Ordinance 87-025 ORDINANCE NO. 87 -25
AN ORDINANCE ESTABLISHIMG THE COLLIER
COUNTY PURCHASING DEP~RI'MENT; PROVIDING
DEFINITIONS; PROVIDING FOR DUTIES AND
AUTHORITY OF THE PURCHASING DIRECTOR;
PROVIDING FOR CONFLICT Of' INTEREST;
PROVIDING A PROCEDURE FOR THE ADOPTION
OF A PURCHASING POLICY; PROVIDING FOR
CH~GES A~ ;d~ENDMENTS TO PURC}[ASING
POLICY; PROVIDING FOR SEVERABILII~f AND
EFFECTIVE DATE.
;NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNt, FLORIDA, THAT:
Section 1. ,Establishment iof th'e Collier C,,ount7 Purchasin$ Department.
/~ere is hereby ~tabl!shed the Collier County Purchasing Department
in the administrative service of Collier County.
Section 2. Definitions.
For the purpose of this Ordinance, the following terms, phrases, words and
their derivations ~a. tl have the meaning given herein. When not inconsistent
with the content, wdrds used in the present tense include the future, words in
the plural number include the singular number, and words in the singular
number include the plural. The word "shall" is always mandatory and not
merely directory.
A. "Artist" shall mean an individual or group of individuals who profess
and practice a demonstrated creative talent and skill in the area of music,
dance, drama, folk art, creative writing, painting, sculpture, photography,
graphic arts, craft arts, industrial design, costume design, fashion design,
motion pictures, television, radio, or tape and sound recording or in any
other related field.
B. "Board of County Commissioners" ia the Board of County Commi~sioners
of Collier County.
C. "Commodity" means any of the various supplies, materials, goods,
merchandise, printing, equipment, and other personal property purchased,
leased, or otherwise contracted for by the county and its algencies.
"Commodity" also ~ncludes interest on deferred payment commodity contracts
entered into by the county for the purchase of other commodities. However,
commodities purchased for resale are excluded
from this definition. Any contract providing for the acquisition of both
services and commodities shall be deemed to be a contract for the acquisition
or purohase of commodities.
D. (a) "Contractual services" means the rendering by a contractor of its
time and effort rather than the furnishing of specific commodities. The term
applies only to those services rendered by individuals and firms who are
independent contractors, and such services may include, but are not limited
to, evaluations; consultations; maintenance; accounting; security; management
systems; management consulting; educational training programs; research and
development studies or .repor.~s on the findings of consultants engaged
thereunder; '~nd professional, technical, and social services.
(b) "Contractual ~rvice" does not include:
1. Artistic services.
2. Academic program reviews or lectures by individuals.
3. Health services involving examination, diagnosis, treatment,
pre ion, medical consultation, or administration.
4. The acquisition of services from other governmental agencies
and the performance of services in-house, other than those
performed by an employee in an authorized position, wherein the
rate of pay for the performances of such services does not
exceed the rate of pay for an equivalent authorized position.
"County" is Collier County, Florida.
"County Manager" is the County Manager of Collier County, or his
F.
designee.
G.
"Extension" means an increase in the t~me allowed for the contract
period due to circumstances which, without fault of either party, make
performance impracticable or impossible, or which prevent a new contract from
being executed. Any increase in the total dollar amount of the contract for
which an extension is granted shall be based on the method and rate previously
established in the contract.
H. "Invitation to bid" means a written solicitation for sealed
competitive bids with the title, date, and hour of the public bid opening
designated and specifically defining the commodity, group of commodities, or
services for which bids are sought. It includes instructions prescribing all
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conditions for bidding and shall be distributed to all prospectiw~ bidders
simultaneously. The invitation to bid is used when the county is capable of
specifically defining the scope of work for which a contractual sl~rvice is
required or when the county is capable of establishing precise specifications
defining the actual commodity or group of commodities required.
I. "Minority-owned firm or company" means any legal entity, other than
a Joint venture, which is organized to engage in commercial transactions and
which is at least 51-percent owned and controlled by minority persons. The
term "minority person" means a member of a socially or economically
disadvantaged group which, foy{~the purposes of this section, includes Blacks
not of Hispanic origin, Hispanics, American Indians, Alaska Natives, Pacific
Islanders, women, and ph~ically or mentally disabled persons. As used in
this section, the term "physically or mentally disabled person" means a person
who has a physical, mental, or emotional impairment, defect, disease, ailment,
or disability of a, permanent nature which in any way limits the type of
employment for whit' he person would Otherwise be qualified. ..
J. "Officer" shall refer to any duly elected official of the county.
K. "Professional Services" is assistance obtained in support of County
operations from an independent contractor in one or more of the following
professional fields:
1. Appraisal Services - real and personal property appraisers.
2. Architecture, professional engineering, landscape architecture,
or registered land survey services (as per 287.055 F.S.).
3. Audit and A~counting Services - auditors and accountants.
4. Consultants - planning, management, or scientific advisors.
5. Financial Services - bond counsel, rating and underwriting,
financial advisor, and investment services.
6. Legal Services - attorneys and legal professionals,
7. Medical Services - medicine, psychiatry, dental,hospital, and
other health professionals.
Professional Services obtained by or paid for by the county for the
benefit of indigent clients shall be considered grants and not professional
services.
L. "Purchasing Director" or "Director" is the Furchasing Director of
Collier County.
M. "Qualified bidder" or "qualified offeror" means a person who has the
capability in all respects to perform fully the contract requirement and has
the integrity and reliability which will assure good faith performance.
N. "Renewal" means contracting with the same contractor for an
additional contract period after the initial contract period, only if pursuant
to contract terms specifically providing for such renewal.
O. "Request for proposals" means a written solicitation for sealed
proposals with the title, date, and hour of the public opening designated.
The request for proposals is used when the county is incapable of specifically
defining the scope of work fol..which the commodity, group of commodities, or
contractual service is required and when the agency is requesting that a
qualified offeror propose.a commodity, group of commodities, or contractual
service to meet the specifications of the solicitation document. A request for
proposals includes, but is not limited to, general information, applicable
laws and rules, functional or general specifications, statement of work,
proposal instructio~s, and evaluation criteria.
P. "Responsive bidder" or "responsive offeror" means a person who has
submitted a bid which conforms in all material respects to the invitation to
bid or request for proposals.
Q. "Using Agency" is any department, division, agency, commission,
Board, committee, ~uthority or other unit unde~ the direct or indirect control
of the Board of County Commissioners using commodities or procuring services
as provided for in this Ordinance.
Nothing contained herein shall be construed as requiring Collier County's
Constitutional Officers (Clerk of the Circuit- Court, Property Appraiser,
Sheriff, Supervisor of Elections and Tax Collector) to be covered by the
provisions of this Ordinance. However, the services of the Collier County
Purchasing Department and Purchasing Director may be made available for their
use ,
Section 3. Duties and Authorit~ of The Purchasin~ Director.
The Director shall have the authority to negotiate all purchases for all
using agencies except as required by State, Federal or Local Law.
Section 4. Conflict of Interest
No officer of the County shall contract with or have any business
dealings with the County whereby they may derive income or benefits other than
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026 3'93
. .:'.,JAMES C;'"~LE~, CLERK
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Approved as to fo~ and
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those provided as remuneration from the County for their employment. However,
no offJcer or employee of the County shall be prohibited from purchasing, at
public auction authorized by law, used goods or materials from the County on
the same basis as are all other members of the public. Further, the County
may purchase from any employee or officer any real or personal property owned
by such officer or employee which it is determined to be needed for County
business, provided that the consideration paid for such property does not
exceed its fair market value.
f
Section 5. Adoption of Purchasin~ Pol.icy.
The Board of County .Commi~ioners shall adopt by Resolution the Purchas-
ing Policy of Collier County. Said adopted policy shall have the full force
and effect of law and sh~il be binding upon all County employees. The Board
of County Commissioners may amend said Purchasing Policy by Resolution ap-
proved by the Board of County Commissioners at regularly advertised Commission
Meetings.
Section 6. Se~abilit¥.
In the event this Ordinance conflicts with any other ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any
phase or portion of this Ordinance is held invalid or unconstitutional by any
court of competent Jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
Section 7. Effective Date.
This Ordinance shall become effective upon receipt of notice from the
Secretary of State that this Ordinance has been.' filed with the Secretary of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
.~ , 1987. /
BOARD OF COUNTY COMMISSIONERS
COLLIER f,~NTY, FLORIDA o
MAX~ A: HASSE, JR. Chairman/
'l'~Is ord]nance filed with the
Secretary of State's Office th~. _
and acknowlec~ernent of that
fllin~g received ~'L~ ~ day
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, C/erk of Courts in and for the Twentieth
Judicial Circuit~.Collier County, Florida, do hereby certify that the
foregoing ts a true copy of:
ORDINANCE 8?-2§
which was adopted by the Board of County Commissioners on the 21st
day of April, 1'~? during Regular Sessi3n.
WITNESS my 'hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 21st day of April,
1987,
JAMES C. GILES
Clerk of Court~.'~M~"O,l~rk
Ex-officio to ~,,~.,
Countv_Cozmi~s~o~ers '. /. ',
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