Resolution 1987-103
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APRIL 28, 1987
RESOLUTION NO. 87 - 103
RESOLUTION PURSUANT TO ORDINANCE NO 87 _
ESTABLISHING A PURCHASING POLICY FOR COLLIER COUNTY
WHEREAS, the Board of County Commissioners on the 21st day of April
1987, enacted _ Ordinance No. 8~ which Ordinance estat.lished a system of
purchasing administration for the government of Collier County, Florida, and
providing for a Director of Purchasing; and
WHEREAS, Ordinance No. 87 - ~ provides for the establislnuent and
approval of a Purchasing Policy to govern all aspects of Purchasing Adminis-
tration; and
WHEREAS, The Board of County Commissioners has determined that it is in
tbe best interest of Collier County that the sttached Policy be established
and approved a. the lawful rules and regulations governing the Collier County
purchasing administration.
HOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORmA THAT:
All prior purchasing policies are hereby repealed and superseded by tbe
purchasing policy attacbed hereto and incorporated herein by reference
and said policy is hereby established and approved as the Purchasing
Policy for the administrative service of Collier County; Florida,
pursuant to Ordinance No. 87 - 25 .
This Resolution adopted after motion, second and roll CAll vote as
follows:
COMMISSIONER Goodnight !bt-..ioood and aye
COMMISSIONER Saurxlers Secorx3ed and aye
COMMISSIONER Pistcr Aye
,', COMMISSIONER Glass Absent and not voting
Hasse Aye
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BOARD OF COUNTY COMHISSIONERS
COLLIER.n, FLORIDA rP
By:~a~
MAX A HASSE, JR";. CHAIRMAN
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APf1tO~. AS t~tFORH AND LEGAL
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UNNETH B. CUYLER
COLLIEIl COtJHTY ORNE! : _ t '
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l'URCtIAsING POLICY OF COLLIER COUNTY
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,1.'-." ESTAllLISBHZHT OF PURcHAsING POLICY: Ordinance No. 87 - ~ provides for
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.' the' ~doptlon of a Purchasing Policy.
Resolution No. 87 -103
e.tablishes the following Purchasing Policy:
II. PURCHASING DEPARTHENT RESP{$SIBILITIES
A. The Purchasing Depart1llent shall be responsible for:
1. Seeking Minimum Expenditure: Act to procure for the County the
highest quality in 8upplies and contractual services at least
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expense to the County.
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2. Encouraging C01Ilpetition: Endeavor to obtain as full and open
c01llpetition as possible ~ all purchases and sales.
3. Procedures: Establish and amend, when necessary, operational
procedures for the implementation of the Purchasing Policy
provided by Ordinance. Said prOcedures shall bec01lle effective
only when approve:! in writing by the County Manager. Copies
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of the procedures shall be maintained on fil. in the office of
the Purchasing Direetor.
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4. Purchasing Analysis: Keep informed of current developments in
the field of purchasing, prices, market conditions and new
products, and secure for the County the benefits of research
conducted in the field of purchasing by other governmental
jur~sdic:tions, national technical societies, trade associations
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having national recognition, and by private business and
organizationa.
5. Purchasing Manual! Presctibe and maintain a standard
Purchasing Manual for all u,8ing agencies. The content of said
Il8nual rill be gcWernedby this policy.
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6. ~: Prescribe and maintain such forms as shall be found
reasonably necessary to the operation of thi8 Policy.
7. Vendor Certification: Document that vendors doing business
with the County have aclcnowledged their under8tand~ng and
acceptance of the terms and conditions of the County's
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Purchasing Policy and have agreed to sbide by those terms.
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APRIL 28, 1987
8. Bulk Purchases Exploit the possibilities of buying "in bulk" so
as to take full advantage of discount.
9. Vendors' Catalog Fil~: Prepare, adopt and maintain a vendor's
catalog file.
Said cataiog shall b~ filed according to
mater1al. and .hall contain descriptions of vendors'
commodities,prices, and discount.
10. Tax Exemptions: Act so as to procure for the County tax
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exemptions to which it is entitled.
11. Cooperation: Cooperate with using agencies so as to secure for
the County the maximum efficiency in budgeting and accounting.
12. Disqualification of Bidders: Have the responsibility to
ascertain the identity of all vendors who default their
quotations or bids to the County and to determine if said
vendors shall be. removed fr01ll purchasing conaideration for a
period of three years unless this prohibition is expressly
waived by the Board of County Commissioners.
13. Authority to Question: Have ful~ authoi"ity to question the
quality, quantity, and kinds of items requisitioned in order
that the best interests of the County are served.
III. nELD PURCHASE ORDERS (Purchases Under $500)
A. Field Purchase Orders, with the approval of the authorized
signatory. will be used departments for immediate purchase of
commodities, out-of-tovn travel expenditures and services not to
exceed the maximum value of $~OO.OO.
IV. QUOTATIONS (Purchases Under $6,000)
A. All purcbases of commodities and contractual services of a total
estimated value over $500 and less than the formal Bid Base of Six
Thousand Dollars ($6,000.00) may ~e made in the open market without
newspaper advertisement and without formal bid. All purchases not
requiring formal sealed bid shall be awarded by the Purchasing
Director to the qualified and responsive vendor submitting the
lowest quote which meets all specifications:
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APRIL 28, 1987
1.
Minimum NUlIlber Quotes: Open market purchases or sales in excess
of $500 but less than $6,000 shall be based on at least three
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(3) competitive q~otes ~~~~shall be awarded to the lowest
qualified and responsive quote in accordance with the
standards set forth in this policy.
2. Solicitation of Quotes: The Director may solicit either oral
or written quotes for open market pricing or sale, using
available bidders' and supplier lists. All oral quotes in
excess of $3,000 shall be confirmed in writing by the vendor
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prior to purchase.
3. Public Record: The Director shall keep a record of all open
market quotes submitted and such records shall be open to
~blic inspection after award has been made.
B. The requirements for requesting quotes from three (3) or more
sources are waived and do not require Board action for:
1. Purchase of library books, education and/or personnel tests,
similar audiovisual materials, periodicals, printed library
cards and,
2. Professional se~ces; and, in instances when authorized by the
Purchasing Director where commodities or services are purchased
directly fr01ll the owner of a copyright or patent, a
governmental agency, a recognized educational institution, or
when there are no other identifiable sources available.
v. FORMAL SEALED Bm PROCEDURE (Purchases over $6,000)
It is the intent of the Board of County Commissioners to establish a bid
base of Six Thousand Dollars ($6,000) for purchases. Any purchase of
cOlllllodities or contractual services costing $6,000 or more shall be
accomplished by competitive sealed bid. Award of Bid Contract shall be
made by the Board to toe lowest qua1ified and responsive bidder unless an
exception is granted by the Board. Bid limits for requir~ents utilizing
federal or state funds viII he those required by said agency granting the
funds or the County's requirements, whichever are more stringent.
A. Notice Inviting Bids:
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APRIL 28, 1987
1. Newspaper: Notice inviting bids shall be published once in the
main newspaper distributed in the County and at least ten (10)
days preceding tbe last day set f~r the receipt of
propoBal.Jl.
2. Scope of Notice: The newspaper notice required herein shall
include a general description of the articles to be purchased
or sold, shall state where bid instructions and specifications
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may be secured, and the time and place for opening bids.
3. Bidders' List: The Director shall also solicit sealed bids
fr01ll qualified prospective vendors who have requested their
na1lles be placed on a "bidders' list", which the Director shall
maintain, by sending them a copy of such a newspaper notice or
such other notice as will acquaint them with the proposed
purchase or sale. Invitations sent to the vendors on the
bidders' list shall be limited to commodities or services that
are similar in character and ordinarily handled by the trade
group to which the invitations ~re sent. Vendors may be
removed fr01ll the bidders' list for continual non-response to
bid requests.
4. Bid Deposits: When deemed necessary by the Director, bid
deposits shall be prescribed in the public notices inviting
bids. Said deposits shall be in the amount equal to five
percent of the bid submitted. The Director shall have the
authority to return the ~eposits of all bidders excepting those
posted by the three lowest qualified and responsive bidders
prior to award of bid contract by the Board of County
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Commissioners. A successful bidder shall forfeit any deposit
required by the Director upon failure on the vendor's part to
enter into a contract within ten (10) working d3Ys after
written notice of award.
s. Bid Addenda
An addendum to a specification shall be defined as an addition
or change in the already prepared specifications for which an
invitation has been mailed for formal quotations or an
advertisement has been published for a formal advertised sealed
bid.
~D~K .104 flJ(~ 81
Any addendum to a request for formal advertised
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APIUL 28, 1987
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sealed bids shall be approved by the Department
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Director or designee and the Purchasing Director.
The addendU1ll shall clearly point out any addition or
change ~o the specifications.
b. The Purchasing Department shall be responsible for
insuring that a11 prospective bidders who have
received specifications are notified of the addendum
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in writing prior to opening of bids.
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Procedure for Bids:
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1. Sealed Bidol Bid. shall be submitted sealed to the
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Director and shall be clearly identified as bids on the
outside of the sealed e~eiope.
2. Opening: Bids shall be opened in public at the t11lle and place
stated in the pubiic notices and shall be witnessed and
certified.
3. Tabulation: A tabulation of all bids received shall be 1IlSde
and shall be available for public inspection.
C.
Exception for Single Source Commodities:
Purchaaes of cOIIIllIOdities and services in the amount of $6,000 or
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more from a singl. source may be exempted from bid requirements by
the Board upon certification by the Purchasing Director stating the
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conditions and circUmstances requiring the purchase. This
certification shall describe the need and the reason(s) that the
item 18 the only one that will produce the desired results.
D. Tie Bids:
Where there are low tie bids and anyone of the low qualified
vendors has a principal place of business located in Collier County,
the bid shall be awarded to the local bidder. If all are "local"
bidders, award shall be 1IlSde to a minority owned contractor, by lot,
or the Board of County Commissioners 1IlSy reject all bids.
E. Rejection of Bids and Negotiation:
1. The Board of County Commissioners shall have the authority to
. reject any and all bids.
2. If the lowest and most responsive bid exceeds the
budgeted 81IloUnt and the Board of County Commissioners does not
1IlSke additional funds available, the Purchasing Director 1IlSy
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APRIL 28, 1987
negotiate changes witb the low qualified bidder that will bring
prices \nto budgeted limits, or the item(s) may be readvertised
for bidding after ~aking sufficient changes within the limit of
the money availabie.
3. If no bid is received, the Board of County Commissioners may
authorize the Purchasing'Director to purchase by negotiation
under conditions most favorable to the public interest and when
said purchase will result in the lowest ultimate cost of the
commodities or services obtained.
F. Waiver of Irregularities and Bid Process
Tbe Board of County Commissioners shall have the authority to waive
any and all irregularities in any and all formal bids. However, any
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waiver of thn bid process in a apecific instance shall not ~erve to
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waive bidding of future purchases of a similar or exact nature.
G.
Award of Bid Contract:
The Chairman, when authorized by majority vote of the Board, shall
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execute formal cont~acts having . b~nding effect upon the ~ounty.
Foraal contracts shall not be required where a Purchase Order is
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sufficient. A formal contract shall be awarded by the Board of
County Commissioners to the lowest qualified and responsive bidder.
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In addition to the price th~re shall be considered the following:
1. The ability, capacity and skill of the bidder to perform the
contract.
2. The ability of the bidd,!r to perform the contract within the
time required, without delay or interference.
3. The experience and efficiency of the bidder.
4. The quality and performance of previous contracts awarded to
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the bidder.
s. The previous and existing cOlllpliance by the bidder with laws
and ordinances relating to the contract.
6. The quality, availability and adaptability of the commodities
or contractual services to the particular use required.
7. The ability of the bidder to provide future maintenance and
service (where applicable).
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&'RIL 28, 1987
All recommendations for award of bid contract viII be reviewed and
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approved by the Purchasin~' birecto~ prior to presentation to the
Board of County Commissioners.
Bidders competing for a prospective bid award vill not be permitted
to address the Board regarding a prospective purchase prior to the
time of award uniess requested to do so by the Purchasing Director
or by a 1Il&jority vote of the Board.
VI. PRoct1RF2fEHT OF PROFESSIONAL SERVICES
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A. Because differences in price 1Il8Y only be a minor concern compared to
qualitative considerationa, professional services lII8Y be exempted
from the competitive bidding process.
Instead, professional
services vill be typically acquired through competitive selection
and negotiations in a lII8nner consistent vith Section 287.055,
Florida Statutes, known as the "Consultant's COIIIpetitive Negotistion
Act" unless otherwise specified in the County's Purchasing policy
and procedures or unles. specifically waived by the Board of County
ComIIissioners.
B. A professional service shall be defined as assistance obtained in
sdpport of county ope~ationa fr01ll an ~ndependent contractor in one
or more of the following professional fields:
1. Appraisal Service. - rea1 .nd personal property appraisers.
2. Architecture, professional engineering, landscape architecture,
or registered land .u~eYing .services (as per 287.0S5~F.~.)
3. Audit and Accounting Services - auditors and accountants
(excepting the selection of the annual auditor which shall be
conducted as per Section 11.45 P.S.).
4. Consultants - planning, 1Il8nagement, technological or scientific
advisors.
5. Financial Serviceil - bottd counsel, rating and u~derwriting"
financial advisor. 4nd investment services.
6. Legal Services - attorneys and legal professionals.
7. Medical Services - medicine, psychiatry, dental, hospital, and
other health professionals.
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APRIL 28, 1987
c. Requests for outside legal services will be referred to the County
Manager and the COunty Attorney for review and comment as to whether
said services are necessary and/or appropriate.
D. Requests for all other professional services must be approved by the
County Manager and the Board of County Commissioners (except in
cases of emergency) where the basic construction costs of a project
exceed $120,000 or any planning or study activity which exceeds
$6,000.
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E.
Iequ2sts for all other professional services estimated to be less
than the thresholds specified in VI.D must be approved by the County
Hanager or his designee.
F. The following steps in the compe;itive selection and negotiations
process will require approval of the Board of County Commissioners:
1. Authorization to distribute "Request For Proposals" in a manner
consistent with the definition of said term found in Section 2
of the Ordinance 87-~. Notice of s6.id "Requests" shall be
published once in the main newspaper distributed in the county
and at least twenty-one (21) days preceding the last day set
for the receipt of proposals.
2.
Designation of the competitive negotiations responsibility to
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the appropriate entity (either the Board of County
Commissioners, staff or committee).
3. Establislnuent of the top three firms and priority ranking of
said firms prior to the ~nitistion of negotiations.
4. Selection of the firm and award of the contract for provision
VII. PAYMENT OF DUES FOR MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS
of the service(s) requested.
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County iunds may be used to pay for dues for membership in a professionsl
or other organization provided that such expenditure meets the following
criteria:
1. Such membership is deemed necessary to meet duties and
responsibilities required by Federal, State or local mandate or to
facilitate proper professional ~evelopment.
2. The organizat1on of memberShip is of a non-profit nature.
3. Sufficient funds are available within the proper appropriation unit.
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'!".:'~.' '~:,:'!', $500 or Less: Require approval of the authorized signatory.
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, T"':., r:;;, _ cOlllDodities shall be evidenced by a written document containing all
-',_:\. ~.:.. provisions and conditions of the procureme!1t. Said document shall
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APRIL 28, 1987
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VIII. STANDARDIZATION , COOPERATIVE PURCHASING AND GOVERNMENTAL CONTRACTS
A. Where standardization is determined to be desirable by the Director,
the purchase of commodities may be made by negotiation with the
approval of the Board of County Commissioners if more than the
competitive bid limit or by the County Manager if less than the
competitive bid iimit.
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B. The Director shall have the authority to jOin with other units of
government in cooperative purchasing ventures when in the best
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interests of the County. If funds have already been budgeted. no
;~:~:/:" . ;, further Board action whi be required.
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c. Purchases made under tbe State of Florida contract will be governed
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as follows:
Above $12,000: Require competitive bidding and Board approval.
$6,001 - $12,000: Require three (3) quotes and the approval of the
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Purchasing Director.
$501 ~ $6,000:
Require the prior approval of tbe Purchasing
Depar.tment.
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1. A listing of the scepe of services to be performed or
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commodities to be purchased.
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contract.
A provision specifying the criteria and the final date by
which such criteria mUst be met for completion of the
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3. A provision specifying the terms of cancellation by the
county and where applicable, a provieion specifying the.
terms of renewai.
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4. Where applicable, a provision establishing the appropriate
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types and levels of insurance to be carried by the vendor.
Said provision shall be employed in a manner consistent
With minimum insurance standards approved by the Board of
COUnty CommiSSioners.
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APRIL 28, 1987
A Purchase Order shall be sufficient documentation except in such case(s)
where indemnification and insurance provisions are appropriate, thereby
"requiring a formal contract.
,Aformal.contract shali be required for all procurements in excess of the
competitive bid threshhold tha~ involve services.
B. Contract Manager: Every procurement of services shall be
administered by the using agency (requesting department).
C. Contract Changes: Change orders to a Board approved purchase or
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contract llay be approved by the County Manager provided that the
change (or the sum of the changes):
1. Amounts to 10 percent or less of the Board approved amount, and
2. Does not exceed $50,000.
D. Contract Extension: Extension of a contract for services may be
requested by the contract manager to the purchasing director in
writing for a p~riod not to exceed six (6) months and shall be
subject to the same terms and conditions set forth in the initial
contract. There shall be only one extension of a contract unless
the failure to meet the criteris set forth in the contract for
completion of the contract is due to events beyond the control of
the contractor. Said extension may be authorized by the County
Mansger. Any subsequent extensions shall b. approved by the Board
of County Commissioners.
E. Contract Renewal: Direction for the renewal of a contract for
services shall be in writing by the contract I18nager to the
purchasing director and shall be subject to the terma and conditions
eet forth in the 1nitisl contract. The cost of any cont.mplated
renewals shall be included in the Invitation to Bid or Request for
Proposals. Renewals are to be done on a yearly basis, and any such
contracts shall not be renewed for more than 2 years unless
competitively procured or otherwise specified by the Board of County
Commissioners.
Renewals shall be contingent upon satisfactory
performance evaluations by the agency.
F. Contract Approval: All contracts for services in excess of the
competitive bid or competitive selection threshold (whichever is
applicable) shall be approved by the Board of County Commissioners.
Contracts for less than the competitive bid or competitive selection
threshold may be approved by the County Hanager or his designee.
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. AP,RIL 28, 1987
x. PERFORMANCE AND PAYHEltt BONDS.
A contractor or vendor shal1 provide a surety bond fr01ll a surety company
to guarantee full and faithful performance of a contract obligation and
the payment of labor and material expended pursuant to a contract
whenever, and in such 8lIIounts, as required by statute or otherwise as
deemed necessary by the Purchasing Director. An irrevocable letter of
credit fr01ll a financial institution operating within the state of Plorida
asy be sufficient in place of tbe performance bond if so provided for in
the bid and contract docU1llents. Ail such bonds or letters of credit
sball be approved as to foI'll by the County Attorney.
Prior to Board action on a public building or public work construction or
repair contract at or above the ,competitive bid threshold, the Board
shall be informed by the Purchasing Director or Using Agency at public
meeting of any such proposed contract that dOGS not require a performance
and paY1llent bond. Thereupon, Board award of such contract not requiring
- . a performance and payment bond shall be considered an exemption fr01ll said
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XI.
requi.~;emen~.
UNAUTHORIZED PURCHASES "
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Ho County. officer orelllplOfee shall. intentionally order, other tben by
Field Purcbase Order, the purcbasa of any commodities or servic18, or
make any contract within the purview of this policy other than through
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the Purchasing Director. Any purchase order or contract made contrary to
the provisions hereof shall not be approved and the county shall not be
bound thereby. All purchases made within the provisions of this policy
shall be made with a Field or Regular Purchase Order, whichever is
appropriate.
A. Exceptions: This section shill not apply to the paY1llent of prem1uma .....' '.'
for insurance policies that have been acquired through prior Board
action. !hie section shall ,not apply to nor supercede Resolution(s)
86-30, 86-209 and 87-16.
XII. PROHIBITION AGAINST SUBDIVISION
No ,contract or purchase_ shail be subdivided to avoid the requirements of
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t~is})~H'cy .
XIII.EHEiGENCY PURCHASES
A. : By ,County ManagerS In case of an emergency which requires. .,
immediate purchase of commodities or service in excess of
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APRIL 28, 1987
$6,000, the County Manager shail be empowered to authorize the
Director to secure by open 1Il8rket procedure as herein set forth. any
commodities or services.
The County Manager shall have the
authority to act in the case of any emergency including the issuance
of emergency change orders. Any e1llergency action shall be reported
at the first available regular or special meeting of the Board of
County Commissioners.
B. By Purchasing Director: In case of any eIIIergency which requires
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1mmediate purchase of commodities or services in the amount less
than $6,000, the purchasing director shall be empowered to secure
such services and c~odities by open market procedure as herein set
forth. Such action shall be reported imIlIediately to the County
Manager and at the first available regular or special ~eeting of the
Board of County Commissioners.
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This section in no way constrains the provisions of Ordinance 84-37.
XIV. INSPECTION AND TESTING
The Director shall inspect, or supervise the inspection of, or cause to
be inspected, all deliveries of supplies or services to determine their
cor10rmance vith the specifications set forth in an order or contract.
A. Inspection by Using Agency: The Director shall have the authority
to auth~rize using agencies having the staff and facilities for
adequate inspection to inspect all deliveries 1Il8de to such using
agencies under rules and regulations which the Director shall
prescribe.
B. Testing: The Director shall have the authority to require chemical
and physical tests of samples submitted with bids and samples of
deliveries which are necessary to determine their quality and
conformance with specifications. In the performance of such tests,
the Director &ball have the authority to 1Il8ke use of laboratory
facilities of any agency of the County or of any outside laboratory.
xv. SURPLUS SUPPLIES AND TANGIBLE PERSONAL PROPERTY
All using agencies shall submit to the Director, at such times and in
such form as shall be prescribed, reports shoving stocks of all tangible
personal property which are no longer used or which have become obsolete,
worn out or scrapped.
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aOOK 104 PAG!: 90 APRIL 28, 1987
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A. Transfer: The Director shall have the authority to transfer
surplus stock to other using agencies.
B. !!!!: The Director shall have authority to sell all supplies of
a value less than $200 which have become unsuitable for County
use, or to exchange, or trade-in the same, for new supplies.
Sales under this section shall be made to the highest
responsible quote and in conformance with Chapters 125 and 274,
Florida Statutes. All such sales are to be recorded in
officisl Board minutes, aa required by Itatute. Sales in
excess of $200 Ih!Jll require prior approval of the Board of
County Commissioners.
XVI. CENTRAL STORES
The Director shall control and supervise storero01llS and shall
administer the same.
A. Accounting Procedure: Requisitions for supplies from Central
Stores vill be credited by the Purchasing Department to the
storeroom's revolving fund by a charge against the
appropriation of the using agency, or by Invoice.
B. Inventory: The Di~ector shall maintain a perpetual inventory
record of all materials, supplies or equip1llent stored in
storero01llS.
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XVII.
COPIER PROGRAM
XVIII.
All common photocopying functions will be under the direction of the
Purchasing Director. The Purchasing Depsrtment shall carry out the
responsibilities of purchssing equipment and supplies, regulations,
service and maintenance, maintaining records and furnishing the
Finance Department with necessary data to equitably charge using
departments for copying services. Copiers used to benefit a sole
user are exempted and are the responsibility of the using
department.
PRICE AGREEMENT CONTRACT PROCEDURE
The head of a using agency shall have the authority to submit
requisitions to the Director for. supplies available under the terms
of a "fixed price agreement" entered into in accordancl! w~t~ ~he
terms of this Policy and previously approved by the Board. This
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APRIL 28, 1987
procedure is for cases where a lfmited nU1llber of vendors can perform
a specific requirement and the vendors need to be utilized on a
regular basis.
XIX. SEVERABILITY
If 4ny one or more of the provisions of this Policy should be held
contrary to any provision of 1aw or contrary to express law, though
not expressly prohibited, or against public policy, or shall for any
reason vbatsoever be held invalid, then such provision(s) shall be
null and void and shall be deemed severable frOlll the remaining
provisions of this Policy and in no way shall affect the validity of
all other provisions of this POlicy.
xx. REPEAL PRIOR AND CONFLICTING POLICIES
All resolutions and policies or parts of resolutions and policies,
XXI. EFFECTIVE DATE
in conflict herewith, be and the same are hereby repealed.
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An officisl copy of this Policy shall be filed in the office of the .,',
Clerk to the Board of County C~issioners immedi~~ely af~er
enactment and this Policy shall take effect at that time.
ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
BY RESOLUTION, IN OPEN SESSION April 28, 1987
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