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Backup Documents 06/23/2015 Item #17E COLLIER COUNTY FLORIDA #" lf„ REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ,,. r-) ".i; 1 7E To: Clerk to the Board: Please place the following as a: Y t,T XXX Normal legal Advertisement ❑ Other: (Display Adv., location,etc.) ***************************** ;-***************************,********************************************* Originating Dept/Div: Procurement Services Person: Joanne Markiewicz Date: 6/4/15 Petition No.(If none,give brief description): Ordinance—Amendment to Collier County Purchasing Ordinance Petitioner: (Name&Address): N/A Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) See above Hearing before X BCC BZA Other Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) June 23,2015 Newspaper(s)to be used: (Complete only if important): X Naples Daily News ❑ Other X Legally Required Proposed Text: (Include legal description&common location&Size): AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION THREE, APPLICABILITY; SECTION FIVE, ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING DIRECTOR; SECTION SEVEN, PURCHASES IN GENERAL, SECTION EIGHT, INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER THAN $50,000); SECTION FIFTEEN, PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS; SECTION SIXTEEN, PAYMENT OF INVOICES; SECTION EIGHTEEN, STANDARDIZATION,COOPERATIVE PURCHASING AGREEMENTS AND GOVERNMENT CONTRACTS; SECTION NINETEEN, CONTRACT ADMINISTRATION; SECTION TWENTY-SEVEN, PURCHASING CARD PROGRAM; AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES,AND AN EFFECTIVE DATE. Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes,what account should be charged for advertising costs: PO#4500159148 Reviewed by: . Joanne Markiewic --- --- 6/3/2015 Division Adminisb ar or Designee Date List Attachments: Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to Clerk's Office for processing. Note: If legal document is involved,be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to Minutes&Records. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. FOR CLERK'S OFFICE USE Or : Date Received: (x74 1 s Date of Public hearing: 0(231 Is Date Advertised:LO 'IDI I S `=: ORDINANCE NO. 2015 - AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION THREE, APPLICABILITY; SECTION FIVE, ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING DIRECTOR; SECTION SEVEN, PURCHASES IN GENERAL, SECTION EIGHT, INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER THAN $50,000); SECTION FIFTEEN, PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS; SECTION SIXTEEN, PAYMENT OF INVOICES; SECTION EIGHTEEN, STANDARDIZATION, COOPERATIVE PURCHASING AGREEMENTS AND GOVERNMENT CONTRACTS; SECTION NINETEEN, CONTRACT ADMINISTRATION; SECTION TWENTY- SEVEN, PURCHASING CARD PROGRAM; AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES,AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the Board) desires to seek the maximum value for the County by procuring the best value in obtaining commodities and contractual services; and WHEREAS,to better effectuate this desire, on December 10th, 2013, the Board adopted Ordinance No. 2013-69, known as the Collier County Purchasing Ordinance; and 'WHEREAS, issues have arisen with respect to the County Manager's authority to enter into agreements or purchases under $50,000, and the County Commission desires to clarify that the County Manager and the Procurement Services Director, and their designees, have had, and will continue to have, the authority to enter into such agreements; and WHEREAS, the Board of County Commissioners hereby makes a formal legislative finding that power to make purchases and enter into agreements and contracts under $50,000 are administrative and ministerial and promote the efficient administration of County government, and that having the County Manager and Procurement Services Director make purchases and enter into contracts under$50,000 is in the best interest of the County and secure the maximum efficiency for the benefit of the public; and WHEREAS, the Board of County Commissioners seek additional changes to the Purchasing Ordinance to increase efficiency and ease of administration; and WHEREAS, in keeping with the above, the Board of County Commissioners wishes to amend this Ordinance as follows. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: The Collier County Purchasing Ordinance is hereby amended as follows: liE SECTION ONE: Section Three of the Purchasing Ordinance is hereby amended as follows: SECTION THREE: Applicability and Approved Thresholds. (a) This Purchasing Ordinance applies to the procurement of goods and services by the County after the effective date of this Purchasing Ordinance. This Purchasing Ordinance shall apply to all expenditures of public funds by the Board of County Commissioners for public purchasing, irrespective of the source of the funds. Nothing in this section shall prevent the County from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law. (b) Nothing contained herein shall be construed as requiring Collier County's Constitutional Officers (Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of elections, and Tax Collector) or the Collier County Metropolitan Planning Organization to be covered by the provisions of this Purchasing Ordinance. However, the services of the Collier County Purchasing Department and Purchasing Director may be made available for consultation. (c) The Board of County Commissioners hereby delegates the County Manager and Procurement Services Director or designees, the authority to make purchases and enter into contracts for purchases or awards in an amount not to exceed $50,000. (d) Following formal action taken by the Board of County Commissioners on purchases greater than the formal competitive threshold, the Board delegates to the County Manager or designee the authority to carry out the administrative and ministerial actions necessary to effectuate the Board's action, including but not limited to the subsequent issuance of Work or Purchase Orders. SECTION TWO: Section Five of the Purchasing Ordinance is hereby amended as follows: SECTION FIVE: Establishment of Purchasing Department and Purchasing Procurement Services Director. 1. There is hereby established the Collier County Purchasing Department, which shall be a distinct administrative department under the direction of the County Manager. 2. The Purchasing Procurement Services Director of the Purchasing Department shall have the authority to negotiate all purchases for all Agencies except as required by State, Federal or Local Law. In keeping with Chapter 125, Florida Statutes, this Purchasing Ordinance grants to the Purchasing Procurement Services Director only those powers and duties which are administrative and ministerial in nature and does not delegate any governmental power imbued in the Board of County Commissioners as the governing body of the County pursuant to Fla. Const. Art. VIII, § 1(e). To this end, the below specifically enumerated powers are to be construed as administrative and ministerial in nature, for the purpose of carrying out the Board's directives and policies. The Procurement Services Director may delegate to one or more Purchasing Services Division employees any and all aspects of the authority vested in the Procurement Services Director. 2 17E 3. Any reference throughout this Ordinance to the Purchasing Director shall be amended and revised to refer to the Procurement Services Director, and to the Purchasing Manual shall be amended and revised to the Procurement Manual. SECTION THREE: Section Seven of the Purchasing Ordinance, Purchases in General, is hereby deleted in its entirety and replaced with the following: SECTION SEVEN: Small Purchases (Purchases $3,000 or less). A purchase shall not be artificially divided or split so as to qualify under this or any other section of this Purchasing Ordinance. All small purchases will generally be processed using a regular purchase order, or, a purchasing card in accordance with Section 27 of this Purchasing Ordinance. Operating Division staff should make all reasonable efforts to purchase goods and services under Board approved contracts. In the event a contract is not available, staff will procure the highest quality items or services at the least expense to the County after approval by the Procurement Services Director. Only the Board's Procurement Services staff may issue a qualification based solicitation. SECTION FOUR: Section Eight of the Purchasing Ordinance, Purchases under $50,000, is hereby deleted in its entirety and replaced with the following: SECTION EIGHT: Informal Competition (Purchases Exceeding $3,000 but Not Greater Than $50,000). A purchase shall not be artificially divided or split so as to qualify under this or any other section of this Purchasing Ordinance. Operating Division staff should make all reasonable efforts to purchase goods and services under Board approved contracts. In the event a contract is not available, or staff demonstrates that the price under contract exceeds the price on a non-contract, staff will procure the highest quality items or services at the least expense to the County by using the following informal competition process: A. Purchases exceeding $3,000 but not greater than $50,000 may be solicited by quotation as follows: 1. Minimum Number Quotes: Open market purchases or sales in excess of$3,000 but not greater than $50,000 shall be based on a good faith effort under direction of the Procurement Services Division to obtain at least three (3) competitive quotes. Awards shall be made to the lowest, qualified and responsive quote in accordance with the standards set forth in this Purchasing Ordinance. 1. Solicitation of Quotes: Open market sale or price quotes may be solicited in writing or electronically using available bidders' and supplier lists and must be tendered or confirmed in writing or electronically by the vendor prior to purchase. 3 I7E Only the Board's Procurement Services staff may issue a qualification based solicitation. Quote information will be reviewed and approved by the Procurement Services Director. 3. Public Record: The Procurement Services Director shall maintain records of all open market quotes according to public records law. Such records shall be open for public inspection after an award has been made. B. The requirements for requesting quotes from three (3) or more sources may be waived by the Procurement Services Director to the extent authorized by law for: 1. Purchase of library books, education and/or personnel tests, similar audio visual materials, periodicals, and printed library cards. 2. Professional services; and, in instances where commodities or services are purchased directly from the owner of a copyright or patent, a governmental agency, a recognized educational institution, or when there are no other identifiable sources available. 3. Purchases that the Procurement Services Director has determined to be legitimate sole or single source purchases. 4. Valid public emergencies or other exigent instances deemed by the County Manager pursuant to Section 25. 5. Purchase of services from experts or consultants by or through the Office of the County Attorney for purposes of preparing for or defending against imminent or pending civil litigation or administrative proceedings. SECTION FIVE: Section Fifteen: Procedure to Provide Preference to Local Businesses in County Contracts is hereby amended to add the following: (2) (c) Should a tie bid occur between a non-local bidder and a local bidder, the County shall award the contract to the local bidder. Should a tie occur between two local bidders, the County will "flip a coin"between the two lowest bidders. The coin toss winner will be awarded the contract upon approval by the Board of County Commissioners. SECTION SIX: Section Sixteen of the Purchasing Ordinance, Payment of Invoices, is hereby amended as follows: A. Agencies under the purview of the Board of County Commissioners shall be in compliance with Fla. Stat. Sec. 218.70, otherwise known as the "Local Government Prompt Payment Act." Pursuant to this, the requirements of this section shall apply to the following transactions: 4 a91`f Ilii 1. The purchase of commodities and services; 2. The purchase or lease of personal property; 3. The lease of real property. B. The County Manager shall establish and maintain procedures that authorize minor payment variances between the purchase order and invoice where warranted. The authority to pay such variances shall not exceed 5%of the purchase order amount or $500, whichever is less. $500. C. 137 The County Manager shall establish and maintain a process that authorizes the payment of freight and delivery charges that are not specifically identified on the purchase order of less than $500. D. G It shall be the responsibility of the County Manager, in consultation with the Clerk's Finance Director and operating Divisions, to establish, procedures for the timely payment of all transactions as defined under subsection 16.A. Such procedures shall include, but are not limited to the following: 1. Formally defining the County's requirements for the content and submission of a proper invoice, codifying the County's payment requirements and notifying each vendor of their availability. 2. Steps required for the receipt of all invoices and the prompt return of improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. E. D- Each December, the Procurement Services Purchasing Director and the Clerk of the Courts shall submit a report to the Board listing the number and total dollar amount of interest penalty payments made during the preceding fiscal year pursuant to Florida Statute 218. F. Prior to payment, the Board shall approve all expenditures with a finding that such expenditures serve a valid public purpose. SECTION SEVEN: Paragraph A of Section Eighteen of the Purchasing Ordinance is hereby amended by adding the following clause: SECTION EIGHTEEN: Standardization, Cooperative Purchasing Agreements and Governmental Contracts 5 1 E A. Where standardization is determined to be desirable by the Board of County Commissioners or included in the Purchasing Manual, the purchase of commodities may be made by negotiation with the approval of the purchase by the Board in accordance with Section 9; or if under the Formal Competitive Threshold, with approval of the purchase by the Procurement Services Director. SECTION EIGHT: Section Nineteen of the Purchasing Ordinance is hereby amended as follows: SECTION NINETEEN: Contract Administration. A. Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include, but not be limited to: 1. A listing of the scope of services to be performed or commodities to be purchased. 2. A provision specifying the criteria and the final date, or number of days, by which such criteria must be met for completion of the work. 3. A provision specifying the terms of cancellation by the County and where applicable, a provision specifying the terms of renewal. 4. Where applicable, a provision establishing the appropriate types and levels of insurance to be carried by the vendor. Said provision shall be employed in a manner consistent with minimum insurance standards approved by the Board of County Commissioners. 5. A provision requiring the contractor/vendor to inform the County if he/she has been convicted of a public entity crime subsequent to July 1, 1989. A purchase order that embodies these provisions shall be sufficient documentation of the procurement. Except as otherwise provided in this Purchasing Ordinance, the Purchasing Procurement Services Director shall determine the circumstances under which a Board approved purchase order(and all documents included by reference) shall serve as the contract document. B. Contract Manager: Every procurement of services shall be administered by the requesting Agency/Department. C. Contract Changes: Notices issued under a purchase order or contract may be authorized and executed by the Purchasing Director, except notices that terminate a Board approved purchase or contract in its entirety. Modifications to a Board approved purchase or contract, including but not limited to change orders, direct material purchases, notices to proceed or non compliance, stop work notices, use of approved allowances between line items, supplemental agreements, amendments and changes by letter may be authorized and executed by the 6 10 ten Purchasing Director provided that the change is not more than (10) percent of the current 1 E Board approved dollar amount. Such changes shall be reported monthly to the Board for approval by ratification. All material changes in scope of agreements must be approved by the Board in advance. The proviso at the end of the previous paragraph shall not be applicable to term contracts or blanket purchase orders where the County desires to procure commodities and/or services on an department(s). Such purchases shall be subject to all other provisions of this Purchasing Ordinance, Notices that terminate an entire purchase or contract that was Board approved and contract modifications that increase the total contract amount beyond the limits set forth above as applicable, shall require the approval of the Board of County Commissioners. The Board shall have broad authority, within the limits of the law, to evaluate and approve any recommended C. Contracts: Notices that terminate in its entirety a Board-approved purchase or contract must be approved by the Board of County Commissioners prior to its termination. 1. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that exceed ten (10%) of the current Board approved aggregate amount, or twenty percent (20%) of the current Board approved number of days; must be approved by the Board. 2. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that do not exceed ten (10%) of the current Board approved aggregate amount, or twenty percent (20%) of the current Board approved number of days; will be reported on the Procurement Services Administrative Ratification Report and presented to the Board for approval. 3. Modifications to Board approved purchases or contracts by the issuances of the following, but not limited to, direct material purchases, notices to proceed or non- compliance, stop work notices, authorization for the use of approved allowances and re- allocation of funds between line items, supplemental agreements, and changes by letter may be authorized and executed by the Procurement Services Director without further approval by the Board. 4. All material changes in scope of contracts must be approved by the Board in advance. 5. Sections one (1) through three (3) shall not be applicable to term contracts or blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate itself to a total contract amount. Rather, such purchases shall be based on fixed unit prices or other predetermined pricing methods and 7 „4, liE shall be limited in quantity by the amount of funds appropriated in the budget of the operating Division(s). Such purchases shall be subject to all other provisions of this Purchasing Ordinance The Board shall have broad authority, within the limits of the law, to evaluate and approve any recommended contract modification without requiring further competition. D. Contract Extension: Extension(s) of a Board-approved contract for commodities or non-construction services may be requested by the contract manager to the Purchasing Procurement Services Director in writing for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms and conditions set forth in the contract, if the extension period is provided for in the Board approved contract. The Purchasing Procurement Services Director shall have the authority to authorize and execute all such extensions, which must be issued prior to the expiration of the contract. Any extension(s) that exceed six months (cumulatively) shall be approved by the Board of County Commissioners. E. Contract Renewal: The Purchasing Procurement Services Director shall authorize and execute renewals of contracts for commodities and/or services subject to the following conditions: 1. That the Contractor has performed in a satisfactory manner and that the Purchasing Procurement Services Director has received a request to renew from the Contractor or Project Manager verifying the Contractor's satisfactory performance. 2. That the Board-approved contract pursuant to Section 9 Formal Competitive Threshold, provided for a renewal and is renewed subject to the terms and conditions set forth in the initial contract. Cost and term modifications are addressed in the original solicitation document and/or resultant contract. 3. That the renewal is done for a set period of time identified in the solicitation document and/or contract, commencing at the end of the contract period. 4. That a contract under the formal competitive threshold with multiple renewal year option terms may be approved annually by the Procurement Services Director. Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners. F. Contract Approval: All contracts for commodities and services exceeding Section Nine: Formal Competitive Threshold shall be authorized by the Board of County Commissioners. Once approved, subsequent purchase orders referencing those Board approved contracts may be issued by the Procurement Services Director. 8 I 7 . Contracts below Section Nine: Formal Competitive Threshold shall be subject to the review and approval by the County Attorney staff and signed by the Procurement Services Director. Purchase orders may be issued by the Procurement Services Director. G. Work Orders: The Purchasing Procurement Services Director may execute any work order if the work order is equal to or below such Board approval parameters for work orders as are set forth in the Board approved term contract for services under which the work order is generated. Work orders must be in sufficient detail to audit according to the approved contract. H. Consent to Assignments of Contract: For all Board approved contracts, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party. I. Authority Limitation and Delegation; Promulgation of Procedures: The Purchasing Procurement Services Director may delegate to one or more Procurement Services Division employees any or all aspects of the authority vested in the Purchasing Procurement Services Director. All authority to execute documents that is vested pursuant to this Section 19 in the Purchasing Procurement Services Director or any other person shall be subject to the limits of any applicable federal, state or other law. J. Payments to Contractors, Vendors and Consultants: Prior to the execution of a formal contract subject to this Procurement Ordinance, the Purchasing Procurement Services Director shall establish a formal payment schedule and payment terms within the agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and the formal solicitation documents. In accordance with Fla. Stat. Sec. 218.735(8), the Purchasing Procurement Services Director may establish, subject to Board approval, procedures to reduce to 5% the amount of retainage withheld from each subsequent progress payment issued to a contractor where applicable. The Purchasing Procurement Services Director may establish, in writing, a schedule(s) to further reduce the percentage of cumulative retainage held throughout the course of the project schedule where warranted and according to law. Recommendation to reduce the percentage of cumulative retainage shall be subject to the following: 1. That the term "cumulative retainage" is defined to mean "the dollar total of the funds retained from all payments issued under the contract divided by the gross dollar total of all monthly pay requests (or the total of all payment amounts deemed allowable by the project manager, whichever is less)." 9 17E 2. That any decision to reduce retainage shall be formally communicated in a letter to the Contractor's representative and that the letter affirmatively states that the Contractor has performed the contract work in a satisfactory manner. 3. That the cumulative retainage not be adjusted until at least 50% of the work has been completed and payment has been issued. 4. That the Purchasing Procurement Services Director's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests. The Purchasing Procurement Services Director may authorize the partial release or payment of contract retainage to the contractor prior to final completion of all project work provided that: 1. The contractor has performed in a satisfactory manner to date as verified in writing by the Project Manager. 2. The total aggregate work under the agreement is at least 50% completed and accepted (i.e.; payments equaling at least 50% of the contract amount less retainage have been issued). 3. The retainage dollar amount to be released is based upon and consistent with the prevailing percentage of cumulative retainage being held at the time that the retainage is released. SECTION NINE: Section Twenty-Seven of the Purchasing Ordinance, is hereby amended as follows: SECTION TWENTY-SEVEN: Purchasing Card Program. The Purchasing Procurement Services Director shall be responsible for the overall management and operation of the County's purchasing card program in conformance with the Collier County Administrative Practices and Procedures Manual. For the purpose of this Purchasing Ordinance, a purchasing card is a credit card officially assigned to specific employees under the purview of the Board of County Commissioners' agency for the purpose of transacting small and/or strategic purchases. The Purchasing Procurement Services Director shall be authorized to assign cards to employees for these purchases. The Purchasing Procurement Services Director shall be responsible for establishing the following dollar limits for each assigned card: *********** D. Sales Tax Compliance: Pursuant to Section 212.08(6), F.S., County purchases transacted with vendors within the State of Florida are exempt from the State sales and use tax. In such instances, it is the responsibility of the cardholder to provide the vendor with the appropriate tax exemption information when the card is presented to the vendor. In the event that the cardholder 10 17E fails to provide the vendor with the appropriate tax exemption information when the card is presented the cardholder may be responsible for payment of the tax. It is the position of the Board that it is not cost effective or in the public interest to require a cardholder to seek a credit for sales tax collected when the total sale does not exceed $300. In the event that the total sale exceeds $300, the cardholder's Director is responsible to ensure the tax is returned to the County for the purchase. In all such instances, the Procurement Services Director shall ensure that the purchase has been approved subject to all other provisions of this policy. All fixed assets purchased using a purchasing card shall be properly reported to the Fixed Assets Section of the Clerk of Courts Finance Division so that it can be properly recorded. SECTION TEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TWELVE: Effective Date. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of June, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TIM NANCE, CHAIRMAN 11 17E Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney 12 17E EXECUTIVE SUMMARY Recommendation to amend the Procurement Ordinance, No. 2013-069, as recommended and authorize the County Attorney to advertise a future public hearing date for adoption. OBJECTIVE: To amend the Procurement Ordinance. CONSIDERATIONS: The Board's Procurement Ordinance was adopted on December 10, 2013 (Agenda Item 17J). The adopted ordinance exempted specific references to purchases at or below $50,000 and the Board directed that the 2009 Purchasing Policy, Resolution No. 2009-30, be used to govern purchases below this threshold pending Board adoption of a Procurement Manual. A Procurement Manual was presented on the Board's agenda on January 28, 2014, Agenda Item 11E. That item was continued. The Procurement Manual was presented on the Board's agenda on April 22, 2014, Agenda Item 11E. As a result of the discussion on this item, the County Attorney was directed by the Board to work with the Clerk of Courts to request an Attorney General opinion. Ultimately, county staff and the Clerk could not reach consensus on the question that should be posed for the Attorney General's review. On April 1, 2015, the Clerk of Courts filed a lawsuit against Leo E. Ochs, Jr., County Manager, and Joanne Markiewicz, Procurement Services Director, in their capacity as agents of the Board of County Commissioners. It is advisable at this time to consolidate the Board's procurement policies into a single ordinance governing all aspects of the procurement process to provide a single source document for policy direction and efficient administration by staff. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: To amend the Procurement Ordinance, No. 2013-069 as recommended, and authorize the County Attorney to advertise a future public hearing date for adoption. PREPARED BY: Leo E. Ochs, Jr., County Manager I7E Martha S. Vergara From: Rodriguez, Wanda Sent: Thursday, June 04, 2015 8:17 AM To: Patricia L. Morgan; Minutes and Records Cc: Markiewicz, Joanne;Allen, Debbie; Neet, Virginia Subject: re: Naples News Legal Advertisement Attachments: 2_Advertisement Final.pdf; 1_Proposed Procurement Ordinance.pdf; 0_ES.pdf Please process the attached ad request to run on Wednesday, June 10. If on June 9 the BCC should fail to approve the advertising we will request to "kill" the ad before it runs. Let us know if you have any questions, Wanda Rodriguez, .ACT .Advanced Certified Paralegal- Office aralegalOffice of the County Attorney (239)252-8400 From: MarkiewiczJoanne Sent: Thursday, June 04, 2015 6:58 AM To: Patricia L. Morgan Cc: RodriguezWanda; PriceLen; AllenDebbie; BrockMaryJo; DurhamTim Subject: Naples News Legal Advertisement Trish: I have been working with the County Attorney's Office on the attached advertisement for the Procurement Ordinance (and as such, Wanda and Debbie are copied). On Tuesday, June 9th (Item 11G), the Board will determine if they want to advertise a public hearing for adoption of a new Procurement Ordinance on June 23, 2015. Attached please find the necessary documents to contact the Naples News for advertisement should the Board approve the item: • The advertisement; • The Purchase Order number to be billed; • The Proposed Ordinance; and • The Executive Summary (Item 11G scheduled for the June 9th meeting). Please finalize the ad, and be prepare to execute upon concurrence of the Board. Should you need additional information, please give me a call. Respectfully, Joanne Joanne Markiewicz, CPM Director, Procurement Services Division Collier County 3327 Tamiami Trail E Naples, Fl 34112 Telephone: 239-252-8975 liE Acct. #027354 June 6, 2015 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 RE: Ord. Amending Ord. 2013-69, Collier County Purchasing Ordinance Dear Legals: Please advertise the above referenced notice on Wednesday, June 10, 2015, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500159148 C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 23, 2015, in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, will consider the enactment of a County Ordinance . The meeting will commence at 9 : 00 A.M. The title of the proposed Ordinance is as follows : AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION THREE, APPLICABILITY; SECTION FIVE,ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING DIRECTOR; SECTION SEVEN, PURCHASES IN GENERAL, SECTION EIGHT, INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER THAN $50,000); SECTION FIFTEEN, PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS; SECTION SIXTEEN, PAYMENT OF INVOICES; SECTION EIGHTEEN, STANDARDIZATION, COOPERATIVE PURCHASING AGREEMENTS AND GOVERNMENT CONTRACTS; SECTION NINETEEN, CONTRACT ADMINISTRATION; SECTION TWENTY-SEVEN, PURCHASING CARD PROGRAM; AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND AN EFFECTIVE DATE. A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 7 1E 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 Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17E Martha S. Vergara From: Martha S.Vergara Sent: Thursday, June 04, 2015 12:01 PM To: Naples Daily News Legals Cc: Gori, Ivonne (ivonne.gori@naplesnews.com) Subject: FW: Ord. Amending Ord. 2013-69 Collier County Purchasing Ordinance Attachments: Ord. Amending Ord. 2013-69 (6-23-15).doc; Ord. Amending Ord. 2013-69 (6-23-15).doc Ivonne, Here are the attachments included!! Sorry! Martha From: Martha S. Vergara Sent: Thursday, June 04, 2015 11:59 AM To: Naples Daily News Legals Subject: Ord. Amending Ord. 2013-69 Collier County Purchasing Ordinance Legals, Please advertise the following attached ad Wednesday, June 10, 2015. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 Martha S. Vergara From: Martha S.Vergara Sent: Thursday, June 04, 2015 11:59 AM 1 E To: Naples Daily News Legals i Subject: Ord. Amending Ord. 2013-69 Collier County Purchasing Ordinance Legals, Please advertise the following attached ad Wednesday, June 10, 2015. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 17E Martha S. Vergara From: Gori, Ivonne <ivonne.gori@naplesnews.com> Sent: Friday, June 05, 2015 10:00 AM To: Martha S.Vergara Subject: 2059400 Ad Confirmation Attachments: UAS4660.jpg Hi Martha! Please find attached a proof for your review for Publication on Wednesday June 10th, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 06/05/15 Publication NDN Account Number 503641 Ad Number 2059400 Total Ad Cost $398.04 1 NOTICE OF INTENT TO CONSIDER ORDINANCE 7g Notice is hereby given that on Tuesday. June 23, 2015, in the Boardroom, ird Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE COWER C 0 UNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION THREE , APPLICABILITY. SECTION FIVE, ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING DIRECTOR, SECTION SEVEN, PURCHASES IN GENERAL, SECTION EIGHT, INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER THAN $50„000); SECTION FIFTEEN, PROCEDURE TO PROVIDE PREFER ENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS; SECTION SIXTEEN, PAYMENT OF INVOICES; SECTION EIGHTEEN , STANDARDIZATION, COOPERATIVE PURCHASING AGREEMENTS A N D GOVERNMENT CONTRACTS, SEC-110N NINLitEN, CONTRACTADMINISTRATION, SECTION TWENTY-SEVEN, PURCHASING CARD PROGRAM; AND LASTLY PROVID- ING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. AND AN EFFECTIVE DATE A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W. Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office.. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) June 10 2015 No. 2059400 Martha S. Vergara From: Martha S.Vergara Sent: Friday, June 05, 2015 10:04 AM 1 7 To: 'Gori, Ivonne' Subject: RE: 2059400 Ad Confirmation Importance: High Ivonne, Can you take a look at the proof.. The spacing is off by a lot for title: Line 1 County is spread out Line 2 Section three - the word three is has extra spaces between the letters Line 7 lots of extra space Line 8 *same issue as line 2 Line 9 * same issue as line 2 Martha Original Message From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Friday,June 05, 2015 10:00 AM To: Martha S. Vergara Subject: 2059400 Ad Confirmation Hi Martha! Please find attached a proof for your review for Publication on Wednesday June 10th, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 06/05/15 Publication NDN Account Number 503641 Ad Number 2059400 Total Ad Cost $398.04 1 NOTICE OF INTENT TO CONSIDER ORDINANCE 17E Notice is hereby given that on Tuesday. June 23, 2015, in the Boardroom, Third floor, Administration Building, Collier County Government tenter, 3299 East Tamiarni Trail, Naples, Florida, the Board of County Commissioners, will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE 2013.69, KNOWN AS THE COLLIER C 0 UNTY PURCHASING ORDINANCE,BY SPECIFiCAIJ.Y AMENDING SECTION THREE . APPL.ICABIt.,ITf;SECTION FIVE, ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING DIRECTOR;SECTION SEVEN, PURCHASES IN GENERAL, SECTION FIGHT, INFORMAL COMPETITION (PURCHASES E X CE E DI NG $3.000 BUT NOT GREATER THAN $50,000);SECTION FIFTEEN, PROCEDURE TO PROVIDE PREFER. ENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS;SECTION SIXTEEN, PAYMENT OF INVOICES;SECTTON EIGHTE E N , STANDARDIZATION, COOPERATIVE PURCHASING AGREEMENTS A N D GOVERNMENT CONTRACTS;SECTION NINETEEN,CONTRACT ADMINISTRATION; SECTION TWENTY-SEVEN, PURCHASING CARD PROGRAM;AN D LASTLY PROVID ING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES,AND AN EFFECTIVE DATE. A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. Ail interested parties are invited to attend and be heard. NOTE Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouragedif recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will became a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings js 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 Department, located at 3335 Tamiami Trail Fast, Suite 1101, Building W. Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office, BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) June 10, 2015 No. 2059400 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 8 Martha S. Vergara ` 1 7 From: Rodriguez, Wanda Sent: Friday, June 05, 2015 10:15 AM To: Martha S.Vergara; Markiewicz, Joanne Subject: RE: Ord.Amending Ord. 2013-69 Purchasing Ord. Martha, In the last paragraph of this ad, and all others going forward, Facilities Management Division (not a department anymore). Other than this and your highlighted formatting issues, I don't see anything else problematic. Wanda'Rodriguez, .ACP .Advanced Certified ParaCegaC Office of the County Attorney (239) 252-8400 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, June 05, 2015 10:10 AM To: RodriguezWanda; MarkiewiczJoanne Subject: Ord. Amending Ord. 2013-69 Purchasing Ord. Wanda, Here is the ad proof from NDN, the highlighted are issues that I have already let her know about. Can you review to make sure there isn't anything else that needs changes. Thanks Martha 1 17E Martha S. Vergara From: Martha S.Vergara Sent: Friday,June 05, 2015 10:21 AM To: Gori,Ivonne (ivonne.gori@naplesnews.com) Subject: 2059400 Ad Conformation Importance: High Last Paragraph can you change the highlighted word Department to Division.. 1 17E Notice is hereby given that on Tuesday, June 23, 2015, to the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples. Florida, the Board of County Commissioners, will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE 201349, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION THREE. APPLICABILITY;SECTION FIVE, ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING DIRECTOR; SECTION SEVEN, PURCHASES IN GENERAL SECTION EIGHT. INFORMAL COMPETITION (PURCHASES EXCFEDiNG $3,000 BUT NOT GREATER THAN $50,000);SECTION FIFTEEN, PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS;SECTION SIXTEEN. PAYMEN1 OF INVOICES;:SECTION EIGHTEEN, STANDARDIZATION, COOPERATIVE PURCHASING AGREEMENTS AND GOVERNMENT CONTRACTS; SECTION NINETEEN. CONTRACT ADMINISTRATION; SECTION TWENTY-SEVEN, PURCHASING CARD PROGRAM; AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES,AND AN EFFECTIVE DATE. A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item.. Persons wishing to have written or graphk materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior To the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier Count' Facilities Management Department, located at 3335 Tamiami Trail East, Suite k101, Building W. Naples. Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) June 10, 2015 No. 2059400 2 liE Martha S. Vergara From: Gori, Ivonne <ivonne.gori@naplesnews.com> Sent: Friday, June 05, 2015 10:25 AM To: Martha S.Vergara Subject: REVISED 2059400 Ad Confirmation Attachments: UAS1C47.jpg Martha please find revised proof for your approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 06/05/15 Publication NDN Account Number 503641 Ad Number 2059400 Total Ad Cost $391.62 1 NOTICE OF INTENT TO CONSIDER ORDINANCE / 7E Notice is hereby given that on Tuesday, June 23 2015 in the Boardroom oo +� » i ! 9 ai�droorri, Third Floor, Administration Building, Collier County Government Center, 3299 East Tarriiami Trail, Naples, Florida, the Board of County Commissioners, will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE COWER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION THREE, APPLICABILITY; SECTION FIVE, ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING DIRECTOR, SECTION SEVEN, PURCHASES IN GENERAL, SECTION EIGHT, INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER THAN $50,000); SECTION FIFTEEN, PROCEDURE TO PROVIDE PREFERENCE TO, LOCAL BUSINESSES IN COUNTY CONTRACTS; SECTION SIXTEEN, PAYMENT OF INVOICES; SEC I ION EIGHTEEN, STANDARDIZATION, COOPERATIVE PURCHASING AGREEMENTS AND GOVERNMENT CONTRACTS, SECTION NINh i tEN, CONTRACT ADMINISTRATION; SECTION TWENTY-SEVEN, PURCHASING CARD PROGRAM, AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND AN EFFECTIVE DATE. A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: Al/ persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item_ The selection of an individual to speak on behalf of an organization or group is encouraged if recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective Bublic hearing. In any case, written materials intended to be consicered by the oard shall be-submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tai iami Trail East, Suite 101, Building W, Naples, Florida 34112, (239) 252-8380 Assisted listeningdevices for the hearing impaired are available in the County Commissioners' Of ice. BOARD OF COUNTY COMMISSIONERS. COWER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, Ci FRK By: Martha Vergara, Deputy Clerk (SEAL) June 10, 2015 No.. 2059400 • 1 Martha S. Vergara F�'° From: Rodriguez,Wanda Sent: Friday,June 05, 2015 10:36 AM To: Martha S. Vergara Cc: Markiewicz, Joanne; Neet, Virginia Subject: re: Ord. Amending Ord. 2013-69 Attachments: UAS1C47 jpg Looks good now, thanks! Wanda Rodriguez, MCP .Advanced Certified Paralegal Office of the County .Attorney (239)252-8400 Original Message From: Martha S. Vergara [mailto:Martha.Vergara0collierclerk.com] Sent: Friday, June 05, 2015 10:31 AM To: RodriguezWanda; MarkiewiczJoanne Subject: Ord. Amending Ord. 2013-69 Importance: High Wanda & Joanne, Attached is the final revision with the word Division in the last paragraph, please review and let me know of any changes ASAP. Thanks, Martha Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 17E Martha S. Vergara From: Martha S. Vergara Sent: Friday, June 05, 2015 10:41 AM To: 'Gori, Ivonne' Subject: RE: REVISED 2059400 Ad Confirmation Ivonne, The legal department has reviewed and approved the ad proof, please proceed with publishing as requested. Thanks, Martha Original Message From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Friday,June 05, 2015 10:25 AM To: Martha S. Vergara Subject: REVISED 2059400 Ad Confirmation Martha please find revised proof for your approval. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 06/05/15 Publication NDN Account Number 503641 Ad Number 2059400 Total Ad Cost $391.62 1 • 17E Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News OFFICE OF THE COUNTY ATTORNEY JEFFREY KLATZKOW 3299 TAMIAMI TRL E #700 NAPLES FL 34112-5749 REFERENCE : 027354 59773345 NOTICE OF INTENT TO State of Florida Counties of Collier and Lee NOTICE OFINTENT TOCONSIDER ORDINANCE- Before the undersigned authority, r`.i'svildl Notice is hereby given that on Tuesday,June 23, 2015, in the Boardroom, Third 7 pc y Floor, Administration Building, Collier County Government Center, 3299 East p aeared Dan McDermott says that he serves as the Tamiami Trail, Naples, Florida, the Board of County Commissioners, will consider �' r y the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. Inside Sales Supervisor, of the Naples Daily News, The title of the proposed Ordinance is as follows: a daily newspaper published at Naples, in Collier AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE,BY SPECIFICALLY AMENDING SECTION THREE, County, Florida : distributed in Collier APPLICABILITY; SECTION FIVE, ESTABLISHMENT OF PURCHASING DEPARTMENT AND SEVEN, IN GENERAL SEION and Lee counties of Florida; that the attached EIGHT,U N ORCHASING RMALDIRECTOR;COM ETITIONION(URCHASESURCHASES EXCEEDNG 53,000 BUTCT NOT GREATER THAN 550,000); SECTION FIFTEEN, PROCEDURE TO PROVIDE copy of advertising was published in said PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS;SECTION SIXTEEN, PAYMENT OF INVOICES; SECTION EIGHTEEN, STANDARDIZATION, COOPERATIVE newspaper on dates listed. PURCHASING AGREEMENTS AND GOVERNMENT CONTRACTS;SECTION NINETEEN, •, CONTRACT ADMINISTRATION; SECTION TWENTY-SEVEN, PURCHASING CARD Affiant further says that the said Naples Daily PROGRAM; AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES,AND AN EFFECTIVE DATE. News is a newspaper published at Naples, in said A Copy of the proposed Ordinance is on file with the Clerk to the Board and.is Collier County, Florida, and that the said available for inspection.All interested parties are invited to attend and be heard. newspaper has heretofore been continuously NOTE: All persons wishing to speak on any agenda item must register with the County administratorprior to presentation of the agenda item to be addressed. day and has been entered as second class mail 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 matter at the post office in Naples, in said recognized by the Chairman, a spokesperson for a group or organization may be Collier County, Florida, for a period of 1 year allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda next preceding the first publication of the packets must submit said material a minimum of 3 weeks prior to the respective attached copy of advertisement; and affiant publicrhall be. Ib any case, wpn materials Co ntys aff to be cum of ed by the Board shall be submitted to the appropriate County staff a minimum of seven days further says that he has neither paid nor prior c the public permanent r All mecord. used in presentations before the Board will become a ermanent art of the record. promised any person, firm or corporation any Any person who decides to appeal a decision of the Board will need a record of the , discount, rebate, commission or refund for the proceedings ronis and thwhich may deed tolu ensuresththatea verbatim record of the proceedings is made, which record includes the testimony and purpose of securing this advertisement for evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to publication in the said newspaper. participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite#101, Building W, Naples, Florida PUBLISHED ON: 06/10 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By: Martha Vergara,.Deputy Clerk (SEAL) June 10.2015 No 2059400 AD SPACE : 122 LINE FILED ON: 06/10/15 Signature of Affiant g r Sworn to and Subscribed before me this 04 day of q� A 201 j Personally known by me c C� eleliVa4 Notary Public State of Florida Susan D Flora , My Commission FF 040250 �4`OF fe Expires 07/28/2017 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP 10E' x°!25 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK ► 6/23/15 • 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office NAV 1424,5 i5 ,2.23 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Joanne Markiewicz,Purchasing Phone Number 252--8975 Contact/ Department Agenda Date Item was 6/23/15 ,,. Agenda Item Number 9{.f u ly 17-E) Approved by the BCC Type of Document Ordinance amending Purchasing Ordinance Number of Original One - Attached 2015 3"7 Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/23/15 and all changes made during the JAK N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by theN/• is not BCC,all changes directed by the BCC have been made,and the document is ready for e o ption for Chairman's signature. Y` ethi ire.. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 17E ORDINANCE NO. 2015 - 3 7 AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION THREE, APPLICABILITY; SECTION FIVE, ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING DIRECTOR; SECTION SEVEN, PURCHASES IN GENERAL, SECTION EIGHT, INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER THAN $50,000); SECTION FIFTEEN, PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS; SECTION SIXTEEN, PAYMENT OF INVOICES; SECTION EIGHTEEN, STANDARDIZATION, COOPERATIVE PURCHASING AGREEMENTS AND GOVERNMENT CONTRACTS; SECTION NINETEEN, CONTRACT ADMINISTRATION; SECTION TWENTY- SEVEN, PURCHASING CARD PROGRAM; AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the Board) desires to seek the maximum value for the County by procuring the best value in obtaining commodities and contractual services; and WHEREAS,to better effectuate this desire, on December loth, 2013, the Board adopted Ordinance No. 2013-69, known as the Collier County Purchasing Ordinance; and WHEREAS, issues have arisen with respect to the County Manager's authority to enter into agreements or purchases under $50,000, and the County Commission desires to clarify that the County Manager and the Procurement Services Director, and their designees, have had, and will continue to have, the authority to enter into such agreements; and WHEREAS, the Board of County Commissioners hereby makes a formal legislative finding that power to make purchases and enter into agreements and contracts under $50,000 are administrative and ministerial and promote the efficient administration of County government, and that having the County Manager and Procurement Services Director make purchases and enter into contracts under $50,000 is in the best interest of the County and secure the maximum efficiency for the benefit of the public; and WHEREAS, the Board of County Commissioners seek additional changes to the Purchasing Ordinance to increase efficiency and ease of administration; and WHEREAS, in keeping with the above, the Board of County Commissioners wishes to amend this Ordinance as follows. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Collier County Purchasing Ordinance is hereby amended as follows: Words Underlined are added; Words Struck Through are deleted. Page 1 of 11 liE SECTION ONE: Section Three of the Purchasing Ordinance is hereby amended as follows: SECTION THREE: Applicability and Approved Thresholds. (a) This Purchasing Ordinance applies to the procurement of goods and services by the County after the effective date of this Purchasing Ordinance. This Purchasing Ordinance shall apply to all expenditures of public funds by the Board of County Commissioners for public purchasing, irrespective of the source of the funds. Nothing in this section shall prevent the County from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law. (b) Nothing contained herein shall be construed as requiring Collier County's Constitutional Officers (Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of elections, and Tax Collector) or the Collier County Metropolitan Planning Organization to be covered by the provisions of this Purchasing Ordinance. However, the services of the Collier County Purchasing Department and Purchasing Director may be made available for consultation. (c) The Board of County Commissioners hereby delegates the County Manager and Procurement Services Director or designees, the authority to make purchases and enter into contracts for purchases or awards in an amount not to exceed $50,000. (d) Following formal action taken by the Board of County Commissioners on purchases greater than the formal competitive threshold, the Board delegates to the County Manager or designee the authority to carry out the administrative and ministerial actions necessary to effectuate the Board's action, including but not limited to the subsequent issuance of Work or Purchase Orders. SECTION TWO: Section Five of the Purchasing Ordinance is hereby amended as follows: SECTION FIVE: Establishment of Purchasing Department Procurement Services Division and Purchasing Procurement Services Director. 1. There is hereby established the Collier County Purchasing Department Procurement Services Division, which shall be a distinct administrative department under the direction of the County Manager. 2. The Purchasing Procurement Services Director of the Purchasing Department shall have the authority to negotiate all purchases for all Agencies except as required by State, Federal or Local Law. In keeping with Chapter 125, Florida Statutes, this Purchasing Ordinance grants to the Purchasing Procurement Services Director only those powers and duties which are administrative and ministerial in nature and does not delegate any governmental power imbued in the Board of County Commissioners as the governing body of the County pursuant to Fla. Const. Art. VIII, § 1(e). To this end, the below specifically enumerated powers are to be construed as administrative and ministerial in nature, for the purpose of carrying out the Board's directives and policies. The Procurement Services Director may delegate to one or more Purchasing Services Division employees any and all aspects of the authority vested in the Procurement Services Director. Words Underlined are added;Words Struck Through are deleted. Page 2 of 11 17E 3. Any reference throughout this Ordinance to Purchasing Ordinance shall be amended and revised to Procurement Ordinance, the Purchasing Department to Procurement Services Division, the Purchasing Director shall be amended and revised to refer to the Procurement Services Director, and to the Purchasing Manual shall be amended and revised to the Procurement Manual. SECTION THREE: Section Seven of the Purchasing Ordinance, Purchases in General, is hereby deleted in its entirety and replaced with the following: SECTION SEVEN: Small Purchases (Purchases $3,000 or less). A purchase shall not be artificially divided or split so as to qualify under this or any other section of this Purchasing Ordinance. All small purchases will generally be processed using a regular purchase order, or, a purchasing card in accordance with Section 27 of this Purchasing Ordinance. Operating Division staff should make all reasonable efforts to purchase goods and services under Board approved contracts. In the event a contract is not available, staff will procure the highest quality items or services at the least expense to the County after approval by the Procurement Services Director. Only the Board's Procurement Services staff may issue a qualification based solicitation. SECTION FOUR: Section Eight of the Purchasing Ordinance, Purchases under $50,000, is hereby deleted in its entirety and replaced with the following: SECTION EIGHT: Informal Competition (Purchases Exceeding $3,000 but Not Greater Than $50,000). A purchase shall not be artificially divided or split so as to qualify under this or any other section of this Purchasing Ordinance. Operating Division staff should make all reasonable efforts to purchase goods and services under Board approved contracts. In the event a contract is not available, or staff demonstrates that the price under contract exceeds the price on a non-contract, staff will procure the highest quality items or services at the least expense to the County by using the following informal competition process: A. Purchases exceeding $3,000 but not greater than $50,000 may be solicited by quotation as follows: 1. Minimum Number Quotes: Open market purchases or sales in excess of$3,000 but not greater than $50,000 shall be based on a good faith effort under direction of the Procurement Services Division to obtain at least three (3) competitive quotes. Awards shall be made to the lowest, qualified and responsive quote in accordance with the standards set forth in this Purchasing Ordinance. 2. Solicitation of Quotes: Open market sale or price quotes may be solicited in writing or electronically using available bidders' and supplier lists and must be tendered or confirmed in writing or electronically by the vendor prior to purchase. Words Underlined are added;Words Struck Through are deleted. Page 3 of 11 17E Only the Board's Procurement Services staff may issue a qualification based solicitation. Quote information will be reviewed and approved by the Procurement Services Director. 3. Public Record: The Procurement Services Director shall maintain records of all open market quotes according to public records law. Such records shall be open for public inspection after an award has been made. B. The requirements for requesting quotes from three (3) or more sources may be waived by the Procurement Services Director to the extent authorized by law for: 1. Purchase of library books, education and/or personnel tests, similar audio visual materials, periodicals, and printed library cards. 2. Professional services; and, in instances where commodities or services are purchased directly from the owner of a copyright or patent, a governmental agency, a recognized educational institution, or when there are no other identifiable sources available. 3. Purchases that the Procurement Services Director has determined to be legitimate sole or single source purchases. 4. Valid public emergencies or other exigent instances deemed by the County Manager pursuant to Section 25. 5. Purchase of services from experts or consultants by or through the Office of the County Attorney for purposes of preparing for or defending against imminent or pending civil litigation or administrative proceedings. SECTION FIVE: Section Fifteen: Procedure to Provide Preference to Local Businesses in County Contracts is hereby amended to add the following: (2) (c) Should a tie bid occur between a non-local bidder and a local bidder, the County shall award the contract to the local bidder. Should a tie occur between two local bidders, the County will "flip a coin" between the two lowest bidders. The coin toss winner will be awarded the contract upon approval by the Board of County Commissioners. SECTION SIX: Section Sixteen of the Purchasing Ordinance, Payment of Invoices, is hereby amended as follows: A. Agencies under the purview of the Board of County Commissioners shall be in compliance with Fla. Stat. Sec. 218.70, otherwise known as the "Local Government Prompt Payment Act." Pursuant to this, the requirements of this section shall apply to the following transactions: 1. The purchase of commodities and services; Words Underlined are added;Words Struck Through are deleted. Page 4 of 11 17E 2. The purchase or lease of personal property; 3. The lease of real property. B. The County Manager shall establish and maintain procedures that authorize minor payment variances between the purchase order and invoice where warranted. The authority to pay such variances shall not exceed 5% of the purchase order amount or $500, whichever is less. The County Manager shall establish and maintain a process that authorizes the payment of freight and delivery charges that are not specifically identified on the purchase order of less than $500. C. W The County Manager shall establish and maintain a process that authorizes the payment of freight and delivery charges that are not specifically identified on the purchase order of less than $500. D. E It shall be the responsibility of the County Manager, in consultation with the Clerk's Finance Director and operating Divisions, to establish, procedures for the timely payment of all transactions as defined under subsection 16.A. Such procedures shall include, but are not limited to the following: 1. Formally defining the County's requirements for the content and submission of a proper invoice, codifying the County's payment requirements and notifying each vendor of their availability. 2. Steps required for the receipt of all invoices and the prompt return of improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. E. D Each December, the Procurement Services Purchasing Director and the Clerk of the Courts shall submit a report to the Board listing the number and total dollar amount of interest penalty payments made during the preceding fiscal year pursuant to Florida Statute 21g. F. Prior to payment, the Board shall approve all expenditures with a finding that such expenditures serve a valid public purpose. SECTION SEVEN: Paragraph A of Section Eighteen of the Purchasing Ordinance is hereby amended by adding the following clause: SECTION EIGHTEEN: Standardization, Cooperative Purchasing Agreements and Governmental Contracts A. Where standardization is determined to be desirable by the Board of County Commissioners or included in the Purchasing Manual, the purchase of commodities may be made by negotiation with the approval of the purchase by the Board in accordance with Section Words Underlined are added; Words Struck Through are deleted. Page 5 of 11 I7E 9; or if under the Formal Competitive Threshold, with approval of the purchase by the Procurement Services Director. SECTION EIGHT: Section Nineteen of the Purchasing Ordinance is hereby amended as follows: SECTION NINETEEN: Contract Administration. A. Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include, but not be limited to: 1. A listing of the scope of services to be performed or commodities to be purchased. 2. A provision specifying the criteria and the final date, or number of days, by which such criteria must be met for completion of the work. 3. A provision specifying the terms of cancellation by the County and where applicable, a provision specifying the terms of renewal. 4. Where applicable, a provision establishing the appropriate types and levels of insurance to be carried by the vendor. Said provision shall be employed in a manner consistent with minimum insurance standards approved by the Board of County Commissioners. 5. A provision requiring the contractor/vendor to inform the County if he/she has been convicted of a public entity crime subsequent to July 1, 1989. A purchase order that embodies these provisions shall be sufficient documentation of the procurement. Except as otherwise provided in this Purchasing Ordinance, the Purchasing Procurement Services Director shall determine the circumstances under which a Board approved purchase order (and all documents included by reference) shall serve as the contract document. B. Contract Manager: Every procurement of services shall be administered by the requesting Agency/Department. C. Contract Changes: Notices issued under a purchase order or contract may be authorized and executed by the Purchasing Director, except notices that terminate a Board approved - . -. ' . . : . agreements. amendments and changes by letter may be authorized and executed by the approval by ratification. All material changes in scope of agreeme • : .• - •- Board in advance. Words Underlined are added;Words Struck Through are deleted. Page 6of11 17E blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate itself to a total contract amount. Rather, such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be Ordinance. Notices that terminate an entire purchase or contract that was Board approved and contract modifications that increase the total contract amount beyond the limits set forth above as have broad authority, within the limits of the law, to evaluate and approve any recommended contract modification without requiring further competition. C. Contracts: Notices that terminate in its entirety a Board-approved purchase or contract must be approved by the Board of County Commissioners prior to its termination. 1. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that exceed ten (10%) of the current Board approved aggregate amount, or twenty percent (20%) of the current Board approved number of days; must be approved by the Board. 2. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that do not exceed ten (10%) of the current Board approved aggregate amount, or twenty percent (20%) of the current Board approved number of days; will be reported on the Procurement Services Administrative Ratification Report and presented to the Board for approval. 3. Modifications to Board approved purchases or contracts by the issuances of the following, but not limited to, direct material purchases, notices to proceed or non- compliance, stop work notices, authorization for the use of approved allowances and re- allocation of funds between line items, supplemental agreements, and changes by letter may be authorized and executed by the Procurement Services Director without further approval by the Board. 4. All material changes in scope of contracts must be approved by the Board in advance. 5. Sections one (1) through three (3) shall not be applicable to term contracts or blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate itself to a total contract amount. Rather, such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by the amount of funds appropriated in the budget of the operating Division(s). Such purchases shall be subject to all other provisions of this Purchasing Ordinance. Words Underlined are added;Words Struck Through are deleted. Page 7 of 11 17E The Board shall have broad authority, within the limits of the law, to evaluate and approve any recommended contract modification without requiring further competition. D. Contract Extension: Extension(s) of a Board-approved contract for commodities or non-construction services may be requested by the contract manager to the Purchasing Procurement Services Director in writing for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms and conditions set forth in the contract, if the extension period is provided for in the Board approved contract. The Purchasing Procurement Services Director shall have the authority to authorize and execute all such extensions, which must be issued prior to the expiration of the contract. Any extension(s) that exceed six months (cumulatively) shall be approved by the Board of County Commissioners. E. Contract Renewal: The Purim Procurement Services Director shall authorize and execute renewals of contracts for commodities and/or services subject to the following conditions: 1. That the Contractor has performed in a satisfactory manner and that the Purchasing Procurement Services Director has received a request to renew from the Contractor or Project Manager verifying the Contractor's satisfactory performance. 2. That the Board-approved contract pursuant to Section 9 Formal Competitive Threshold, provided for a renewal and is renewed subject to the terms and conditions set forth in the initial contract. Cost and term modifications are addressed in the original solicitation document and/or resultant contract. 3. That the renewal is done for a set period of time identified in the solicitation document and/or contract, commencing at the end of the contract period. 4. That a contract under the formal competitive threshold with multiple renewal year option terms may be approved annually by the Procurement Services Director. Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners. F. Contract Approval: All contracts for commodities and services exceeding Section Nine: Formal Competitive Threshold shall be authorized by the Board of County Commissioners. Once approved, subsequent purchase orders referencing those Board approved contracts may be issued by the Procurement Services Director. Contracts below Section Nine: Formal Competitive Threshold shall be subject to the review and approval by the County Attorney staff and signed by the Procurement Services Director. Purchase orders may be issued by the Procurement Services Director. G. Work Orders: The Purchasing Procurement Services Director may execute any work order if the work order is equal to or below such Board approval parameters for work orders as Words Underlined are added;Words Stuck Through are deleted. Page 8 of 11 17E are set forth in the Board approved term contract for services under which the work order is generated. Work orders must be in sufficient detail to audit according to the approved contract. H. Consent to Assignments of Contract: For all Board approved contracts, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party. I. Authority Limitation and Delegation; Promulgation of Procedures: The Purchasing Procurement Services Director may delegate to one or more Procurement Services Division employees any or all aspects of the authority vested in the Purchasing Procurement Services Director. All authority to execute documents that is vested pursuant to this Section 19 in the Purchasing Procurement Services Director or any other person shall be subject to the limits of any applicable federal, state or other law. J. Payments to Contractors, Vendors and Consultants: Prior to the execution of a formal contract subject to this Procurement Ordinance, the Purchasing Procurement Services Director shall establish a formal payment schedule and payment terms within the agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and the formal solicitation documents. In accordance with Fla. Stat. Sec. 218.735(8), the Purchasing Procurement Services Director may establish, subject to Board approval, procedures to reduce to 5% the amount of retainage withheld from each subsequent progress payment issued to a contractor where applicable. The Purchasing Procurement Services Director may establish, in writing, a schedule(s) to further reduce the percentage of cumulative retainage held throughout the course of the project schedule where warranted and according to law. Recommendation to reduce the percentage of cumulative retainage shall be subject to the following: 1. That the term "cumulative retainage" is defined to mean "the dollar total of the funds retained from all payments issued under the contract divided by the gross dollar total of all monthly pay requests (or the total of all payment amounts deemed allowable by the project manager, whichever is less)." 2. That any decision to reduce retainage shall be formally communicated in a letter to the Contractor's representative and that the letter affirmatively states that the Contractor has performed the contract work in a satisfactory manner. 3. That the cumulative retainage not be adjusted until at least 50% of the work has been completed and payment has been issued. Words Underlined are added;Words Struck Thro gh are deleted. Page 9 of 11 17E 4. That the Purchasing Procurement Services Director's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests. The Purchasing Procurement Services Director may authorize the partial release or payment of contract retainage to the contractor prior to final completion of all project work provided that: 1. The contractor has performed in a satisfactory manner to date as verified in writing by the Project Manager. 2. The total aggregate work under the agreement is at least 50% completed and accepted (i.e.; payments equaling at least 50% of the contract amount less retainage have been issued). 3. The retainage dollar amount to be released is based upon and consistent with the prevailing percentage of cumulative retainage being held at the time that the retainage is released. SECTION NINE: Section Twenty-Seven of the Purchasing Ordinance, is hereby amended as follows: SECTION TWENTY-SEVEN: Purchasing Card Program. The Purchasing Procurement Services Director shall be responsible for the overall management and operation of the County's purchasing card program in conformance with the Collier County Administrative Practices and Procedures Manual. For the purpose of this Purchasing Ordinance, a purchasing card is a credit card officially assigned to specific employees under the purview of the Board of County Commissioners' agency for the purpose of transacting small and/or strategic purchases. The Purchasing Procurement Services Director shall be authorized to assign cards to employees for these purchases. The Purchasing Procurement Services Director shall be responsible for establishing the following dollar limits for each assigned card: *********** D. Sales Tax Compliance: Pursuant to Section 212.08(6), F.S., County purchases transacted with vendors within the State of Florida are exempt from the State sales and use tax. In such instances, it is the responsibility of the cardholder to provide the vendor with the appropriate tax exemption information when the card is presented to the vendor. In the event that the cardholder fails to provide the vendor with the appropriate tax exemption information when the card is presented the cardholder may be responsible for payment of the tax. It is the position of the Board that it is not cost effective or in the public interest to require a cardholder to seek a credit for sales tax collected when the total sale does not exceed $300. In the event that the total sale exceeds $300, the cardholder's Director is responsible to ensure the tax is returned to the County for the purchase. Words Underlined are added;Words StFuek-Through are deleted. Page 10 of 11 17E In all such instances, the Procurement Services Director shall ensure that the purchase has been approved subject to all other provisions of this policy. All fixed assets purchased using a i purchasing card shall be properly reported to the Fixed Assets Section of the Clerk of Courts Finance Division so that it can be properly recorded. SECTION TEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TWELVE: Effective Date. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 23 v ck day of June, 2015. ATTEST: F..%P70 ��>> BOARD OF COUNTY COMMISSIONERS DWIGHT >✓.'>3kb'CI ',Clerk COLLIER COUNTY, FLORIDA B y ' r„ � Y :I By. j t�,a*G� Attest aS to uhatrlll l ;` epft 1 • erk`� TIM NANCE, CHAIRMAN signatureor .; s+=),'1 Approved at to form ancf legality: Jeffrey t latkow, County Attorney j This ordinance filed with the ry of SiAJatYe''s Of, `.1Ofice Ittie `'dal, . 5 and acknowofledgement_q1' that fiR received this da of 0 , e i ti Sy 1•. 1.aw�Ila►�■- 6 OW Words Underlined are added;Words Struck TL rough are deleted. Page 11 of 11 1 7 E AI 8 - • FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 25, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention: Ms. Martha Vergara, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2015-37, which was filed in this office on June 25, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us