should not include additional terms and conditions, unless otherwise provided for in the underlying contract. Page 3875 of 3949 Procurement Manual Version 1 (FY25) 29 12.4.8 Overtime is applicable only if expressly provided for in the underlying contract. Any reference to “working hours” in the contract (e.g., 7 a.m. to 7 p.m.) or to the County Noise Ordinance has no relationship to the County having any responsibility to pay Contractors at overtime rates, but rather establishes the time during which work can take place. Work beyond the referenced “working hours” does not establish an entitlement to overtime pay. In the absence of an express agreement to reimburse the Contractor for overtime based on hourly overtime rates established in the Agreement or as agreed upon in an approved Change Order, overtime does not apply and is not compensable. 12.4.9 Markup for labor cost is allowed if the contractor confirmed in writing that the labor rates were raw labor wages and no profit/overhead is included. If the labor rates were all- inclusive and profit/overhead was factored in, then markup would not be allowed. 13. MONITORING CONTRACT PERFORMANCE AND DELIVERABLES 13.1 Monitoring of contract performance is a key function of efficient contract administration. It is essential to ensure that the contractor is performing all duties in accordance with the contract and the appropriate County staff members are aware of any developing problems or issues. 13.2 During the life of the contract, the Contract Administrative Agent/Project Manager should communicate regularly with the contractor, monitoring whether the goods and services required of the contract are being provided in accordance with the contract and working to resolve any issues promptly. Whenever possible, the parties should seek to resolve disputes informally by direct discussion. 13.3 It is essential for the Contract Administrative Agent/Project Manager to apply the Twelve Key Metrics that have been developed to assist in this effort and become part of any County and contractor contract relationship. 13.3.1 Twelve Key Metrics: 13.3.1.1 Customer Service - provide excellent customer service to both the County staff and the public. 13.3.1.2 Contract Deliverables - supply the goods and services outlined in the agreement. 13.3.1.3 Delivery Schedule - maintain the agreed schedule and avoids delays. Page 3876 of 3949 Procurement Manual Version 1 (FY25) 30 13.3.1.4 Quality – provide the highest level of quality of goods and services. 13.3.1.5 Billing and Invoicing – submit detailed and accurate invoices matching the work performed. 13.3.1.6 Project Management – consistently demonstrate the ability to stay on top of processes. 13.3.1.7 Subcontractor Management – maintain a professional relationship with subcontractors. 13.3.1.8 Equipment and Resources – provide the best available equipment to perform the work. 13.3.1.9 Materials Management – demonstrate “best practice” in handling and storage. 13.3.1.10 Cost Control – hold and manage costs to avoid exceeding budget projections. 13.3.1.11 Maintaining Technical Requirements – monitor quality control of the products and processes. 13.3.1.12 Safety Standards – ensure staff is trained and properly equipped to perform the work safely. 13.4 Contractor performance may be reviewed at the time of delivery of products or services, at the completion of a project, or at the end of a contract. The information recorded may be subsequently referenced and considered in the recommended award of future contracts. 13.5 The Contract Administrative Agent/Project Manager should complete a Corrective Action Report when an issue occurs and attempt to resolve the matter with the contractor. 13.6 The evaluations and copies of corrective action reports are to be submitted to the Procurement Services Division. 14. CONTRACT CLOSEOUT 14.1 A contract is closed when all work described in the project scope is completed, when all contract dollars have been expended, or when the contract is terminated. 14.2 The Contract Administrative Agent/Project Manager is responsible for closeout activities, including but not limited to: 14.2.1 Validating all deliverables and services have been delivered and accepted. 14.2.2 Verifying all project reports have been received and accepted. Page 3877 of 3949 Procurement Manual Version 1 (FY25) 31 14.2.3 Confirming any claims and performance issues have been resolved and liquidated damages have been properly assessed for non-performance/non-compliance. 14.2.4 Validating Substantial and Final Completion, Final Payment Checklist, and Warranty forms have been processed, if applicable. 14.2.5 Acceptance of a Contractor Transition Plan, outlining in detail the transfer of property to the County, transfer project knowledge and conduct training with the appropriate County representatives, etc., if applicable. 14.2.6 Disposal of any County surplus property, in accordance with the County’s policies and procedures. 14.2.7 Completing a contractor performance evaluation through the County’s vendor evaluation system. 14.2.8 Conducting a debriefing with the contractor. 15. UNAUTHORIZED PURCHASES (Refer to Section Twenty-Two of the Procurement Ordinance) 15.1 All purchases made shall be consistent and in compliance with the Procurement Ordinance. Violations shall be handled in the manner provided by statutes or applicable Collier County Procurement Manuals. Any purchase or contract made contrary to the provisions thereof and contrary to Florida law shall not be approved and the County shall not be bound thereby, unless the following: 15.1.1 Should work be authorized or purchases made not in conformance with the Procurement Ordinance, Procurement Manuals, or contracts, the Departments/Divisions will complete an After-the-Fact Procurement Form. 15.1.2 The Board shall approve the After-the-Fact Procurement form if the transaction has a value exceeding the formal competition threshold. The Department/Division is responsible for creating the agenda item and Executive Summary and providing all required documentation to the Procurement Services Division. 15.1.3 The Procurement Services Division Director or designee shall approve the After-the-Fact Procurement form if the transaction has a value less than the formal competition threshold and will report it to the Board on the Procurement Administrative Report. The Page 3878 of 3949 Procurement Manual Version 1 (FY25) 32 Department/Division is responsible for providing the Procurement Services Division the form and all required documentation. 16. PROHIBITION AGAINST SUBDIVISION (Refer to Section Twenty-Three of the Procurement Ordinance) 16.1 No contract or purchase shall be subdivided to avoid the requirements of the Procurement Ordinance or State law. 17. SURPLUS 17.1 In all such instances, the Procurement Services Division Director or designee shall ensure that the purchase has been approved subject to all other provisions of the Procurement Ordinance. 17.2 All fixed assets purchased using a P-Card shall be properly reported to the Fixed Assets Section of the Clerk of Courts Finance Division so that it can be properly recorded. 17.3 Refer to the Procurement Services Division Surplus Guidelines available on the Procurement SharePoint intranet page. Page 3879 of 3949 Procurement Manual Version 1 (FY25) 33 REVISION HISTORY DATE Description Approved by the County Manager. Replaces *** Page 3880 of 3949 Purchasing Card Manual 2025 Version 1 Collier County Purchasing Card Manual Procurement Services Division Page 3881 of 3949 Purchasing Card Manual 2025 Version 1 1 INDEX #PAGE # 0.APPROVAL 2 1.TITLE AND CITATION 3 2.PURPOSE 3 3.APPLICATION AND SCOPE 3 4.OVERVIEW 3 5.DEFINITIONS 4 6.CONTACT INFORMATION 5 7.CARD HOLDER RESPONSIBILITIES 6 8.DIVISION DIRECTORS’ RESPONSIBILITIES 8 9.SUPERVISOR/MANAGER RESPONSIBILITIES 8 10.FISCAL PROCESSOR RESPONSIBILITIES 9 11.CARD ISSUANCE AND REQUIRED TRAINING 9 12.TRANSACTION SPENDING DOLLAR LIMITS 11 13.SPENDING LIMIT INCREASE 12 14.PURCHASES ALLOWED WITH THE P-CARD 13 15.PURCHASES NOT ALLOWED WITH THE P-CARD 13 16.USING THE P-CARD 14 17.RETURNS 16 18.RECEIVING/SHIPPING INSTRUCTIONS 16 19.ITEMIZED RECEIPTS 17 20.LOST OR INCOMPLETE RECEIPTS 17 21.P-CARD BILLING CYCLE AND PROCESSING 18 22.LOST OR STOLEN P-CARDS 20 23.LEGAL NAME CHANGES 20 24.DISPUTES 20 25.UNAUTHORIZED USE OF P-CARD 21 26.VIOLATIONS 21 27.REJECTIONS 22 28.P-CARD EXPIRATIONS 22 29.TERMINATION OF EMPLOYMENT OR DEACTIVATION OF P-CARD 22 30.RESERVED RIGHTS 23 Page 3882 of 3949 Purchasing Card Manual 2025 Version 1 2 APPROVAL Approval of this Manual by the County Manager is pursuant to the Collier County Procurement Ordinance. Approved: _______________________________________ Amy Patterson, County Manager Effective Date: ________________________________________ All authority to execute documents that is vested to the County Manager or designee is hereby delegated to the Procurement Services Division Director or designee and shall be subject to the limits of any applicable federal, state, or other law. Modifications to this Manual shall be effective when the revised document is approved in writing by the County Manager and a new effective date is assigned. Standard Operating Procedures (SOPs), forms, and ancillary documents will become effective upon approval by the Procurement Services Division Director or designee and shall be reviewed annually for necessary updates. All forms mentioned herein are available on the Procurement Services Division SharePoint intranet page and are to be submitted through the established Procurement Jira Ticketing System. The Procurement Services Division Director or designee shall have the authority to interpret the Procurement Ordinance and Procurement Manuals and may issue directives for that purpose, including but not limited to, resolving disputes, clarifying ambiguous provisions, and ensuring compliance with applicable laws. For the purposes of this manual, ‘designee’ shall refer to any individual authorized by the Procurement Services Division Director to perform specified tasks. Page 3883 of 3949 Purchasing Card Manual 2025 Version 1 3 1. TITLE AND CITATION 1.1 This Manual shall be known and may be cited as the "Collier County Purchasing Card Manual" or "P-Card Manual." 2. PURPOSE 2.1 The purpose of this manual is to establish procedures for procuring goods and/or services using purchasing cards through the Purchasing Card Program. Purchasing cards shall be for the exclusive purpose of making purchases for official Collier County business. 3. APPLICATION AND SCOPE 3.1 This manual applies to the procurement of all goods and services irrespective of the source of the funds through the use of a P-Card Program. 3.2 Nothing within this manual will prevent the County from complying with the terms and conditions of any grant, gift, or bequest that is otherwise consistent with law. 3.3 This manual applies to those individuals who have been issued a Purchasing Card (“P- Card”) and those responsible for approving and overseeing the purchasing transactions. 3.4 Individuals assigned a P-Card must act in accordance with this Purchasing Card Manual, as well as the Florida Statutes, Procurement Ordinance, Procurement Manual, CMA #5808 Purchasing Card Program Policy and Procedures, and any established Division/Department Standard Operating Procedures when undertaking procurement activities to adequately safeguard company assets. Compliance with procedures set forth in this document are a requirement for using a P-Card. 4. OVERVIEW 4.1 The P-Card is a credit card used for legitimate public purchases and billed directly to Collier County for payment. Page 3884 of 3949 Purchasing Card Manual 2025 Version 1 4 4.2 The P-Card is assigned to specific employees or individuals authorized by the Procurement Services Division Director or designee for purposes of making purchases for official Collier County business. 4.3 The P-Card may also be used strategically to make larger dollar purchases under the direction of the Procurement Services Division Director or designee, and where it is in the best interest of the County. 4.4 The Procurement Services Division Director or designee shall be responsible for the overall management and operation of the County's P-Card program. 4.5 Compliance with procedures and mandatory training is a requirement for having and using a P-Card. The participation in and use of the P-Card Program shall not circumvent procurement guidelines or procedures. 4.6 Failure to comply with this Collier County Purchasing Card Manual shall be deemed a violation and may be subject to administrative disciplinary action, following Collier County Government Human Resources procedures and guidelines, up to and including dismissal from Collier County Government employment. 5. DEFINITIONS Bank: The financial institution selected by the County to provide banking services. Cardholder: A Collier County employee or individual who is approved to use the purchasing card to execute purchase transactions on behalf of the County. Fiscal Processor: The fiscal person who processes the Cardholder's transactions in Xponential. The fiscal person cannot be the cardholder. Free on Board (F.O.B.) Destination: The point at which a title changes hands from the supplier to the buyer at the destination of the shipment when the buyer signs for the goods. The supplier owns the goods in transit, assumes responsibility for carrier selection, and files any claims for damages incurred during this period. F.O.B. destination does not address the responsibility for Page 3885 of 3949 Purchasing Card Manual 2025 Version 1 5 the cost of transportation (freight charges), which must be specified with the inclusion of additional language in writing at the time of the transaction. G/L Code: Category designated in the County’s Financial System (“SAP”) in which funding is being utilized. Manager or Supervisor (Approving Manager): A person responsible within the Division assigned to the oversight of the Cardholder transactions and compliance with P-Card policies. P-Card Program Manager: The Procurement Services Division Director’s designee responsible for the general oversight of the program, P-Card usage, and transaction monitoring, and who serves as a single point of contact between Collier County and the Bank for general oversight of the P-Card Program. Purchasing Card (P-Card): A credit card used to purchase contract and non-contract goods and/or services necessary for official County business. A purchasing card is issued to an individual for purchases by that individual only. Transaction: A purchase made on the P-Card with one supplier at a time. Xponential: Software to view and manage card transactions within SAP. 6. CONTACT INFORMATION 6.1 The Procurement Services Division Program Manager (“P-Card Program Manager”) is available to assist with all aspects of P-Card use and any questions at: (239) 252-8407 or Procurement Jira Portal. 6.2 The billing address and phone number for all P-Cards is 3295 Tamiami Trail E., Naples, FL 34112, (239) 252-8407. 6.3 Never respond to outside sources regarding Collier County P-Card information, such as text messages, emails, or phone calls. Page 3886 of 3949 Purchasing Card Manual 2025 Version 1 6 6.4 This manual is not intended to cover every possible situation. For any questions, contact the P-Card Program Manager. 7. CARDHOLDERS RESPONSIBILITIES 7.1 P-Cards are issued under the Cardholders’ legal name and are the property of Collier County. 7.2 Cardholders’ responsibilities include, but are not limited to: 7.2.1 Ensuring purchases are best value, serve a valid public purpose, and are in compliance with the Procurement Ordinance and this manual. 7.2.2 Selecting only one payment method in advance of the purchase, either P-Card or Purchase Order. Only one payment method is accepted. 7.2.3 Ensuring the purchase meets the same standards as are required for a Purchase Order, following CMA 5808, the Procurement Ordinance, and any established Division/Department Standard Operating Procedures. 7.2.4 Complying with allowable and prohibited purchases. 7.2.5 Purchasing items that are immediately available. 7.2.6 Ensuring P-Card numbers are not on file with any merchant. 7.2.7 Ensuring P-Card numbers do not appear on shipping documents, emails, or attachments in the Xponential system. The P-Card account number must be redacted from any documentation. 7.2.8 Obtaining the total cost of the order from the merchant before the order is placed. 7.2.9 Confirming with the merchant that an itemized receipt must be provided. 7.2.10 Acquiring a credit from the merchant, when necessary. 7.2.11 Ensuring transactions are within established transaction and monthly cycle limits. 7.2.12 Contacting the Bank to file a merchant dispute if a merchant incorrectly charges your card and will not correct the transaction. (Refer to Section 24, Disputes). 7.2.13 At the time of a purchase, informing the merchant that Collier County purchases are exempt from Florida state sales tax for items bought in or shipped to the State. The tax-exempt number is printed on the card. 7.2.14 Providing required documentation, including the justification and itemized receipt, to the designated Fiscal Processor for final review and reconciliation. Page 3887 of 3949 Purchasing Card Manual 2025 Version 1 7 7.3 Cardholders shall not: 7.3.1 Use the P-Card for personal purchases. 7.3.2 Attempt to obtain cash advances. 7.3.3 Share use of the P-Card or disclose the P-Card number with anyone other than the merchant with whom they are doing business. 7.3.4 Authorize multiple transactions (split orders) to circumvent established limits. 7.3.5 Provide the P-Card number over the phone unless the Cardholder initiated the phone call. 7.3.6 Make a photocopy of the P-Card, fax, scan, mail, or email the full account number. 7.3.7 Use the P-Card for advanced orders, prepaid goods or services, or deposits, except those allowable per subsection 16.4 Advance Payments. 7.3.8 Use the P-Card to purchase items for advanced orders or backorders. If an order, previously thought to be available, cannot be delivered/shipped within five (5) business days, the order (or part thereof) must be canceled and resubmitted when the product is available for immediate delivery. 7.3.9 Accept or sign on behalf of the County any quote, proposal, contract, or agreement. Any document with terms and conditions must be provided to the Procurement Services Division for review. 7.4 Secure P-Card. 7.4.1 Use of the P-Card is limited to the Cardholder whose name appears on the front of the P-Card. 7.4.2 The P-Card shall not be loaned to another person, including the approver/reviewer. 7.4.3 The P-Card must be kept in a secure location at all times. 7.4.4 The account number shall not be posted or left in a conspicuous place. 7.4.5 The complete account number must never be faxed, mailed, or emailed (including attachments). The order may be emailed, but the account number must be phoned in to the merchant. Page 3888 of 3949 Purchasing Card Manual 2025 Version 1 8 8. DIVISION DIRECTORS’ RESPONSIBILITIES 8.1 The Director has oversight and fiduciary responsibility for purchases made with the purchasing cards assigned within their areas as well as ensuring accountability and integrity in the spending of the public’s funds. The Director is responsible for authorizing who uses the purchasing cards in their Division, establishing corrective steps for noncompliance, providing fiscal oversight and management of the processing of transactions in SAP, following the Purchasing Card Manual, and ensuring the P-Card is used consistently with the County’s mission, applicable laws, and ethical practices. 8.2 Directors have the responsibility of notifying the P-Card Program Manager within one (1) business day if an employee is no longer employed by Collier County Government, is transferred to another Collier County Division, or no longer needs the use of the P- Card. 8.3 For employees who are terminated or no longer require a P-Card, the card must be collected, cut in half, and forwarded to the Procurement Services Division. Upon notification, the account will be closed, and the P-Card will be destroyed upon receipt. This procedure also applies to employees who are suspended or on leave. If the P-Card cannot be retrieved from the terminated employee, the Division shall promptly notify the P-Card Program Manager. The card will be treated as "lost or stolen," and the account will be closed. 8.4 If the employee is transferred or promoted to another Collier County Division, upon notification of the transfer, the P-Card will be canceled. A new P-Card Request Form signed by the new Director will be required for the employee to be issued a P-Card for their new Division. 9. SUPERVISOR/MANAGER RESPONSIBILITIES 9.1 Ensure all purchases made by the Cardholder are approved business-related expenditures for a public purpose. 9.2 Ensure all purchases are made in conjunction with all Procurement and P-Card policies. Page 3889 of 3949 Purchasing Card Manual 2025 Version 1 9 9.3 Reviewing the appropriateness of the expenditure, adherence to pricing, verifying it serves a public purpose, verifying sales tax was not charged, and ensuring proper supporting documentation is provided. 10. FISCAL PROCESSOR RESPONSIBILITIES 10.1 The Fiscal Processor will review each transaction to ensure: 10.1.1 Accuracy. 10.1.2 Appropriate documentation exists (see subsection 21.3 Supporting Documentation). 10.1.3 Compliance with CMA 5808 Purchasing Card Program Policy and Procedures, the Procurement Ordinance, Procurement Manual, and this Purchasing Card Manual. 10.1.4 The appropriate account string (Fund, Cost Center, G/L, and WBS, if applicable). 10.1.5 The appropriate valid business purpose. 10.1.6 Documentation submitted by the Cardholder supports the transaction. 10.1.7 Segregation of duties will include that no Cardholder processes their own transaction and there should be multiple (two at minimum) Fiscal Processors available for each Cardholder. 10.2The Fiscal Processor will: 10.2.1 Approve transactions through Xponential within five (5) business days of the purchase. 10.2.2 Attach the itemized invoices provided by the Cardholder through Xponential and enter the proper account string (Fund, Cost Center, G/L, and WBS, if applicable) for the purchase. 10.2.3 Attach or enter any additional required information through Xponential such as insurances, contract numbers, approved travel requests, or valid public purpose. 10.2.4 Ensure there is a delegate assigned during leave. 11. CARD ISSUANCE AND REQUIRED TRAINING 11.1 Permanent full-time or part-time Collier County employees approved by their Division Director and the Procurement Services Division Director or designee and specific individuals approved by the County Manager or designee are eligible to obtain a P-Card. Page 3890 of 3949 Purchasing Card Manual 2025 Version 1 10 11.2 A Purchasing Card Request form is to be completed and returned to Procurement for approval for all new cardholders and employees transferring between Collier County Divisions. 11.3 Training. 11.3.1 P-Card training covering Collier County policies, procedures, and Cardholder regulations is required for all new P-Card applicants. 11.3.2 Training is also required on the Xponential software system for Fiscal Processors who process Cardholders' transactions. 11.3.3 All employees or individuals participating in the P-Card Program must complete an initial and annual refresher training. 11.3.4 Failure to complete training may result in the suspension of P-Card privileges until compliance is achieved. 11.3.5 The Procurement Services Division will maintain records of training and enforce compliance. 11.4 Acknowledgment. 11.4.1 A Cardholder Acknowledgement Form is required from each Cardholder prior to the distribution of a new or reissued card. 11.4.2 The P-Card is issued to an employee or individual in their legal name and is to be used exclusively by the named person. No other person is authorized to use the card. 11.4.3 The Cardholder is responsible for all charges on their P-Card. 11.4.4 The Cardholder is not allowed to relinquish control of their P-Card. 11.4.5 The P-Card is Collier County property and the right to use the P-Card may be cancelled at any time. 11.4.6 Cardholders agree to comply with CMA 5808 Purchasing Card Program Policy and Procedures. 11.4.7 Cardholders acknowledge that repeated misuse of the P-Card will result in revocation of the card. Page 3891 of 3949 Purchasing Card Manual 2025 Version 1 11 11.5. Activation. 11.5.1 Upon application approval and processing, the new P-Card will be mailed directly to the P-Card Program Manager or designee in approximately seven (7) to ten (10) business days. 11.5.2 The activated P-Card will be provided to the Cardholder during the initial training session. If the Cardholder fails to attend training within sixty (60) days of the initial scheduled training session, the P-Card will be deactivated and cancelled. 11.5.3 Any P-Cards that are not used for a period of six (6) months or more may be subject to deactivation. 12. TRANSACTION SPENDING DOLLAR LIMITS 12.1 A single transaction is defined as one or more items purchased from the same merchant at the same time on the same day. 12.2 The P-Card default limits are set by the Procurement Services Division Director or designee, per monthly billing cycle (6th to 5th), and per single/monthly transaction purchase. 12.3 The P-Card has a thirty (30) or thirty-one (31) day cycle that does not coincide with an actual month. The cycle runs from the 6th through the 5th of the following month. The next business day after the 5th is when the monthly card limit renews. 12.4 Spending Limits. The P-Card spending limits are as follows: Division Employees: •Single Transaction Limit: Not to exceed $5,000.00 per P-Card. •Monthly Transaction Limit: Not to exceed $15,000.00 per P-Card. Division Designated Supervisor/Manager: •Single Transaction Limit: Not to exceed $10,000.00 per P-Card. •Monthly Transaction Limit: Not to exceed $20,000.00 per P-Card. Page 3892 of 3949 Purchasing Card Manual 2025 Version 1 12 Division Directors and Department Heads: •Single Transaction Limit: Not to exceed $15,000.00 per P-Card. •Monthly Transaction Limit: Not to exceed $30,000.00 per P-Card. 12.5 Cardholders are prohibited from splitting transactions to cover a single purchase or circumvent the established single transaction limit assigned to the P-Card. Purchases may not be divided into multiple orders or receipts to remain within the transaction limit. 12.6 The Procurement Services Division reserves the right to block or prohibit the use of goods and services. The Merchant Category Code Group (MCCG) is used to classify a business by the type of goods and/or services provided. A request to unblock an MCCG must be approved by the Cardholder’s Division Director and made to the P-Card Program Manager. 13. SPENDING LIMIT INCREASE 13.1 The Purchasing Card Request form must be submitted to Procurement at least five (5) business days before the anticipated need for the increased limit. 13.2 Requests may be made either for a permanent or temporary basis. 13.3 Temporary spending limit increases are defined as those lasting no more than sixty (60) days, after which the cardholder’s limit will revert to the original amount. 13.4 Temporary increase requests will be approved as follows: Limit Increase Levels Required Approval Single Transactions Exceeding $10,000 Monthly Transactions Exceeding $20,000 Director and Procurement Director or designee Single Transactions Exceeding $15,000 Monthly Transactions Exceeding $30,000 Director, Department Head/Executive Director and Procurement Director or designee Page 3893 of 3949 Purchasing Card Manual 2025 Version 1 13 13.5 Permanent transaction spending dollar limit increase requests above the amounts established in subsection 12.4 Spending Limit Increase shall require approval by the Procurement Director or Designee and County Manager. 14. PURCHASES ALLOWED WITH THE P-CARD 14.1 Purchasing cards may be used to purchase goods and/or services for use in conducting official County business, provided purchases are not prohibited by this policy or any other approved County policy or procedure. 14.2 The total purchase made with a P-Card must not exceed the limits associated with each P-Card. 14.3 All transactions shall serve a valid public purpose and be in compliance with the Procurement Ordinance and this manual. 15. PURCHASES NOT ALLOWED WITH THE P-CARD 15.1 The following types of purchases may not be made using a P-Card and may result in a suspension or revocation of the P-Card. 15.2 Prohibited Purchasing List. The following list contains prohibited purchasing items and is not all-inclusive: 15.2.1 ATM cash withdrawals. 15.2.2 Personal purchases. 15.2.3 Tips (other than for taxi cabs, shuttles, or limos). 15.2.4 Tips exceeding 15% for taxi cabs, shuttles, or limos. 15.2.5 Food for travel (Refer to CMA #5310 Business Travel). 15.2.6 Alcohol/Liquor in any form. 15.2.7 Guns, Weapons, and Ammunition. 15.2.8 Gift cards. 15.2.9 Purchases from pawn shops. 15.2.10 Split transactions. Page 3894 of 3949 Purchasing Card Manual 2025 Version 1 14 15.2.11 Backorders. 15.2.12 Autopay for monthly or recurring invoices and charges. 15.2.13 Acceptance of cash refunds in lieu of a credit. 15.2.14 Acceptance of store credits in lieu of a credit. 15.2.15 To acquire or accumulate loyalty or rebate program points, for personal use. Where prohibited by County CMA. 15.2.16 Advance payments for services, unless allowable per Section 28.235, Fla. Stat. 15.2.17 Rental Cars (Contact Fleet Management Division). 15.2.18 Gasoline, fuel, or oil. (Contact Fleet Management Division). 15.2.19 Purchases from individuals and entities associated with foreign countries of concern, pursuant to Section 287.138, Fla. Stat. 15.2.20 Payment of overdue, unpaid, or Purchase Order-initiated invoices. 15.3 Refer to Resolution No. 2013-274, as amended, for specific exemptions applicable to the Tourism Division. 15.4 The Cardholder is responsible for contacting the P-Card Program Manager within one (1) business day if the P-Card is inadvertently used for personal use. 16. USING THE P-CARD 16.1 Before using the P-Card, the Cardholder must determine whether the item is available for purchase and whether sufficient funding is available. 16.2 Online Purchases. 16.2.1 Ensure the website is secure by checking for 'https' in the URL, verifying the presence of a closed lock icon, and confirming the legitimacy of the merchant through independent research, if necessary. 16.2.2 Avoid using public Wi-Fi and ensure the network is secure. 16.2.3 Always log out of the account after completing the transaction. Page 3895 of 3949 Purchasing Card Manual 2025 Version 1 15 16.3 PayPal. 16.3.1 The Procurement Services Division allows the use of PayPal as long as the following conditions are met: 16.3.1.1 The Cardholder prints screens to document where the payment was initiated and the details of the transaction. 16.3.1.2 The Cardholder provides these screen prints, along with all itemized receipts, confirmations, and emails to the Fiscal Processor. 16.3.1.3 Receipts document the purchase with as much detail as is available. 16.3.1.4 The PayPal merchant ID is entered on the transaction. 16.4 Advance Payment. Collier County pays for commodities and services after they have been received, unless the transaction meets specific conditions established in Section 28.235, Fla. Stat. 16.5 Certificates of Insurance. 16.5.1 The Cardholder is responsible for ensuring a current Certificate of Insurance (COI) is provided by the merchant prior to any work being performed and that the current COI is provided to the Fiscal Processor to attach to the SAP record with the transaction. 16.5.2 Contact the Risk Management Division to determine the appropriate coverages. Refer to the Insurance Guide found on the Procurement Services Division SharePoint intranet page. 16.6 Sales Tax Exemption. 16.6.1 Collier County purchases are tax exempt, and the tax-exempt certificate can be found on the Procurement Services Division SharePoint intranet page. 16.6.2 Provide the merchant with the County's tax exemption number. 16.6.3 Cardholders are responsible for reviewing the receipt prior to leaving the Page 3896 of 3949 Purchasing Card Manual 2025 Version 1 16 store/internet site and obtaining a credit for Florida sales tax incorrectly applied. 16.6.4 If a purchase is charged taxes, Cardholders must attempt to have taxes credited. Should a merchant refuse to issue a sales tax credit, Cardholders must document the attempt and submit this documentation to Procurement Services for further action. Repeated issues with the same merchant should be reported to the Procurement Services Division for evaluation of merchant compliance. 16.6.5 Failure to obtain credit for Florida sales tax when required may result in reimbursement to the County by the Cardholder for taxes paid. 16.6.6 Failure to adhere to the sales tax exemption policy may result in disciplinary action, including revocation of P-Card privileges. 16.6.7 Our Tax Forgiveness Policy only covers purchases that total $300 or less and is at the discretion of the Procurement Services Division Director or designee. 17. RETURNS 7.1 Cardholders are responsible for obtaining a credit receipt or invoice from a merchant when the purchase is returned to the merchant. Cardholders are not authorized to receive a cash payment for returned purchases. 7.2 Cardholders cannot accept store credit for purchases made via P-Card. If the merchant is uncooperative in giving a credit, the Cardholder shall dispute, per Section 24 Disputes of this manual, the transaction with the Bank within sixty (60) days of the end of the cycle in which the transaction occurred. 7.3 All merchant rebates resulting from purchase activities shall be directed to the Procurement Services Division. 18. RECEIVING/SHIPPING INSTRUCTIONS 18.1 Although the County General Terms and Conditions require shipping to be FOB Destination, it is understood that the vast majority of P-Card purchases are generally made with suppliers where freight will be added to the final total. 18.2 Cardholders should ensure that freight costs are reasonable and identified on the quote and invoice. Page 3897 of 3949 Purchasing Card Manual 2025 Version 1 17 18.3 When items are being shipped, the Cardholder must have the product shipped to the Cardholder’s office address and include the following: •Attention (Name) •Division (Name) •Division Address (including current address and suite numbers) 18.4 Please request the Merchant to clearly mark on the paid invoice receipt that it is a “P- Card transaction.” This will avoid duplication of invoices. 18.5 The merchant should not charge the P-Card until the item is ready to ship. 18.6 If the Cardholder has not received the purchased item within five (5) days, the Cardholder should contact the merchant. 19. ITEMIZED RECEIPTS 19.1 Obtain an itemized receipt for all purchases. 19.2 Check with the merchant prior to making the payment to ensure an itemized receipt will be generated. 19.3 The itemized receipt must include the quantity, a description of the item(s), the unit cost, and the extended price. 19.4 Review the itemized receipt immediately upon receipt. 20. LOST OR INCOMPLETE RECEIPTS 20.1 If a receipt is lost, the Cardholder must contact the merchant to obtain a duplicate itemized receipt. 20.2 Receipts that are not itemized and pricing that cannot be verified could result in repayment by the Cardholder. Page 3898 of 3949 Purchasing Card Manual 2025 Version 1 18 20.3 The Procurement Services Division Director or designee has the authority to approve payment of a P-Card transaction without the itemized receipt and will be dealt with on an individual basis, along with a detailed explanation from the Cardholder's Director. 21. P-CARD BILLING CYCLE AND PROCESSING 21.1 The P-Card has a thirty (30) or thirty-one (31) day cycle that does not coincide with an actual month. The cycle runs from the 6th through the 5th of the following month. The next business day after the 5th is when the monthly card limit renews. 21.2 Monthly Processing. 21.2.1 Each cycle (6th - 5th of any month) that the Cardholder had transaction(s). 21.2.2 Make sure each transaction has supporting documentation. 21.2.3 Scan all receipts/documentation and attach them to the transaction in Xponential. 21.2.4 Confirm the account string (Fund, Cost Center, G/L, and WBS, if applicable) on all transactions. 21.2.5 Ensure the budget is available for transactions. 21.2.6 Transactions will not be reflected in the SAP Budget to Actual report until posted by the Clerk of Courts Finance Department. 21.3 Supporting Documentation. 21.3.1 Supporting documentation from the Cardholder should be presented to the Fiscal Processor for review immediately after the use of the P-Card but no later than two (2) days after the purchase to allow the Fiscal Processor ample time to enter the necessary data and documentation on the transaction in Xponential. 21.3.2 At a minimum, the supporting documentation must contain: 21.3.2.1 Date of purchase. 21.3.2.2 Amount of each item, number purchased, freight charges, and tax, if applicable. 21.3.2.3 If a surcharge is charged, it must be itemized. 21.3.2.4 Merchant name. Page 3899 of 3949 Purchasing Card Manual 2025 Version 1 19 21.3.2.5 Itemized description of items purchased. 21.3.2.6 Signed authorized travel request, if applicable. 21.3.2.7 Contract number if purchased off a current contract, or a note specifying purchase was a non-contract item. 21.3.2.8 Include a valid public purpose for the goods or service. 21.3.2.9 COI (Certificate of Insurance), if applicable. 21.4 Cardholders shall ensure merchants are paid promptly and must follow up with the merchant if the P-Card has not been charged within one (1) week after the services have been rendered or the item received. 21.5 The Cardholder cannot pay for a purchase or service with the P-Card weeks or months later. 21.6 Non-travel-related food purchases that fall under an approved Resolution require additional documentation. List the Resolution number, complete valid business purpose, including details such as attendees, name of event, event information, etc. 21.7 Accurate documentation is essential for audit purposes. Failure to provide proper documentation may lead to an audit finding and could result in disciplinary action, including revocation of P-Card privileges. 21.8 All travel must be pre-approved per CMA #5310 Business Travel. 21.9 Airline Tickets and Luggage Fees. The cost of taking luggage on a business trip may be paid using the P-Card. A copy of the receipt must be attached to the P-Card transaction. 21.10 Capital Assets. 21.10.1 Cardholders will ensure capital funds are available prior to making the purchase. 21.10.2 The Director or designee is responsible for providing to the Clerk of Court’s Finance Department via the Capital Asset Transaction Form with any asset- related transaction information made with a P-Card, in accordance with CMA # 5809 Managing Personal Property and Consumable Supplies. 21.10.3 The signed asset form shall be attached to the record in Xponential. Page 3900 of 3949 Purchasing Card Manual 2025 Version 1 20 21.11 Information Technology (IT) Acquisitions. Any Procurement that involves the purchase of technology requires the written pre-approval of the Information Technology Division. 21.12 Surcharges. 21.12.1 Merchants may add a surcharge which must be disclosed before the purchase is made. 21.12.2 Most credit card companies require merchants to disclose credit card surcharges in online transactions, on a sign at the store’s point of entry and point of sale, and on the receipt. 21.12.3 Cardholders are responsible for evaluating the surcharge fee to ensure the best value. 22. LOST OR STOLEN P-CARDS 22.1 Collier County has liability for a lost or stolen P-Card up until the time it is reported to the Bank. 22.2 Cardholders have the responsibility to report the P-Card lost or stolen the moment they realize their P-Card is missing or that the number has been compromised. In addition to notifying the bank immediately, the Cardholder must notify the P-Card Program Manager within twenty-four (24) hours. 23. LEGAL NAME CHANGES 23.1The Purchasing Card Request form is to be completed and returned to Procurement for approval. A new Cardholder Acknowledgement Form will also be required. 24. DISPUTES 24.1 In the event of a disputed transaction, Cardholders must notify the merchant and attempt to resolve. If the merchant is uncooperative in resolving the matter, contact the P-Card Program Manager. Page 3901 of 3949 Purchasing Card Manual 2025 Version 1 21 24.2 Cardholders have sixty (60) days to file a dispute. 25. UNAUTHORIZED USE OF P-CARD 25.1 Cardholders shall report all suspicious fraud activities to the Bank and the P-Card Program Manager immediately. 25.2 The Bank will contact the P-Card Program Manager when there appears to be suspicious activity or possible fraud. The Bank will not contact the Cardholder directly. 25.3 Cardholders are responsible for contacting the P-Card Program Manager within one (1) business day if the P-Card is inadvertently utilized for personal use. 26. VIOLATIONS 26.1 The Cardholder’s use of the P-Card is subject to a continuing audit process. 26.2 Any violation of policy and/or procedures governing the use of the P-Card shall be justification for the suspension or revocation of Cardholder privileges by the Procurement Services Division Director or designee of the employee's privilege to use the P-Card and can result in disciplinary action. 26.3 Violation Process: 26.3.1 First Offense = 30-day suspension of P-Card 26.3.2 Second Offense = 90-day suspension of P-Card 26.3.3 Third Offense = Revocation of P-Card 26.4 All employees or individuals participating in the P-Card Program are expected to adhere to the highest ethical standards when using the P-Card, ensuring that all purchases meet public purpose standards and align with the County’s commitment to transparency and accountability. 26.5 Employees incorrectly using their P-Card will be disciplined, may be personally liable to Page 3902 of 3949 Purchasing Card Manual 2025 Version 1 22 the County for the amount of any non-approved purchase(s), and may be subject to legal action by the County. 27. REJECTIONS 27.1 Transactions may be rejected or declined from time to time for a variety of reasons. 27.2 The most common reason is that the merchant has entered the wrong credit card number or expiration date. Verify these with the merchant as a first step to resolve a decline. 27.3 All declined transactions appear immediately online through the banking system. 27.4 Cardholders can call the customer service number on the P-Card and the P-Card Program Manager to assist in determining the reason for the declined transaction. 28. P-CARD EXPIRATION 28.1 P-Cards have four (4) digits to indicate expiration. The P-Card is always valid through the end of the month indicated. If the P-Card were to expire (example: 01/27), it would remain valid until January 31, 2027, at midnight. 28.2 Replacement P-Cards are automatically sent to the P-Card Program Manager, who will contact the Cardholder for pick-up. 29. TERMINATION OF EMPLOYMENT OR DEACTIVATION OF P-CARD 29.1 Prior to the Cardholder’s last date of employment or transfer to a new division within Collier County, the Cardholder is responsible for notifying the P-Card Program Manager and physically destroying the P-Card. The P-Card Program Manager will then deactivate the P-Card account. 29.2 If a Cardholder is put on leave for any disciplinary action or for an extended leave of absence, it is the Cardholder’s Division Director’s responsibility to notify the P-Card Program Manager immediately and the P-Card can be temporarily suspended. The P- Page 3903 of 3949 Purchasing Card Manual 2025 Version 1 23 Card will be reactivated upon notification of the Cardholder’s return. This is primarily for leaves of absence over two (2) weeks. 29.3 If a Cardholder is terminated due to disciplinary action(s), the Division Director is responsible for notifying the P-Card Program Manager and physically destroying the P- Card. The P-Card Program Manager will deactivate the P-Card account. 29.4 The Division Director may request the P-Card Program Manager deactivate the P-Card at any time. 30. RESERVED RIGHTS 31.1 The P-Card Program is a Procurement Services Division program under the control and custody of the Procurement Services Division Director. The Procurement Services Division Director or designee has authorization to direct P-Card use towards particular merchants and markets for strategic purchasing reasons, where significant savings, oversight, and rebates can be achieved. 31.2The Procurement Services Division Director, or their designee, holds the authority to: 31.2.1 Issue or cancel P-Cards at any time. 31.2.2 Adjust spending limits as necessary, either increasing or decreasing them. 31.2.3 Conduct investigations related to P-Card usage. 31.2.4 Restrict transactions with specific merchants or merchant types. 31.2.5 Prohibit the use of specific Point of Sale (POS) devices for transactions. 31.2.6 Report any misconduct or failure to comply with established policies to the County Manager or their designee. 31.3 The Procurement Services Division Director or designee has authorization to periodically solicit for P-Card banking services and related management tools to provide the required level of program oversight and management of the P-Card program. Remainder of the page left blank intentionally. Page 3904 of 3949 Purchasing Card Manual 2025 Version 1 24 REVISION HISTORY DATE Description This version supersedes and repeals in its entirety Purchasing Card Manual Rev. #4.0 (effective date 8/15/2023). Page 3905 of 3949 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on August 12, 2025, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: AN ORDINANCE REPEALING ORDINANCE NO. 2013-69, AS AMENDED, WHICH ORDINANCE ESTABLISHED THE COLLIER COUNTY PROCUREMENT SERVICES DIVISION AND ADOPTED A PROCUREMENT POLICY CONCERNING THE PROCUREMENT OF GOODS AND SERVICES, AND REPLACING IT WITH THIS SUPERSEDING ORDINANCE, TO BE KNOWN AS THE COLLIER COUNTY PROCUREMENT ORDINANCE, WHICH ORDINANCE SETS FORTH ITS PURPOSE, APPLICABILITY, AND APPROVED THRESHOLDS; PROVIDES FOR DEFINITIONS; ESTABLISHES AND SETS FORTH THE DUTIES OF THE PROCUREMENT SERVICES DIVISION AND PROCUREMENT SERVICES DIRECTOR; ESTABLISHES ETHICAL STANDARDS; PROVIDES FOR PROCEDURES FOR SMALL PURCHASES UNDER $10,000, FOR INFORMAL COMPETITION THRESHOLD FOR PURCHASES EXCEEDING $10,000 BUT UNDER $250,000, AND FOR A FORMAL COMPETITION THRESHOLD AND BIDDING PROCESS FOR PROCUREMENTS EXCEEDING $250,000; PROVIDES FOR PROCUREMENT METHODS FOR THE COMPETITIVE PROCESS, THE PROCUREMENT OF PROFESSIONAL SERVICES, AND COMPETITIVE PROPOSALS; ESTABLISHES ALTERNATIVE PROCUREMENT METHODS; PROVIDES FOR EMERGENCY PURCHASING, AN EXEMPTION AND WAIVER TO THE COMPETITIVE PROCESS, COOPERATIVE PURCHASING, AND STANDARDIZATION; PROVIDES FORMAL COMPETITIVE AWARDS PROCESS, RESERVED RIGHTS TO THE COUNTY, REJECTION AND CANCELLATIONS, NEGOTIATIONS, INSPECTING AND TESTING, AND AWARDS; ESTABLISHES A PROCEDURE FOR UNSOLICITED PROPOSALS; ESTABLISHES POLICIES FOR SMALL AND DISADVANTAGED MINORITY AND WOMEN BUSINESS ENTERPRISES; LOCAL VENDOR PREFERENCE; PROVIDES FOR A PURCHASING CARD PROGRAM; PROVIDES FOR ADVANCE PAYMENTS FOR GOODS AND SERVICES; PROVIDES FOR PAYMENT OF INVOICES; SETS FORTH A PROCEDURE FOR CONTRACT ADMINISTRATION AND FOR PERFORMANCE AND PAYMENT BONDS; PROHIBITS UNAUTHORIZED PURCHASES INCLUDING THE SUBDIVISION OF PURCHASES; SETS FORTH A PROCEDURE FOR BID AND PROPOSAL AWARD PROTESTS; PROHIBITS CONFLICT OF INTERESTS; SETS FORTH A PROCEDURE FOR THE DEBARMENT AND SUSPENSION OF VENDORS; AUTHORIZES THE BOARD TO WAIVE THESE PROVISIONS WHEN APPROPRIATE; PROVIDES FOR CONFLICT AND SEVERABILITY, REPEAL OF PRIOR ORDINANCES, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public Page 3906 of 3949 hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN ATTEST: CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Page 3907 of 3949