Ordinance 2016-11 ORDINANCE NO.2016- 11
AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE
COLLIER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY
AMENDING SECTION TWELVE, "COMPETITIVE PROPOSALS," TO
INCORPORATE A PROCEDURE TO ACCEPT UNSOLICITED
PROPOSALS; PROVIDING FOR CONFLICT AND SEVERABILITY,
PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES,AND PROVIDING FOR 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 10, 2013, the Board adopted
Ordinance No. 2013-69,known as the Collier County Purchasing Ordinance; and
WHEREAS, the Board subsequently amended Ordinance No. 2013-69 through its
adoption of Ordinance Nos. 2015-37 and 2015-51; and
WHEREAS,the Board seeks additional changes to the Purchasing Ordinance in order to
include a procedure to accept unsolicited proposals.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION TWELVE OF ORDINANCE NO.
2013-69,AS AMENDED.
Section Twelve of Ordinance No. 2013-69, as amended, is hereby amended as follows:
SECTION TWELVE: Competitive Proposals.
A. The Competitive Proposal process is a method of contract selection that may be utilized
by the Purchasing Director under circumstances where one or more of the following conditions
exist:
1. Where qualitative considerations are of equal or greater concern than pricing
considerations.
2. Where the conditions of the purchase do not lend themselves to the formal sealed
bid process or the award of a firm, fixed fee contract.
3. Where the County is incapable of specifically defining the scope of work for
which the commodity(s) or service(s) is required and where the vendor is asked to
propose a commodity(s) or service(s)to meet the needs of the County.
Words Underlined are added;Words ask-dough are deleted.
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4. Where the County desires to enter into a single contract for the design and
construction of a public construction project(s).
B. For purchases in excess of the formal competitive threshold and where appropriate or
required by law, the competitive solicitation process will be utilized. The process will be
conducted in a manner similar to the sealed bid process as set forth under Section 10 except
where otherwise stated in this section. The competitive proposal process shall proceed as
follows:
1. A Request for Proposals (RFP) will be prepared and distributed. Notice of said
request(s) shall be publicly posted by the Purchasing Department at least 21
calendar days preceding the last day established for the receipt of proposal.
2. Each Request for Proposals shall identify the evaluation procedures and criteria to
be applied to the selection of the best proposal among the respondents. Each RFP
pertaining to the award of a design/build contract(s) shall be subject to the
requirements of F.S. § 287.055 and section thirteen below.
3. Prior to the announcement and distribution of the RFP, a selection committee
shall be appointed by the County Manager to evaluate the proposal received.
4. Proposals may be solicited and/or received in one or more steps as permitted by
law and deemed appropriate by the Purchasing Director. Unless otherwise
prohibited by law, the Purchasing Director shall have the discretion to solicit and
conduct simultaneous or concurrent negotiations with one or more firms.
C. Unsolicited Proposals
1. The Board incorporates by reference Florida Statutes, § 287.05712, as may be
amended from time to time, which addresses the procurement of services for
qualifying projects through public-private partnerships, including through an offer
of an unsolicited proposal.
2. (a) The Board shall by separate Resolution establish all Application Fees
referenced under Florida Statutes, § 287.05712 that a private entity must pay
concurrent with the submission of an unsolicited proposal. Payment shall be
made by cash, cashier's check, or some other non-cancellable instrument.
Personal checks shall not be accepted.
(b) To the extent that the cost to evaluate an unsolicited proposal costs more
than the Initial Application Fee adopted by Resolution, the County may request
payment of any additional amounts required to conduct its review as provided in
Florida Statute, § 287.05712.
Words Underlined are added;Words SinielE-Thfeugh are deleted.
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SECTION TWO: 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 THREE: 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 FOUR: 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-lam}--, day of Q-Rr\\ ,2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT F. BRIe,Clerk COLLIER COUNTY,FLORIDA
4
By: ., /,..,L&!1A 1 By le4;e4c,
Aliputy Clerk DO A FIALA,CHAIRMAN
Attest 141o.Citi +s
signaturiOnly, ,,,f‘
Approved as to form and legality:
fLIL i,.....f.A _____
• Teach
Deputy County Attorney
Thk ordinance filed with the
Secretary of State's Office the
day of 41#2.i.1_, .9L _
and acknowledgemen 2f, that
filin received this day
of I 201
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Words Underlined are added;Words Stnuek-Thcough are deleted. 512-f
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FLORIDA DEPARTMENT Of STATE
t ,
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 28, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon, 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. 2016-11, which was filed in this office on April 28, 2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us