Backup Documents 10/28/2014 Item #10B 1 0 13
Agenda Item No. j c.4-4-‘,3Agenda Item Topic c ,-,,L
(For Public Comment,list topic)
Meeting Date: /C __�'- ._'i
Name: al/ Address: < < I 1/4.0,9.-6,'/ , 3ee'C, t r t�
S
Representing/Petitioner: K
Other:
COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN
ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT
YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION, PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS-PLEASE PRINT CLEARLY
* rico, Aar.
Agenda Item No./0 Agenda Item Topic 4,4,
(For Public Comment,list topic)
Meeting Date: /v 1. )/ .....
Name: Tim 44,I,1cA1 J/ Address: 1Y33 ' 14.4 4 v 14 C"; /Off e ct. g-6 6>
Representing/Petitioner: [2-1 1 Thi,a Other:
COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN
ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT
YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS-PLEASE PRINT CLEARLY
Agenda Item No./ ' Agenda Item Topic a <7 1 , ,,
ff (For Public Comment,list topic)
Meeting Date:...... (/19/r
Nam 1/r , 4 i l/' Address: _71-‘P /�y r t71C'y/ /11--Jj r s _S'yi ar
Representing/Petitioner:t•-C7 -; Lie,t ,,y 0/1/ / Other:
COLLIER COUNTY ORDINANCE NO 2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN
ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT
YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS—PLEASE PRINT CLEARLY
4,-1 -5144/2/7 Agenda Item No vo ' Agenda Item Topic , y Y>v:
(For Public Comment,list topic)
Meeting Date: I U 3 3 f, ,
Name: ' .42, "';'' ;rv,\� N. Address: ' "1^, :; r �
Representing/Petitioner: !r t`` 4` 1 c =,� �L -„;:[ Other:
COLLIER COUNTY ORDINANCE NO 2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN
ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT
YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS—PLEASE PRINT CLEARLY
Agenda Item No. ) Agenda Item Topic
(For Public Comment,list topic)
Meeting Date:
in 4 / {
Name: \I lu<r 1 f� Y Address: � 7.( *1 '` �.1 i ��.'Ct le;
I f1
Representing/Petitioner: ;”%r" � ( Y{j )77 :71 /- . fit,-Other:
COLLIER COUNTY ORDINANCE NO 2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN
ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT
YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS—PLEASE PRINT CLEARLY
�r�ed '1/1b
foc(-k--- (e -
OchsLeo
From: HillerGeorgia 1 0 B
Sent: Thursday, October 23, 2014 1:39 PM
To: OchsLeo; KlatzkowJeff
Subject: Re: Recent Discussion
As I thought!
Thank you Leo ...
Jeff clearly doesn't understand how the County procures,which materially differs from how the Clerk procures.
Needless to say,Jeff needs to get up to speed.
I'm copying Jeff on this email given that he represented that Joanne told him a very different version then what she
relayed below.
Sent from my iPad
On Oct 23, 2014, at 9:12 AM, "OchsLeo"<LeoOchs@colliergov.net>wrote:
Commissioner,
Please find below an explanation from our Purchasing Director as to our standard process and
procedures for evaluation and award of bids and RFPs. Obviously, they differ materially from the
description you forwarded in your email on this subject. Any suggestion that our agency would
routinely and knowingly engage in bid rigging is absurd. I would be happy to discuss in further detail at
your convenience. Thanks.
VR,
Leo
Leo E. Ochs,Jr.
Collier County Manager
leoochs@colliergov.net
239.252.8383
From: MarkiewiczJoanne
Sent: Wednesday, October 22, 2014 7:23 PM
To: OchsLeo
Cc: PriceLen
Subject: RE: Recent Discussion
Leo:
As discussed, and in summary:
Price Based Solicitations (Invitation to Bid)
1
egi0B
• The County does not allow companies to change their price offer once bids are open to gain any
real (or perceived) advantage over another company unless the County's Local Vendor
Preference policy needs to be considered.
• The Purchasing Ordinance allows staff to negotiate with the apparent lowest bidder for a lower
price if the offer is not within the department's budget. This is only done after an official notice to
award has been publically posted on the Purchasing Department's web site.
• Staff have allowed for deminimis changes to company's submitted materials (i.e. a company's
signature left off of a form, a form/attachment not completed in its entirety and not relevant
to price) but in doing so, staff request in the Executive Summary for the Board to waive these
deminimis irregularities and accept the "lowest price offer."
Qualification Based Solicitations (Request for Proposal -which is the method used in the Banking Services
solicitation)
• Once proposals have been received, staff have allowed for deminimis changes to
submitted materials (i.e. a company's signature left off a form, a form not completed in its
entirety and not relevant to the selection criteria); and in doing so, staff requests in the Executive
Summary for the Board to waive and accept those deminimis irregularities.
• Staff do not allow companies to change requirements, evaluation procedures or evaluation
criteria unless those changes have been properly noticed to all companies prior to the closing
date of the solicitation.
• The Selection Committee reviews, evaluates and ranks the companies based on responses to the
requirements and selection criteria. Their ranking is a consensus decision by all members on the
Selection Committee and the rankings are officially and publically posted on the Purchasing
Department's web site.
• Once the Selection Committee completes the rank order, and per the Board's Ordinance, staff
negotiate with the highest ranked company for presentation to the Board. During those
meetings, staff attempt to negotiate more advantageous pricing, discounts or value add services
with the highest ranked company. Staff does not perform simultaneous or concurrent
negotiations with multiple-ranked firms.
While the clause highlighted below is included in the Purchasing Ordinance, we rarely exercise these
options and would only do so if the process was clearly outlined in the instructions of the
County's solicitation documents.
Respectfully,
Joanne
From: HillerGeorgia
Sent: Wednesday, October 22, 2014 5:46 PM
To: OchsLeo
Subject: Fwd: Recent Discussion
Leo-
Jeff says that the county's purchasing agent often allows some but not all bidders responding to an RFP
to change their bids after all bid responses are made public and ahead of the selection committee's
decisions so as to allow that bidder to change their response so as to win the bid against their
competitors. Is this true? If yes, isn't this bid rigging?Jeff says you endorse this practice and that it's
routine.
Sent from my iPad
2
0 B
Begin forwarded message:
From: KlatzkowJeff<JeffKlatzkow@colliergov.net>
Date: October 22, 2014 at 3:45:41 PM EDT
To: HillerGeorgia <GeorgiaHiller@colliergov.net>, HillerGeorgia
<GeorgiaHiller@colliergov.net>
Subject: Recent Discussion
Commissioner:
The RFP process(which is what the Clerk used)allows for greater flexibility then the
Competitive Bid Process(which entails sealed bids). Attached below is an excerpt from the
County's Purchasing Ordinance.
• Sec.2-197.-Competitive Proposals.
• A.The Competitive Proposals 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.
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 (§2-195)
except where otherwise stated in this section. The competitive proposals 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, calendar
days preceding the last day established for the receipt of proposals.
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(§2-198)below.
3. Prior to the announcement and distribution of the RFP,a selection committee shall be
appointed by the County Manager to evaluate the proposals 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.
(Ord. No. 2013-69, § 12)
Jeffrey A. Klatzkow
County Attorney
(239)252-2614
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.
3