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Agenda 02/28/2017 Item #16E1202/28/2017 EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to advertise an Amendment to Ordinance No. 2013, as amended, commonly known as the Collier County Procurement Ordinance. OBJECTIVE: To authorize the County Attorney to advertise an amen dment to Ordinance No. 2013-69, as amended, commonly known as the Collier County Procurement Ordinance. CONSIDERATIONS: O n December 10, 2013, the Board adopted Ordinance No. 2013-69, known as the Collier County Purchasing Ordinance; and subsequently amended Ordinance No. 2013-69 through its adoption of Ordinance No. 2015-37, Ordinance No. 2015-51, Ordinance No. 2016-11, and Ordinance No. 2016-19. In January 2017, the County Manager advised the BCC that staff would be presenting a series of amendments to the Procurement Ordinance designed to streamline business processes and improve the payment and contract management process. The Board endorsed that initiative and directed staff to move forward with the ordinance amendment with dispatch. Staff now seeks Board authorization to advertise an amendment to adopt additional revisions to Ordinance No. 2013-69, as amended, to increase efficiency in the procurement and contracting functions by adopting the following changes: Clarifying the County Manager’s delegated authority as it relates to contracts with no additional increase to the established $50,000 delegated authority. Adding a new section titled “Ethical Standards,” which subjects both staff and vendors to County ethics requirements; linking staff to potential disciplinary action and vendors to suspension and debarment action when violations to ethics standards occur. Expansion and clarification of procurement types that may qualify for exemption to the competitive process when there is an inability to secure competition, and providing oversight to that process by requiring individual review by the Procurement Services Director. Clearly defining and adding additional procurement methods not previously described in the Ordinance. New methods to now include; Request for Professional Services (RPS,) Invitation to Negotiate (ITN,) Invitation for Qualifications (IFQ,) Reverse Auction, and Request for Information (RFI.) Adding a “Reserved Rights” section that allows the County flexibility in making awards on a line item basis, cancelling solicitations and providing for the ability to negotiate with a single bidder. County Manager staff held constructive meetings with representatives of the Clerk’s Finance Department to review proposed amendments and seek additional input. FISCAL IMPACT: The only fiscal impact will be the expense in advertising the amendment to the Ordinance. GROWTH MANAGEMENT IMPACT : There is no Growth Management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval-SRT. 16.E.12 Packet Pg. 1152 02/28/2017 RECOMMENDATION: To authorize the County Attorney to advertise an amendment to Ordinance No. 2013-69, as amended, commonly known as the Collier County Procurement Ordinance and direct staff to bring the amended ordinance back for the Board’s consideration at a future meeting. PREPARED BY: Ted Coyman, Director, Procurement Services Division ATTACHMENT(S) 1. 2017 Purchasing Ordinance cao srt 2 (PDF) 2. Change Table (PDF) 3. Red Line Version of Ordinance2 (DOC) 16.E.12 Packet Pg. 1153 02/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.12 Doc ID: 2718 Item Summary: Recommendation to authorize the County Attorney to advertise an Amendment to Ordinance No. 2013, as amended, commonly known as the Collier County Procurement Ordinance. Meeting Date: 02/28/2017 Prepared by: Title: – Procurement Services Name: Ted Coyman 02/08/2017 4:18 PM Submitted by: Title: – Procurement Services Name: Ted Coyman 02/08/2017 4:18 PM Approved By: Review: Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 02/08/2017 4:22 PM Procurement Services Ted Coyman Additional Reviewer Completed 02/08/2017 4:31 PM Administrative Services Department Len Price Level 1 Division Reviewer Completed 02/14/2017 3:29 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 02/16/2017 5:28 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/17/2017 8:37 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/17/2017 8:49 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/21/2017 9:23 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2017 3:32 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/22/2017 4:12 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM 16.E.12 Packet Pg. 1154 16.E.12.a Packet Pg. 1155 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1156 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1157 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1158 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1159 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1160 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1161 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 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Ordinance) 16.E.12.a Packet Pg. 1179 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1180 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1181 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1182 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1183 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1184 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1185 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1186 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1187 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1188 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1189 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1190 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1191 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1192 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1193 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1194 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1195 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) 16.E.12.a Packet Pg. 1196 Attachment: 2017 Purchasing Ordinance cao srt 2 (2718 : Amendment to Procurement Ordinance) PROPOSED CHANGES TO PROCUREMENT ORDINANCE SECTION CHANGES MADE REASON SECTION ONE Purchasing changed to Procurement throughout document Per prior Board direction SECTION TWO Purchasing changed to Procurement throughout document Per prior Board direction SECTION THREE Add language to “approve, amend, extend, and renew, contracts under $50,000” and clarify Fiscal Year expenditure limitation by contract type. Better outlines the authority of the BCC and the County Manager as it relates to contracts. SECTION FOUR Revision to the Definitions Section adding new definitions or clarifying existing and removing unnecessary terms. Clarity of the terminology and matching up with both State Statute language and NIGP terms. SECTION FIVE New language to describe relationship to the elected or appointed officials. Removal of duplicate language. No prior language existed to address constitutional officers and the elective use of the BCC procurement services. SECTION SIX New language authorizing the development and use of systems, tools and methods to evaluate vendors. Removal of redundant language. Allows for the use of audit and evaluation tools in contract administration and in vendor evaluations. SECTION SEVEN New section on ethics with ties to Florida Statutes and County Ethics Ordinance that applies to both staff and vendors. Linking violations to disciplinary actions and suspension/debarment. Language was missing, and was not being addressed effectively in the current Ordinance. SECTION EIGHT New section to address consideration for exemption to the competitive process. Added to address procurements where free market competition is either not possible or desired to achieve the County goals. SECTION NINE Language clarification.Language clarification SECTION TEN Language clarifications to Informal Quotes and elimination of duplicate language. Moved examples of procurements that are exempt for completion to SECTION EIGHT SECTION ELEVEN New language to include and define additional procurement methods. Elimination of redundant language. Old language addressed only BID and RFP process which did not allow for additional required methods. SECTION TWELVE Process language pertaining to BIDS/RFP/Professional Services removed and new Reserved Rights and award criteria language added. Bid/RFP/RPS process details are contained in the Procurement Manual and address in SECTION ELEVEN. SECTION THIRTEEN Elimination of redundant language and correcting the reference to the updated Florida Statute. Change to the Florida Statute from 287.05712 to 255.065. 16.E.12.b Packet Pg. 1197 Attachment: Change Table (2718 : Amendment to Procurement Ordinance) PROPOSED CHANGES TO PROCUREMENT ORDINANCE SECTION CHANGES MADE REASON SECTION FORTEEN No change SECTION FIFTEEN Language clarification.Correction to section references. SECTION SIXTEEN Addition of a policy requirement to provide oversight on cases where freight payments are required.Removal of the interest payment report and Board pre-payment of expenditures. To addresses situations that do not conform to the County General Terms and Conditions. Clerk AP and interest report is not subject to the Procurement Ordinance. Public purpose is established during Requisitioning. SECTION SEVENTEEN No change. SECTION EIGHTEEN Language clarification.Section reference clarification. SECTION NINETEEN Language clarification.Section reference clarification. SECTION TWENTY No change. SECTION TWENTY-ONE No change. SECTION TWENTY-TWO No change. SECTION TWENTY-THREE Language clarification, removing redundant language and defining methods. Required to reference new formal solicitation methods added in SECTION ELEVEN. SECTION TWENTY-FOUR Clarifying the section reference and moving language pertaining to Emergency Procurements to SECTION ELEVEN. Placing Emergency Procurements under Procurement Methods in SECTION ELEVEN. SECTION TWENTY-FIVE Language clarification.Clarify title change. SECTION TWENTY-SIX No change. SECTION TWENTY-SEVEN Removal of redundant language.Clarify the section. SECTION TWENTY-EIGHT Language clarifications to remove unclear and conflicting statements. Addition of language related to submitting false invoices. Clarify the section. Adding language to address vendors who submit false or misleading invoices. SECTION TWENTY-NINE No change. SECTION THIRTY No change. SECTION THIRTY-ONE No change. SECTION THIRTY-TWO No change. 16.E.12.b Packet Pg. 1198 Attachment: Change Table (2718 : Amendment to Procurement Ordinance) 1 Text underlined is added; text struck through is deleted. ORDINANCE NO. 2017 - _____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-69, AS AMENDED, KNOWN AS THE COLLIER COUNTY PURCHASING PROCUREMENT ORDINANCE, IN ORDER TO ADD PROCUREMENT METHODS, ESTABLISH EXEMPT PROCUREMENT CATEGORIES, AND TO UPDATE AND CLARIFY OTHER PROVISIONS OF THE ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING 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 No. 2015-37, Ordinance No. 2015-51, Ordinance No. 2016-11, and Ordinance No. 2016-19; and WHEREAS, the Board seeks additional revisions to Ordinance No. 2013-69, as amended, to increase efficiency and ease of administration. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ordinance No. 2013-69, as amended, is further amended as follows: SECTION ONE: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Purchasing Procurement Ordinance" or "Purchasing Procurement Ordinance." Formatted: Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Line spacing: 1.5 lines Formatted: Line spacing: 1.5 lines 16.E.12.c Packet Pg. 1199 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 2 Text underlined is added; text struck through is deleted. SECTION TWO: Purpose. The purpose of this Purchasing Procurement Ordinance is to codify and formalize Collier County's Purchasing Procurement Policy, to provide for the fair and equitable treatment of all persons involved in public purchasing by the County, to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity. Any provision of this Ordinance in conflict with statute is null and void as to the conflict. 1. (a) This Purchasing Procurement Ordinance applies to the procurement of goods and services by the County after the effective date of this Purchasing Procurement Ordinance. This Purchasing Procurement 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. 2. (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), Court Administration, State Attorney, Public Defender or the Collier County Metropolitan Planning Organization non-county funds to be covered by the provisions of this Purchasing Procurement Ordinance. However, the services of the Collier County Purchasing Procurement Services Division Department and Purchasing Procurement Services Director may be made available for consultation. 3. (c) The Board of County Commissioners shall execute formal contracts in excess of $50,000 having a binding effect upon the County, to include revenue generating contracts, and hereby delegates to the County Manager and Procurement Services Director or designees, the authority to approve contracts or agreements and amendments, extensions, and renewals of such contracts or agreements, including change orders, work orders and other ancillary documents, providing the total amount of County expenditure for any such contract or agreement does not exceedmake purchases and enter into, modify and terminate contracts for purchases or awards in an amount not to exceed $50,000.unless otherwise specified by action of the Board of County Commissioners. a. The $50,000 limitation set forth above shall be determined by the following: b. a. the per fiscal year dollar total expenditure for term contracts, c. b. the per fiscal year dollar expenditure for fixed-fee agreements, Formatted: Strikethrough Formatted: Indent: First line: 0.5", Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Indent: Left: 1", First line: 0", Line spacing: 1.5 lines, Tab stops: 0.94", Left Formatted: Line spacing: 1.5 lines Formatted: Not Strikethrough 16.E.12.c Packet Pg. 1200 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 3 Text underlined is added; text struck through is deleted. d. c. the per fiscal year dollar expenditure for lease agreements, e. d. the total dollar expenditure included in the contract for lump -sum or specific project agreements. Agency shall mean all departments, divisions, units and offices under the Board of County Commissioners, including the Collier County Redevelopment Agencies, the Collier County Airport Authority, Collier County Water Sewer District and all departments under the auspices of the County Manager. Also included are those elected or appointed officials that agree to utilize procurement services provided by the Collier County Board of County Commissioners. Change Order shall mean a written order by a project manager, approved by the Purchasing Procurement Services Director and the Board of County Commissioners, directing the contractor to change a contract's amount, requirements, or time. All changes must be within the original scope of the contract and in accordance with the Board approved contract's changes clause or, if no such clause is set forth within the agreement, in accordance with this Purchasing Procurement Ordinance. Consultant/Contractor/Supplier/Vendor shall mean a provider of goods or services to the County agency. These terms may be used interchangeably. Continuing Contract shall mean a contract for professional services with no time limitation except that the contract must include a termination clause. as defined under Florida Statute 287.055 Continuing contracts must contain sufficient details of goods and services to be procured for proper audit. County shall mean Collier County. designee, as defined in the County Administration Law of 1974, F.S. ch. 125, pt. III. Disadvantaged Business Enterprise shall mean a small business concern certified by the Department of Transportation to be owned and controlled by socially and economically disadvantaged individuals as defined by the Surface Transportation and Uniform Relocation Act of 1987. Fixed-Fee Agreement is a contract providing for a firm price, or a price that may be adjusted only in accordance with contract clauses providing for revisions of the contract price under stated circumstances. Formatted: Indent: Left: 0.5", First line: 0.5", Line spacing: 1.5 lines Formatted: Line spacing: 1.5 lines 16.E.12.c Packet Pg. 1201 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 4 Text underlined is added; text struck through is deleted. Lump Sum or Specific Project Agreement is a contract where a firm fixed total price is offered by the vendor for the completion of a project; typically this is done through a competitive process and where the final invoicing will require no cost breakdown. Responsible Bidder/Proposer shall mean a vendor who has the financial and technical capacity to perform the requirements of the solicitation and subsequent contract. Minority business enterprise or any other designation assigned by the Office of Supplier Diversity shall mean a firm or individual whom satisfies the registration requirements of that agency and/or satisfies the requirements outlined in Florida Statute Chapter 287.0943(2)(e), Chapter 295.187, Chapter 60A-9, Florida Administrative Code. have the same definition as set forth in F.S. § 288.703, as amended from time-to-time, which presently means any small business concern as defined below, which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51 percent owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. For purposes of this definition, "small business" means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5,000,000.00 or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5,000,000.00 net worth requirement shall include both personal and business investments. Purchase Order shall mean a form of contract which encumbers appropriated funds and which is directed to a single vendor to furnish or deliver commodities or services to the County. Purchasing Card shall mean a credit card officially assigned to specific employees under the purview of the Board of County Commissioners for the purpose of transacting small and/or strategic purchases. Purchasing Director Procurement Services Director is the Purchasing Director Procurement Services Division Director of Collier County. Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be based on a lack of competition, proprietary technology, copyright, warranty or a supplier’s unique capability.is when there is only one vendor capable of providing a good or service. 16.E.12.c Packet Pg. 1202 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 5 Text underlined is added; text struck through is deleted. Standardization shall mean the adoption or selection of a common commodity (commodities), service(s), or a system(s) to be used by one or more County agencies to promote the cost-effective delivery of services. approved continuing or fixed fee term agreement, which authorizes a contractor or consultant to perform a specific task within the broader scope of the master agreement. Nothing in the work order shall conflict with the terms and conditions of the fixed feeterm contract, and all work done must fall within the scope and term of the underlying agreement. SECTION FIVE: Establishment of Procurement Services Division and Procurement Services Director. 1. There is hereby established the Collier County Procurement Services Division, which shall be a distinct administrative department under the direction of the County Manager. a. 2. The Procurement Services Director of the Purchasing Department Procurement Services Division shall have the authority to negotiate all purchases for all Agencies except as required by State, Federal or Local Law. In keeping with F.S. ch. 125, this Purchasing Procurement Ordinance grants to the 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 Procurement Services Division employees any and all aspects of the authority vested in the Procurement Services Director by the County Manager. Except as otherwise specified by law, this Article shall apply to every procurement under the authority of the Collier County Board of County Commissioners and to elected or appointed officials (Clerk of the Circuit Court, County Attorney, Property Appraiser, Sheriff, Supervisor of Elections, Tax Collector and Collier County M.P.O.) who choose to utilize procurement services provided by the Collier County Board of County Commissioners. b. Notwithstanding any other provision of the Procurement Ordinance, the Procurement Services Director, is authorized to issue purchase orders at the written request of elected or appointed officials. Formatted: Indent: First line: 0.5", Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Indent: Left: 1", Line spacing: 1.5 lines 16.E.12.c Packet Pg. 1203 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 6 Text underlined is added; text struck through is deleted. c. Nothing in this article shall limit the Collier County Board of County Commissioners' right to waive any provisions contained herein when the Collier County Board of County Commissioners shall deem it in the best interest of the County. SECTION SIX: Duties of Purchasing Department Procurement Services Division. Within the constructs of this Ordinance, the Purchasing Department Procurement Services Division shall be responsible for: 1. Seeking Maximum Value: Acting to procure for the County the highest quality commodities and contractual services at least expense to the County. 2. Encouraging competition: Endeavoring to obtain as full and open competition as possible on all purchases, services and sales. 3. Purchasing Procurement Analysis: Keeping informed of current developments in the field of purchasing, prices, market conditions and new products, and securing for the County the benefits of research conducted in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private business and organizations. 4. Purchasing Procurement Manual: Preparing and recommending for adoption by the Board of County ManagerCommissioners administrative procedures for the Agency known as a Purchasing Procurement Manual for the implementation of this Purchasing Procurement Ordinance. In keeping with Ord. No. 2004-66, such procedures shall be made part of the Collier County Administrative Code, with all adoptions, amendments, additions, revisions, or modifications made by resolution of the Board. The Purchasing Procurement Purchasing Manual shall be maintained and published on-line for the benefit of the public. 5. Forms: Prescribing and maintaining such forms to implement this Purchasing Procurement Ordinance and Purchasing Procurement Manual. 7. Tax Exemption: Procuring items for the County to exercise its tax exemption status when eligible. Formatted: Line spacing: 1.5 lines Formatted: Strikethrough 16.E.12.c Packet Pg. 1204 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 7 Text underlined is added; text struck through is deleted. 8. Suspension and Debarment of Vendors: Overseeing and facilitating the suspension and/or debarment of vendors as set forth below. 89. Inquiry and Control: Full authority to: a. Question the quality, quantity, and kinds of items requisitioned in order that the best interests of the County are served; b. Ensure the timely, proper and orderly acquisition of services to the various operating departments divisions; c. Ensure purchases are consistent with the Purchasing Procurement Ordinance; d. Determine if specific purchases should be approved by the Board prior to the purchase. e. Determine work assignment rotation schemes when multiple contracts are awarded for the same service.; and e. Delegate Purchasing Procurement Services Director authority granted by this Purchasing Procurement Ordinance in whole or in part to Purchasing Department Procurement Services Division staff members. 910. Records of Procurement activity shall be maintained in compliance with the Chapter 119, Florida Statutes, “Public Records.” 1. Every employee, elected or appointed official of Collier County has the responsibility to maintain the confidence of the citizens of Collier County by conducting the procurement process in an ethical, fair and transparent manner. Collier County employees shall act in good faith to discharge their duties and avoid either the intent or appearance of unethical practices in procurement relationships, actions and communications. 2. Any attempt by Collier County employees, elected or appointed official of Collier County to realize personal gain from the procurement process is a breach of public trust. All County employees shall govern themselves in accordance with the Standards of Conduct as set forth in applicable Collier County Government Regulations, to include the Collier County Ethics Ordinance No. 2003-53 as amended, County Manager Administrative Procedures (CMA) Code of Ethics, and F.S. ch. 112. Formatted: Indent: Left: 1", Hanging: 0.5", Line spacing: 1.5 lines Formatted: Line spacing: 1.5 lines Formatted: Indent: Left: 1", Hanging: 0.5", Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Line spacing: 1.5 lines Formatted: Font: Bold Formatted: Indent: Left: 0", First line: 0.5", Line spacing: 1.5 lines, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.5", Tab stops: 1", Left Formatted: Indent: First line: 0.5", Line spacing: 1.5 lines 16.E.12.c Packet Pg. 1205 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 8 Text underlined is added; text struck through is deleted. 3. Collier County requires each vendor who seeks to do business with Collier County to comply with the following ethical standards: a. No vendor shall discuss or consult with other vendors intending to compete for the same or similar contract for the purpose of bid rigging, collusion or other activities that are illegal, unethical or limiting competition. b. No vendor shall submit false information or intentionally submit misleading information to Collier County. c. After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in SECTION TWENTY-EIGHT, 4. Failure to comply with this Section shall be deemed a violation of ethical standards subject to administrative actions and may be subject to civil, and/or criminal penalties for ethical violations as described below: a. Employees who violate the ethics standards described in this section shall be subject to administrative disciplinary action, following Collier County Government Human Resources procedures and guidelines, up to and including dismissal from Collier County Government employment. b. Vendors who violate the ethics standards described in this Section shall be subject to Suspension and Debarment as provided in SECTION TWENTY- EIGHT of this Article. 5. Vendors doing business with Collier County shall comply with the provisions of Section 287.133, Florida Statutes (“Public Entity Crimes Act”). Formatted: Indent: Left: 1", Line spacing: 1.5 lines Formatted: Line spacing: 1.5 lines Formatted: Indent: First line: 0.5", Line spacing: 1.5 lines 16.E.12.c Packet Pg. 1206 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 9 Text underlined is added; text struck through is deleted. The following categories of procurements may be eligible for exemption to the competitive process waivers of competition based upon the determination of the County Manager or designee Procurement Services Director that approval of such an exemption waiver is in the best interest of the County. 1. Purchases from another government agency or from a nonprofit organization authorized to do business in the State of Florida. 2. Dues and memberships in trade or professional organizations; registration fees for trade or career fairs; fees and costs of job-related seminars and training. 3. Subscriptions, periodicals, newspapers, books, electronic information, media, maps, pamphlets and similar material in printed or electronic form. 4. Advertisements. 5. Utility Services: water, sewer, electrical, gas, or other regulated utility, communications and data transmission services subject to government rate control. 6. Educational or academic programs; educational or recreational field trip instructors, trainers, facilitators, professional advisors and speakers. 7. Legal services including retaining services of law firms or other outside counsel for any reason, expert witnesses, court reporter services, appraisal services, trial consultants or similar persons or firms deemed by the Collier County Attorney as necessary to address the legal needs of Collier County, together with document management and production, legal research, and information technology products and services. 8. Goods or services purchased from grants, gifts, bequests or donations to the extent of the application of this Article would conflict with the requirements, conditions, or limitations attached to the grant, gift, bequest, or donation. 9. Products or services necessary to maintain existing warranties and licenses or to maintain compatibility with existing Collier County systems. 10. Repairs based upon shop estimates for equipment that has been disassembled. Formatted: Indent: Left: 0", First line: 0.5", Line spacing: 1.5 lines, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.5" Formatted: Line spacing: 1.5 lines 16.E.12.c Packet Pg. 1207 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 10 Text underlined is added; text struck through is deleted. 11. Personnel services; recruitment services. 12. Works of Art for Public Display 13. Direct purchase orders issued when it is in the best interest of Collier County. Collier County may make direct purchases of goods and services when the County can procure these items at a lower cost and/or realize a tax or delivery savings. 14. Financial Instruments: professional services required for the issuance of Collier County debt, debt service and Collier County investments related thereto, including the selection of investment bankers for Collier County's Underwriting Pool and the selection of Collier County's Financial Advisor. 15. Entertainment services for County-sponsored events. 16. Services for management studies, executive analysis and related matters as directed by the County Manager . 17. Where specified by general law, ordinance or Collier County Board of County Commissioners policies, any purchase governed by explicit provisions of general law or other Collier County ordinance or Collier County Board of County Commissioners policies (resolution) unless the solicitation indicates the applicability of this Article, and this Article shall apply only to the extent set out in the solicitation. A purchase shall not be artificially divided or split so as to qualify under this or any other section of this Purchasing Procurement Ordinance. All small purchases will be obtained by a Single Quote, with documentation, and generally be processed using a regular purchase order, or a purchasing card in accordance with SECTION TWENTY-SIXection 27 of this Purchasing Procurement Ordinance. Obtained by a Single Quote. Operating Division staff should make all reasonable efforts to purchase goods and services under Board approved contracts. In the event a contract is not availableutilized, 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 approve issue a qualification based Small Purchase solicitation. SECTION EIGHT NINE TEN: Informal Competition (Purchases Exceeding $3,000 but Not Greater Than $50,000). Formatted: Strikethrough 16.E.12.c Packet Pg. 1208 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 11 Text underlined is added; text struck through is deleted. A purchase shall not be artificially divided or split so as to qualify under this or any other section of this Purchasing Procurement 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: 1.A. Purchases exceeding $3,000 but not greater than $50,000 may be solicited by quotation as follows: a. Minimum Number Quotes: Open market pPurchases 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. by either Operating Division Staff or Procurement Staff to obtain at least three (3) documented competitive quotes. b. Solicitation of Quotes: Open market sale or price qQuotes 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. Only the Board's Procurement Services staff may issue a qualification based solicitation. Final recommended award of any quote 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. Formatted: Indent: First line: 0.5", Line spacing: 1.5 lines Formatted: Line spacing: 1.5 lines 16.E.12.c Packet Pg. 1209 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 12 Text underlined is added; text struck through is deleted. 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 NINE TEN ELEVEN: Formal Competitive Threshold (purchases in excess of $50,000.00) Procurement Methods. Collier County's procurement methods may include, but are not limited to the following: 18.1. Informal quotes may be solicited and awarded by designated Collier County employees as set forth in the Procurement Manual without public announcement and without formal competition. 19.2. Request for Quote (RFQ) may shall be issued by either the Operating Division Staff or by the Procurement Staff. Any resulting contract shall be awarded to the responsible and responsive vendor submitting the lowest or best overall quote which meets all specifications. 20.3. Invitations to for Bid (ITFB) shall be issued by the Procurement Services Director with public announcement and competition. Any resulting contract shall be awarded to the responsive and responsible bidder submitting the lowest or best overall bid which meets all specifications. 21.4. Cooperative Purchasing a. Piggybacking The Procurement Services Director shall have the authority to procure goods or services from vendors who have been selected, as a result of a competitive selection process for a federal, state or municipal government, or any other Formatted: Indent: Left: 0", Line spacing: 1.5 lines Formatted: Indent: Left: 0", First line: 0.5", Line spacing: 1.5 lines, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.5", Tab stops: 0", Left Formatted: Line spacing: 1.5 lines Formatted: Indent: Left: 0", First line: 0.5", Line spacing: 1.5 lines, Tab stops: 0", Left 16.E.12.c Packet Pg. 1210 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 13 Text underlined is added; text struck through is deleted. governmental agency, political subdivision, or government-related association, provided that the originating entity utilized a competitive process similar to Collier County's. The Procurement Services Director shall annually bring forward to the Board of County Commissioners a list of recommended cooperatives for Board consideration as outlined in Section Eighteen. b. Consolidated Joint Purchasing The Procurement Services Director shall have the authority to join with other government entities and consortiums in cooperative purchasing ventures when in the best interest of Collier County. 22.5. Request for Proposals (RFP) shall be issued by the Procurement Services Director with public announcement and competition. Any resulting contract shall be awarded to the responsive and responsible proposer submitting the best proposal according to the criteria set forth in the solicitation. 23.6. Request for Professional Services (RPS) shall be issued by the Procurement Services Director to procure professional engineering, architectural, landscape architectural or surveying and mapping services in accordance with the Consultants' Competitive Negotiation Act (CCNA), F.S. § 287.055. As described in Section Eleven of this Ordinance. 24.7. Invitation to Negotiate (ITN) shall be issued by the Procurement Services Director with public announcement and competition. An ITN is used when it is determined beneficial to issue a written solicitation for competitive sealed replies to select one or more vendors with which to conduct negotiations. 25.8. Emergency Procurements may be used in the event of an unexpected and urgent need where health and safety or the conservation of public resources is at risk, or during Board absences (all efforts should be made to obtain Board approval prior to anticipated recesses), using such competition as is practical under the circumstances, as follows: a. Following a declaration of the existence of an emergency situation by the County, the Collier County Board of County Commissioners or their designee may declare the existence of an emergency procurement condition and may suspend any or all of the provisions of this article and authorize an emergency procurement. 16.E.12.c Packet Pg. 1211 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 14 Text underlined is added; text struck through is deleted. b. The Collier County Manager or his/her designee, on a case by case basis may approve an emergency purchase based upon the Procurement Services Director’s good faith review of the available sources that may timely respond to the urgent need for goods and services and the documentation of the emergency conditions related to that purchase. Upon written determination and approval of the Collier County Manager, the emergency purchase may be made. The Collier County Manager will report to the Collier County Board of County Commissioners all such emergency procurements at the next available Board meeting. c. This section in no way constrains the provisions of Collier County’s Civil Emergency Ordinances or powers and authority pursuant to F.S. ch. 252, Emergency Management. 26.9. Invitation for Qualifications (IFQ) shall be issued by the Procurement Services Director when it is in Collier County's best interest to limit participation in the solicitation process to those bidders, proposers or offerors who demonstrate a capability to provide the goods and services required by the Collier County or when qualifications are the only criteria. 27.10. Sole Source Procurement is a selection of one particular supplier to the exclusion of all others. This decision may be based on lack of competition, proprietary technology, copyright, warranty or a supplier’s unique capability. 28.11. Single Sourcing is a procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. 29.12. Reverse Auctions shall be issued by the Procurement Services Director when it is deemed to be the most efficient means of obtaining the best price through open competition. 30.13. Requests for Information (RFI) shall be issued by the Procurement Services Director when it is in Collier County’s best interest to request information from potential vendors prior to the issuance of a planned solicitation. 14. A. It is the intent of the Board of County Commissioners to establish an amount of fifty thousand dollars ($50,000.00) as the County's threshold for formal competitive purchases solicitations to include IFB, RFP, RPS, ITN, IFQ, and Reverse Auctions administered under the Formatted: Font: Times New Roman Formatted: List Paragraph, Indent: Left: 0", First line: 0.5", Line spacing: 1.5 lines, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 14 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" 16.E.12.c Packet Pg. 1212 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 15 Text underlined is added; text struck through is deleted. supervision of the Procurement Services Director All such purchases shall be accomplished by competitive sealed bid, by competitive selection and negotiation (per Section 11or by competitive proposals (per Section 12). Award of any resulting agreements or contracts shall be made by the Board to the lowest, qualified responsive bidder except where otherwise provided for in this Purchasing Procurement Ordinance or unless an exception is granted by the Board. Bid limits for requirements utilizing federal or state funds will be those required by said agency granting the funds or the County's requirements, whichever is more restrictive. All formal competition shall be procured under the supervision of the Purchasing Director. B. The requirement for formal competition may be waived by the Board of County Commissioners where permitted by law, under the following circumstances: 1. Purchase of library books, education and/or personnel tests, similar audio visual materials, periodicals, printed library cards, or other statutorily authorized exceptions. 2. Sole source purchases or single source purchases (pursuant to subsection D). 3. Valid public emergencies (pursuant to Section 25. 4. Where it is determined to be in the best interests of the County to do so. C. All purchases subject to formal competition shall be awarded by the Board of County Commissioners. D. Exemption For Single Source Commodities: Purchases of commodities and services from a single source may be exempted by the Board of County Commissioners from formal competition upon certification by the Purchasing Director of one the following conditions: 1. The item(s) is the only one available that can properly perform the intended function(s); 2. The recommended vendor/contractor is the only one ready, willing and able to meet the County's requirements; or 3. The requested exemption is in the County's best interest. 15. E B. Use of Past Performance Data: In order to promote the quality delivery of commodities and services, County departments shall record and consider the past performance of vendors in the award of contracts exceeding the competitive threshold. This objective shall be accomplished as follows: Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Line spacing: 1.5 lines Formatted: Font: Times New Roman Formatted: List Paragraph, Indent: Left: 0", First line: 0.5", Line spacing: 1.5 lines, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 15 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Times New Roman, Strikethrough Formatted: Font: Times New Roman 16.E.12.c Packet Pg. 1213 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 16 Text underlined is added; text struck through is deleted. a. 1. The Purchasing Procurement Services Division Department shall be responsible for each of the following: (1)a. Developing, implementing and maintaining administrative procedures, instructions and technologies necessary to collect past vendor performance data. (2)b. Ensuring that relevant past performance data is properly gathered and considered prior to award of subsequent contracts. b.2. Operating departments shall be responsible for each of the following: (1)a. Conducting periodic performance evaluations of vendors under contract with the County pursuant to the procedures established in subsection 9.E.1a 150.aB.1a. (2)b. Considering the past performance of vendors during the evaluation of bids and proposals pursuant to the procedures established in subsection 9.E.1b 150.aB.21b. 16.F C. Bidders and proposers competing for a prospective award (and their agents/representatives) will not be permitted to publicly or privately address the Board or individual Board members regarding a prospective purchase prior to the time of award unless requested to do so by the Purchasing Director or by a majority vote of the Board. SECTION TEN ELEVEN TWELVE: _______________________. A. Notice Inviting Bids: 1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing Department in a consistent public location at least ten (10) days preceding the last day established for the receipt of bid proposals. Specific projects or grants may require longer posting periods, in those instances the specific requirements would be used. Bids may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. 2. Scope of Notice: The public notice required shall include a general description of the commodities/services to be purchased or sold, the bid instructions and specifications, and the time and place for opening bids. Formatted: Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Strikethrough Formatted: Indent: Left: 1", Hanging: 0.5", Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Strikethrough Formatted: Not Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1214 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 17 Text underlined is added; text struck through is deleted. 3. Bidders' List: The Purchasing Director shall also solicit sealed bids from qualified prospective vendors/contractors who have registered their names on the Collier County Purchasing Department vendor database, which will electronically send them a notice of the proposed purchase or sale. Notices sent to the vendors/contractors on the Collier County Purchasing Department vendor database shall be limited to commodities or services that are similar in character and ordinarily handled by the trade group to which the notices are sent. Vendors/contractors are responsible for maintaining their company information profiles in the database to ensure proper notifications are received. Vendors/contractors may be suspended from the database by the Purchasing Director for continual non-response to formal solicitations and violations of the Purchasing Ordinance. The Purchasing Director may continue to issue formal solicitations and accept formal bids, proposals and other tenders using paper where appropriate. 4. Bid Deposits: When deemed necessary by the Purchasing Director, bid deposits shall be prescribed in the public bid notices. Said deposits shall be in the amount equal to five percent of the bid offer submitted unless a greater amount is required. The Purchasing Director shall have the authority to return the deposits of all bidders upon award and approval of the contract by the Board of County Commissioners. A successful bidder shall forfeit any deposit required by the Purchasing Director upon failure on the vendor's part to enter into a contract within ten (10) working days after written notice of award. 5. Bid Addenda: An addendum to a specification shall be defined as an addition or change in the already prepared specifications for which an invitation has been issued for formal quotations or an announcement has been posted for a formal sealed bid. Any addendum to a request for formal sealed bids shall be approved by the Department Purchasing Director. The addendum shall clearly point out any addition or change to the invitation for bids. The Purchasing Department shall be responsible for assuring that addenda are available on the on-line bidding website and that all prospective bidders who have downloaded specifications are notified of the addendum prior to opening of bids. B. Procedure for Bids: 1. Sealed Bids: Sealed bids shall be submitted manually or electronically to the Purchasing Director. 2. Opening: Bids shall be opened publicly at the time and place stated in the public notices and shall be opened and witnessed by the Purchasing Department. 16.E.12.c Packet Pg. 1215 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 18 Text underlined is added; text struck through is deleted. 3. Tabulation: A tabulation of all bids received shall be made either electronically or manually by the Purchasing Department and shall be available for public inspection pursuant to F.S. § 119.07. C A. Tie Bids: Where there are low tie bids, the award process shall first be subject to F.S. § 287.087. In the event that all of the tied bidders comply with F.S. § 287.087, the Purchas ing Department shall determine if any of the bidders would be considered a local business as defined under Section 15 (§ 2- 200) of this Purchasing Ordinance. If one (and only one) of the bidders is determined to be a local business, then award of contract shall be made to that bidder. In the event that two or more local bidders are tied thereafter, award of contract shall be made in accordance with Section 15(2)(b) (§ 2-200(2)(b)) of this Purchasing Procurement Ordinance. 1. Reserved Rights Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law. 2.D B. Rejection of Bids and Negotiation: a.1. The Procurement Services Director shall have authority to review all submittals in response to a County solicitation and to review these submittals for responsiveness, responsibility, price and other factors in making a determination for Recommendation of Award. The Procurement Services Director may reject any submittal and cancel any solicitation at anytime prior to a contract being signed. The Board of County Commissioners shall have the authority to reject any and all bids at any time. Formatted: Strikethrough Formatted: Indent: Left: 0", First line: 0.5", Line spacing: 1.5 lines Formatted: Line spacing: 1.5 lines Formatted: Strikethrough 16.E.12.c Packet Pg. 1216 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 19 Text underlined is added; text struck through is deleted. b2. Subsequent to applying the procedures set forth under Section 15(2)(b) (§ 2-200(2)(b)) (where applicable), iIf the lowest, responsive bid exceeds the budgeted amount and, if the purchase is not funded in whole or in part with interagency grant dollars, the Purchasing Procurement Services Director may negotiate changes with the apparent lowest qualifiedresponsible and responsive bidder that will bring prices into budgeted limits subject to the final approval and acceptance of the Board. If the budgeted amount includes grant funds, the Purchasing Procurement Services Director shall be authorized to conduct such negotiations provided said actions are not prohibited by law or the grant conditions. 3. If no bid or proposal is received, or if only one is received, the Board of County Commissioners may authorizes the Purchasing Procurement Services Director to purchase by negotiation with any responsive and responsible vendor under conditions most favorable to the public interest and when said purchase will result in the lowest ultimate cost of best value for the commodities or services obtained. E C. Waiver of Minor Irregularities: The Board of County Commissioners Procurement Services Director shall have the authority to waive any and all minor irregularities in any solicitation and all formal bids within lawful guidelines in order to make a determination of a Notice of Recommended Award. 1. The ability, capacity and skill of the bidder to perform the contract. 2. The ability of the bidder to perform the contract within the time required or the least time, if appropriate, without delay or interference. 3. The experience and efficiency of the bidder. 4. The quality and performance of previous contracts awarded to the bidder. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the proposed contract. 6. The quality, availability and adaptability of the commodities or contractual services to the particular use required. 7. The ability of the bidder to provide future maintenance and service (where applicable). 8. Prior litigation or administrative proceedings against the County where the bidder or the bidder's principal was a party. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1217 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 20 Text underlined is added; text struck through is deleted. 9. Prior litigation or administrative proceedings involving the bidder or bidder's principal. All Notices of Recommended Award will be generated and posted by the recommendations for award for contracts will be reviewed and approved by the Purchasing Director Procurement Services Director prior to presentation of any contract for signature to by the Board of County Commissioners. SECTION ELEVEN: Procurement of Professional Services. A. Consultants' Competitive Negotiation Act. 1. Contracts for professional architectural, engineering, landscape architectural or surveying and mapping services shall be procured in accordance with F.S. § 287.055, referred to as the Consultants' Competitive Negotiation Act (CCNA). 2. Continuing contract. The County is authorized to enter into a continuing contract for CCNA services in accordance with the CCNA, whereby the firm provides professional services to the County for projects in which construction costs do not exceed $2,000,000.00, for study activity if the fee for each individual study under the contract does not exceed $200,000.00; or for work of a specified nature as outlined in the contract required by the County, with the contract being for a fixed term or with no time limitation, except that the contract must provide a termination clause. 3. Ranking of firms. The County, through the competitive proposal process, shall make a finding that the firm or individual to be employed is duly qualified to render the required service. The evaluation committee shall review statements of qualifications and performance data submitted in response to the public solicitation and shall select, in order of preference, no fewer than three firms deemed to be the most highly qualified, if at least three firms respond to the solicitation. If less than three firms respond, and after meeting due diligence, it is decided by the Purchasing Director that every effort was made to comply with CCNA requirements, the County will conduct discussions with, and may require public presentations by, the responding firms regarding their qualifications, approach to the project and ability to furnish the required services. 4. Evaluation criteria. Pursuant to the CCNA, the evaluation criteria for ranking shall include factors such as: ability of firm and its professional personnel; firm experience with projects of a similar size and type; firm's willingness and ability to meet the schedule and budget requirements; volume of work previously awarded by the county; effect of the firms recent/current and projected workload; minority business status; location; past performance and when required, the public presentation. For continuing contracts, ranking and award shall be based on the criteria 16.E.12.c Packet Pg. 1218 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 21 Text underlined is added; text struck through is deleted. identified in the RFP document. For non-continuing contracts or project specific contracts, public presentation may be required. 5. Public presentation. The evaluation criteria for public presentation shall include factors such as the firm's understanding of the project, ability to provide required services within the schedule and budget, qualifications and approach to the project. 6. Contract negotiations. The ranking of firms for all CCNA contracts shall be presented to the Board of County Commissioners for consideration and approval. Upon Board approval of firm rankings, staff shall negotiate a contract with the most qualified firm (number one ranked firm) for professional services for compensation which is deemed to be fair and reasonable. Detailed discussions must be held by the firm and the County to establish the scope of the project and the exact services to be performed by the firm. Should the County and the firm fail to agree upon the terms of an acceptable contract, negotiations with the top firm shall be terminated and negotiations with the second ranked firm shall commence. If again unsuccessful, the process is repeated with the next ranked firm. This process is continued until a mutually agreeable contract is concluded or the project is abandoned, or the procurement process is otherwise terminated. B. Other Professional Services. Because differences in price may only be a minor concern compared to qualitative considerations, professional services that fall outside the scope of the CCNA except as otherwise provided by law and outlined below, may be exempted by the Purchasing Director from the competitive bidding process. Instead, professional services will be typically acquired through one of the following methods: 1. Competitive Selection and Negotiation as set forth immediately above; or 2. Competitive Proposals (pursuant to Section 12 (§ 2-197)). 3. In addition to the definition set forth in the CCNA, a professional service shall be defined as assistance obtained in support of County operations from an independent contractor in one or more of the following professional fields: a. Appraisal Services - real and personal property appraisers. b. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per F.S. § 11.45). c. Consultants - planning, management, technological or scientific advisors. 16.E.12.c Packet Pg. 1219 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 22 Text underlined is added; text struck through is deleted. d. Financial Services - bond counsel, rating and underwriting, financial advisor, and investment services. e. Legal Services - attorneys and legal professionals. f. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. 4. Final selection of the professional service provider (award of contract) shall be made by the Board of County Commissioners. 5. Requests for outside legal services will be consistent with both this Purchasing Ordinance and the County Attorney's Ordinance (Ord. No. 2013-34). The retention of services from experts or consultants for purposes of preparing for or defending against imminent or pending litigation or administrative proceedings shall be exempt from all competitive requirements of this Purchasing Ordinance, and must first be approved by the Board. SECTION TWELVE THIRTEEN: Competitive Proposals Unsolicited 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 except where otherwise stated in this section. The competitive proposals process shall proceed as follows: 16.E.12.c Packet Pg. 1220 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 23 Text underlined is added; text struck through is deleted. 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 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. C. Unsolicited Proposals. 11 A. The Board incorporates by reference F.S. § 287.05712 255.065, 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. 22 B. a(a) 1. The Board shall by separate Resolution establish all Application Fees referenced under F.S. § 287.05712 255.065 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(b) 2. 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 F.S. §287.05712 255.065. SECTION THIRTEEN: Procurement of Design-Build Contracts. Formatted: Indent: First line: 0.5", Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Not Strikethrough Formatted: Indent: Hanging: 0.25", Line spacing: 1.5 lines, Tab stops: Not at 1.13" Formatted: Strikethrough Formatted: Strikethrough Formatted: Line spacing: 1.5 lines 16.E.12.c Packet Pg. 1221 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 24 Text underlined is added; text struck through is deleted. A. Procurements for the design and construction of public construction projects may be obtained through a single contract with a design-build firm selected in a manner permitted under F.S. § 287.055 and the procedures set forth in this section. B. Upon completion of the Design Criteria Package, procurements of Design/Build services shall be processed in a manner consistent with Section 12 hereof entitled "Competitive Proposals." C. The Board of County Commissioners may declare a public emergency, where appropriate and authorize the using Agency to negotiate an agreement for Board approval with the best qualified design- build firm available at that time. SECTION THIRTEEN FOURTEEN: Small and Disadvantaged Minority and Women Business Enterprises. 1.A. Policy Statement: Collier County stands committed to providing equal opportunities to small businesses and disadvantaged business enterprises (DBE), minority business enterprises (MBEs) and women business enterprises (WBEs) as well as to all vendors, consultants, contractors and subcontractors who seek to do business with the County. Pursuant to this policy, Collier County encourages its vendors, consultants, contractors and subcontractors to provide qualified small businesses and DBE's with an equal opportunity to participate in the formal competitive processes for the procurement of commodities and services by the County. The Policy is not intended to require or to allow partiality toward or discrimination against any small business or DBE, MBE, WBE, or any other vendor, consultant, contractor or subcontractor on the basis of gender, race or national origin, or other such factors, but rather to create an opportunity for small businesses and DBEs, MBEs, WBEs, and all qualified vendors, consultants, contractors and subcontractors to participate in the County's formal competitive processes. Nothing in this Policy shall be construed to provide for or require any preference or set-aside based on gender, race, national origin or any other such factor. 2.B. Implementing Measures: In an effort to implement this policy, the County may undertake the following measures: a1. Designate the Purchasing Procurement Services Director to administer this policy. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1222 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 25 Text underlined is added; text struck through is deleted. b2. Utilize outreach programs to identify, register and educate small businesses and DBEs, MBEs and WBEs to participate in the procurement/contract process which may include: (1)a. Attending trade fairs which include representatives from these enterprises. (2)b. Attending meetings and social events wherein these enterprises are present. (3)c. Utilizing publications aimed at reaching these enterprises. (4)d. Utilizing Purchasing Directories and other reference sources that list these enterprises. (5)e. Publicizing this Policy to encourage these enterprises to participate in the County's procurement process. (6)f. Other actions designed to identify opportunities for these enterprises who seek to provide commodities and services to the County. c3. Maintain a list of these enterprises. d4. Disseminate information regarding competitive opportunities with the County in order to allow qualified small businesses and DBEs, MBEs and WBEs to participate in the County's procurement process. 3C. Conformity with Applicable Law: The provisions of this section shall be construed in conformity with applicable state and federal law. To the extent that state law conflicts with federal law, federal law shall supersede such state law. SECTION FIFTEEN FOURTEEN FIFTEEN: Procedure to Provide Preference to Local Businesses in County Contracts. Except where otherwise provided by federal or state law or other funding source restrictions or as otherwise set forth in this Purchasing Procurement Ordinance, purchases of commodities and services shall give preference to local businesses in the following manner: 1(1) "Local Business" defined. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1223 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 26 Text underlined is added; text struck through is deleted. submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 2(2) Preference in purchase of commodities and services by means of competitive bid, request for proposals, qualifications or other submittals and competitive negotiation and selection. Under any such applicable solicitation, bidders/proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder/proposer who fails to submit sufficient documentation with their bid/proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner: a.(a) Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualifiedresponsible and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualifiedresponsible and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualifiedresponsible and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualifiedresponsible and responsive bidders. Next, the Purchasing Procurement Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1224 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 27 Text underlined is added; text struck through is deleted. Services Division Department shall determine if the lowest local bidder meets the requirements of F.S. § 287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of F.S. § 287.087, the Purchasing Procurement Services Division Department shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualifiedresponsible and responsive bidder. If the lowest local bidder does not meet the requirement of F.S. § 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. b.(b) Request for proposals, qualifications or other submittals and competitive negotiation and selection. For all purchases of commodities and services procured through the Competitive Proposals (Section 12 (§ 2-197)) or Competitive Selection and Negotiation (Section 11 (§ 2-196)) methods not otherwise exempt from this local preference section, the RFP solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (§ 2- 196B.2.) (which are subject to F.S. § 287.055) and audit and accounting services subject to subsection 11B.3 (§ 2-196B.3.) (which are subject to F.S. § 11.45) shall not be subject to this local preference section. c.(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. 3.(3) Waiver of the application of local preference. The application of Local Preference to a particular purchase or contract may be waived upon approval of the Board of County Commissioners, or as identified where exempt from competitive process in SECTION EIGHT. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1225 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 28 Text underlined is added; text struck through is deleted. 4.(4) Comparison of qualifications. The preferences established herein in no way prohibit the right of the Board of County Commissioners to compare quality of materials proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. Further, the preferences established herein in no way prohibit the right of the County Commission from giving any other preference permitted by law instead of the preferences granted herein. 5.(5) Reciprocity. In the event Lee County, or any other Florida county or municipality ("local government") deemed appropriate by the Collier County Board of Commissioners, extends preferences to local businesses, Collier County may enter into an interlocal agreement with such local government wherein the preferences of this section may be extended and made available to vendors that have a valid occupational license issued by that specific local government to do business in that local government that authorizes the vendor to provide the commodities and services to be purchased, and a physical business address located within the limits of that local government. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well- being of the said local government whichever is applicable, in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to that local government's tax base, and residency of employees and principals of the business located within the limits of that local government. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. In no event shall the amount of the preference accorded other local government firms exceed the amount of preference that such local government extends to Collier County firms competing for its contracts. 6.(6) Purview and administration of this Local Preference Policy. This policy shall apply to all departments and units under the direct purview of the Board of County Commissioners. For purchases of $50,000.00 or less, the Purchasing Procurement Services Division Department shall systematically encourage departments to include local vendors when soliciting quotations in accordance with this policy. 7.(7) This Policy shall not be utilized with respect to any competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation. SECTION SIXTEEN SIXTEEN FIFTEEN: Payment of Invoices. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1226 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 29 Text underlined is added; text struck through is deleted. 1A. Agencies under the purview of the Board of County Commissioners shall be in compliance with F.S. § 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: a1. The purchase of commodities and services; b2. The purchase or lease of personal property; c3. The lease of real property. 2B. 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. 3C. The County Manager shall establish and maintain a process to address freight and delivery charges not in compliance with FOB destination terms contained in the County General Terms and Conditions.that authorizes the payment of freight and delivery charges that are not specifically identified on the purchase order of less than $500. 4D. 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 (subsection A of this section). Such procedures shall include, but are not limited to the following: a1. 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. b2. Steps required for the receipt of all invoices and the prompt return of improper invoices. c3. Steps required for the resolution of payment disputes between the County and a vendor. 5E. Each December, the Procurement Services 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. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Indent: Left: 1", Hanging: 0.5", Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Line spacing: 1.5 lines Formatted: Strikethrough 16.E.12.c Packet Pg. 1227 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 30 Text underlined is added; text struck through is deleted. 56F. Prior to payment, the Board shall approve all expenditures with a finding that such expenditures serve a valid public purpose. 7G. Vendor Payment Dispute Resolution Process. The purpose of this section is to establish a procedure whereby payment disputes with vendors who provide goods and services to the County are resolved in a timely manner and in keeping with the Local Government Prompt Payment Act. a1. Definitions. The definitions set forth in the Local Government Prompt Payment Act (F.S. § 218.72, 2016) are hereby incorporated by reference. b2. If an improper payment request or invoice is submitted by a vendor, the County shall, within 10 days after the improper payment request or invoice is received, notify the vendor, in writing, that the payment request or invoice is improper and indicate what corrective action on the part of the vendor is needed to make the payment request or invoice proper. c3. If the parties are unable to reach resolution on the payment dispute, the County Manager shall appoint a Hearing Examiner, to whom the matter will be referred to. The Hearing Examiner shall have the sole and full authority to thereafter resolve the dispute. The proceedings before the Hearing Examiner to resolve the dispute shall commence within 45 days after the date the payment request or improper invoice was received by the County and shall be concluded with final written decision by the Hearing Examiner within 60 days after the date the payment request or improper invoice was received by the County. These proceedings are not subject to F.S. ch. 120, and do not constitute an administrative hearing. Rather, these proceedings are intended to be quasi- judicial, open to the public, with the written decision of the Hearing Examiner being final, subject only to certiorari review. If the dispute is resolved in favor of the County, interest charges shall begin to accrue 15 days after the Hearing Examiner's final decision. If the dispute is resolved in favor of the Vendor, interest begins to accrue as of the original date the payment became due. d4. If the County does not timely commence this dispute resolution process within the time required, a contractor may give written notice to the County of the failure to timely commence this dispute resolution procedure. If the County fails to commence this dispute resolution procedure within four business days after such notice, any amounts resolved in the contractor's favor shall bear mandatory Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1228 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 31 Text underlined is added; text struck through is deleted. interest, as set forth in F.S. ch. 218, from the date the payment request or invoice containing the disputed amounts was submitted to the County. If the dispute resolution procedure is not commenced within 4 business days after the notice, the objection to the payment request or invoice shall be deemed waived. The waiver of an objection pursuant to this paragraph does not relieve a contractor of its contractual obligations. e5. In an action to recover amounts due under this part, the court shall award court costs and reasonable attorney's fees, including fees incurred through appeal, to the prevailing party. f6. The conduct of the Hearing Examiner proceedings, including notice, process, and criteria, shall be set forth in the Procurement Division's Policies and Procedures. SECTION SEVENTEEN SEVENTEEN SIXTEEN: Advanced Payments for Goods and Services. Procedures for the pre-payment of goods and services with County funds including, but not limited to, dues and membership, insurance, maintenance agreements, subscriptions, travel arrangements, postage, and other purchases as prescribed by the Department of Financial Services through their Administrative Rules. As provided for in F.S. § 28.235, the Clerk of the Circuit Court is authorized to make advanced payments on behalf of the County for goods and services based on those established procedures. SECTION EIGHTEEN EIGHTEEN SEVENTEEN: Standardization, Cooperative Purchasing Agreements and Governmental Contracts. 1A. Where standardization is determined to be desirable by the Board of County Commissioners or included in the Purchasing Procurement Manual, the purchase of commodities may be made by negotiation with the approval of the purchase by the Board in accordance with Section 9 (§ 2- 194); or if under the Formal Competitive Threshold, with approval of the purchase by the Procurement Services Director. 2B. Annually, the Board of County Commissioners will approve a list of authorized purchasing cooperative organizations and governmental schedules and contracts. The Purchasing Procurement Services Director may approve purchases using these approved cooperative organizations, agreements and contracts with no further action required by the Board providing that funds have been budgeted for these specific purposes. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1229 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 32 Text underlined is added; text struck through is deleted. Additionally, the Purchasing Procurement Services Director may join other public agencies in cooperative purchasing organizations and/or agreements if is determined to be in the County's best interest, and if the consortium agreement has not had prior Board approval. The use of any new cooperative agreement must be approved by the Board prior to the use of the agreement. SECTION NINETEEN EIGHTEEN NINETEEN: Contract Administration. 1A. 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: a1. A listing of the scope of services to be performed or commodities to be purchased. b2. 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. c3. A provision specifying the terms of cancellation by the County and where applicable, a provision specifying the terms of renewal. d4. 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. e5. 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 Procurement Ordinance, the 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. 2B. Contract Manager: Every procurement of services shall be administered by the requesting Agency/Department. 3C. 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. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1230 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 33 Text underlined is added; text struck through is deleted. a1. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that exceed ten percent (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. b2. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that do not exceed ten percent (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. c3. Modifications to Board approved purchases or contracts by the issuances of the following, but not limited to, direct material purchases, notices to proceed or noncompliance, stop work notices, authorization for the use of approved allowances and reallocation 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. d4. All material changes in scope of contracts must be approved by the Board in advance. e5. Sections 3.aC.1 through 3.bC.3 shall not be applicable to term contracts, fixed-fee 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 Procurement 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. 4D. Contract Extension: Extension(s) of a Board-approved contract for commodities or non- construction services may be requested by the contract manager to the 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 Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1231 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 34 Text underlined is added; text struck through is deleted. contract. The 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. 5E. Contract Renewal: The Procurement Services Director shall authorize and execute renewals of contracts for commodities and/or services subject to the following conditions: a1. That the Contractor has performed in a satisfactory manner and that the Procurement Services Director has received a request to renew from the Contractor or Project Manager verifying the Contractor's satisfactory performance. b2. That the Board-approved contract pursuant to SECTIONection ELEVEN9 Paragraph 14Formal Competitive Threshold (§ 2-194), 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. c3. 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. d4. 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. 6F. Contract Approval: All contracts for commodities and services exceeding SECTIONection ELEVEN NineParagraph 14 (§ 2-194), 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 ELEVEN ection NineParagraph 14 (§ 2-194), 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. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1232 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 35 Text underlined is added; text struck through is deleted. 7G. Work Orders: The 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. 8H. 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. 9I. Authority Limitation and Delegation; Promulgation of Procedures: The Procurement Services Director may delegate to one or more Procurement Services Division employees any or all aspects of the authority vested in the Procurement Services Director. All authority to execute documents that is vested pursuant to this Section 19 (§ 2-204), in the Procurement Services Director or any other person shall be subject to the limits of any applicable federal, state or other law. 10J. Payments to Contractors, Vendors and Consultants: Prior to the execution of a formal contract subject to this Procurement Ordinance, the 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 F.S. § 218.735(8), the 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 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: a1. 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)". Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1233 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 36 Text underlined is added; text struck through is deleted. b2. 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. c3. That the cumulative retainage not be adjusted until at least 50% of the work has been completed and payment has been issued. d4. That the Procurement Services Director's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests. 11K. The 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: a1. The contractor has performed in a satisfactory manner to date as verified in writing by the Project Manager. b2. 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). c3. 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 TWENTY NINETEEN TWENTY: Performance and Payment Bonds. A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in such amounts, as required by statute or otherwise as deemed necessary by the Purchasing Procurement Services Director. An irrevocable letter of credit from a financial institution operating within the State of Florida (or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond if so provided for in the bid and contract documents. All such bonds or letters of credit shall be approved as to form by the County Attorney, and held by the Clerk's Board Minutes and Records Department. SECTION TWENTY-ONE TWENTY ONE: Unauthorized Purchases. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1234 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 37 Text underlined is added; text struck through is deleted. All purchases made shall be consistent and in compliance with the Purchasing Procurement Ordinance. Any purchase or contract made contrary to the provisions hereof and contrary to Florida law shall not be approved and the County shall not be bound thereby. SECTION TWENTY-TWO TWENTY-TWOONE: Prohibition against Subdivision. No contract or purchase shall be subdivided to avoid the requirements of this Purchasing Procurement Ordinance or of State law. SECTION TWENTY-THREE TWENTY-THREEWO: Protest of Bid or Proposal Award. The purpose of this section is to accommodate legitimate protests concerning formal competitive solicitations invitations to bid or requests for proposals and recommended contract awards above the formal competitive bid or proposal thresholds prior to award of a contract by the Board of County Commissioners. 1A. Any actual or prospective bidder or respondent to an IFB, ITN, RFP, IFQ or RPS Invitation to Bid or a Request for Proposal, who has a substantial interest and who alleges to be aggrieved in connection with the solicitation or award of a contract, (hereafter referred to as "the protesting party") may protest to the Purchasing Procurement Services Director, who shall serve as the sole recipient of any and all notices of intent to protest and all formal protests. 2B. With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for formal protests of recommended contract awards as set forth under subsection C. T the Purchasing Procurement Services Director, shall to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Purchasing Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Purchasing Procurement Services Director's decision. 3C. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for Proposal who desires to protest a recommended contract award shall submit a notice of intent to protest to Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1235 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 38 Text underlined is added; text struck through is deleted. the Purchasing Procurement Services Director within two (2) three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 4D. All formal protests with respect to a recommended contract award shall be submitted in writing to the Purchasing Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Purchasing Procurement Services Director, and accompanied by the fee, as set forth below. The protesting party must have standing as defined by established Florida case law to maintain a protest. The formal protest shall contain, but not be limited to the following information: a1. Name and address of County Agency affected and the solicitation number and title. b2. The name and address of the protesting party. c3. A statement of disputed issues of material fact. If there are no disputed material facts, the written letter must so indicate. d4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations, statutes, and constitutional provisions entitling the protesting party to relief. e5. The protesting party's entitled demand for the relief. f6. Such other information as the protesting party deems to be material to the issue. The formal protest shall contain all arguments, facts or data supporting and advancing the protestor's position. Under no circumstances shall the protestor have the right to amend, supplement or modify its formal protest after the filing thereof. Nothing herein shall preclude the County's authority to request additional information from the protesting party or other bidders or proposers in conjunction with the review and rendering of decisions on the protest, including any subsequent appeal. 5E. In the event of a timely protest of contract award consistent with the requirements of this section, the Purchasing Procurement Services Director shall not proceed further with the award of the contract until all appropriate administrative remedies as delineated under this section have been exhausted or until the Board of County Commissioners makes a determination on the record that the award of a contract without delay is in the best interests of the County. During this process, the protesting party shall Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1236 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 39 Text underlined is added; text struck through is deleted. limit their communications with the County to the Office of the County Attorney, and neither the protesting party, their agents or their representatives shall have any private contact or discussions with individual County Commissioners, the County Manager, other County employees, or any independent hearing officer (where applicable) regarding the protest except such communications as may be required or permitted during a hearing, if applicable, or a meeting of the County Commission wherein the solicitation or award is to be considered. 6F. The Purchasing Procurement Services Director shall review the merits of each timely protest and in consultation with the cContract mManager and other appropriate County staff, issue a decision stating the reasons for the decision and the protesting party's rights of appeal under this section. Said decision shall be in writing and mailed or otherwise furnished to the protesting party. The decision of the Purchasing Procurement Services Director shall be final and conclusive unless the protesting party delivers a subsequent written notice of appeal to the Purchasing Director County Manager within two (2) Three (3) calendar days, excluding weekends and County holidays from the date of receipt of the decision. In filing a written objection to the Purchasing Procurement Services Director's decision, the protestor shall not introduce new arguments or alter in any other way their protest submission. An appeal of the Purchasing Procurement Services Director's decision shall be limited to a review of the grounds set forth in the formal protest, and no new grounds or arguments will be introduced or considered. 7G. In the event of a subsequent appeal pursuant to subsection F, the County Manager shall determine whether to appoint an independent Hearing Officer to review the formal protest and the Purchasing Procurement Services Director's decision. The Hearing Officer's review shall be limited to the grounds set forth in the formal protest, and shall be for the purpose of determining whether the County's intended action is arbitrary, capricious, illegal, dishonest or fraudulent. The protesting party shall have the burden of proof. The Hearing Officer shall consider the formal protest, the Purchasing Procurement Services Director's decision, and supporting documents and evidence presented at the hearing. In any hearing, irrelevant, immaterial or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. The Hearing Officer may grant the motion of any person having standing under Florida law to intervene in the proceedings. Persons or parties shall have the right to be represented by counsel in the proceedings, to call witnesses, and present evidence; provided, however, that the Hearing Officer shall not have the right to compel attendance of witnesses or to permit or compel any discovery. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1237 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 40 Text underlined is added; text struck through is deleted. The Hearing Officer will have a maximum of 60 days to schedule and conduct a hearing into the matter and issue a recommended finding of fact and an opinion in writing to the County Manager or designee for submission to the Board of County Commissioners. Should the Hearing Officer find in favor of the County, the protesting party pay, in full, the costs of the Hearing Officer. If the Hearing Officer's recommended decision is in favor of the protesting party, then the County will assume this cost. The County Manager's discretion as to whether to appoint a Hearing Officer shall in no way afford the protestor the right to demand such an appointment or hearing. The decision of a Hearing Officer on a protesting party's appeal shall be submitted to the Board for its consideration as part of a final award decision. Nothing herein shall be construed as creating a right of judicial review of the Hearing Officer's decision, nor shall such decision be binding upon the Board. Additionally, nothing herein shall be construed as limiting the Board's right to reject any and all bids or proposals. 8H. Decisions of the Purchasing Procurement Services Director and Hearing Officer (where applicable) will be provided to the protestor and other interested parties prior to the award recommendation being presented to the Board of County Commissioners. Neither the County Manager's decision nor the Hearing Officer's recommended decision shall be construed as an award recommendation triggering additional rights of protest pursuant to this policy. Notwithstanding anything set forth herein to the contrary, the Board of County Commissioners shall retain the authority to make the final award decision. 9I. Failure to file a formal protest within the time and manner prescribed by this policy shall constitute a waiver of the right to protest by any protesting party as defined by subsection "A" of this policy. 10J. As a condition of filing a formal appeal protest to the Purchasing Procurement Services Director's initial finding, the protesting party shall submit a non-refundable filing fee for the purpose of defraying the costs of administering the protest. The filing fee shall be submitted with the formal protest. Failure to pay the filing fee shall result in the denial of the protest. The amount of the filing fee shall be as follows: Estimated Contract Amount Filing Fee $250,000.00 or less $500.00 $250,000.01 to $500,000.00 $1,000.00 Formatted: Strikethrough Formatted: Strikethrough Formatted: Line spacing: 1.5 lines Formatted: Line spacing: 1.5 lines 16.E.12.c Packet Pg. 1238 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 41 Text underlined is added; text struck through is deleted. $500,000.01 to $5 million $3,000.00 $5 million or more $5,000.00 This fee may be modified by Resolution of the Board of County Commissioners. SECTION TWENTY-FOUR TWENTY-FOURTHREE: Contract Claims. All actual or prospective claims arising against the County from contractors, vendors or any other party in direct privity with the County to provide goods or services shall first be directly addressed by the parties' administrative representatives in a manner consistent with the agreement between the parties and in accordance with the County's procedures Manual. For any prospective or actual claims or disputes arising under any contract entered into by the County, the Purchasing Procurement Services Director must determine the facts of the dispute. All contract claims should follow the County’s Vendor Payment Dispute Resolution Process outlined in SECTION SIXTEEN be reported to the County Attorney's Office and Clerk's Finance for proper documentation and recording and to the Board for determining action. SECTION TWENTY-FIVE: Exigent Circumstances, Emergency and Board Absence Purchases. In case of an exigent circumstance, which is defined as any circumstance requiring immediate action or attention, a valid public emergency, or during the Board's extended recess session(s) (all efforts should be made to obtain Board approval prior to anticipated recesses) whereby a purchase is necessary, the County Manager shall authorize the Purchasing Director to secure by open market procedure as herein set forth, any commodities or services. The County Manager shall have the authority to take actions including, but not limited to the issuance of contracts, change orders, and/or supplemental agreements. Any action shall be reported at the first available meeting of the Board of County Commissioners. The County Manager under the same consultations noted above shall further be authorized to approve payment(s) to vendors at the time of or shortly after purchase should the circumstances warrant. These payments shall be reported at the first available meeting of the Board. This section in no way constrains the provisions of Collier County's Civil Emergency ordinances or powers and authority pursuant to F.S. ch. 252, Emergency Management. SECTION TWENTY-SIX TWENTY-FIVEOUR: Inspection and Testing. Formatted: Line spacing: 1.5 lines Formatted: Line spacing: 1.5 lines Formatted: Line spacing: 1.5 lines Formatted Table Formatted: Line spacing: 1.5 lines 16.E.12.c Packet Pg. 1239 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 42 Text underlined is added; text struck through is deleted. The Purchasing Procurement Services Director shall inspect, or supervise the inspection of, or cause to be inspected, all deliveries of commodities or services to determine their conformance with the specifications set forth in an order or contract. 1A. Inspection by Operating Department: The Purchasing Procurement Services Director shall authorize operating departments to inspect, prior to use, all deliveries made to such operating departments under rules and regulations which the Purchasing Procurement Services Director shall prescribe. 2B. Testing: The Purchasing Procurement Services Director shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. In the performance of such tests, the Purchasing Procurement Services Director shall have the authority to make use of laboratory facilities of any Agency of the County or of any contracted outside laboratory. SECTION TWENTY-SEVEN TWENTY-SIXFIVE: Purchasing Card Program. The 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 Procurement 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 Procurement Services Director shall be authorized to assign cards to employees for these purchases. The Procurement Services Director shall be responsible for establishing the following dollar limits for each assigned card: 1A. Single Transaction Limit: Not to exceed $1,000.00 per card unless otherwise authorized by the Purchasing Procurement Services Director. 2B. Monthly Spending Limit: Not to exceed $10,000.00 per card unless otherwise authorized by the Purchasing Procurement Services Director. 3C. Strategic Purchases: The Purchasing Procurement Services Director may utilize (or delegate the authority to other Agency staff to utilize) a purchasing card to place orders that exceed the limits set forth under this section in instances where one or more of the following is true: a1. Where the purchase is to address a valid public emergency; or Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1240 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 43 Text underlined is added; text struck through is deleted. b2. Where the County will earn revenue through card program rebates; or c3. Where a vendor is requiring the County to order by purchasing card. 4D. Sales Tax Compliance: Pursuant to F.S. § 212.08(6), 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. 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 TWENTY-EIGHT TWENTY-SEVENIX: Conflict of Interest. The procurement of goods and When procuring commodities or services using County funds, each entity and employee under the purview of the Board of County Commissioners shall comply with all applicable state, local and federal laws concerning ethics and conflict of interest. For state or federally funded projects, County entities and employees shall comply with all legal requirements, including the requirements of Part 85, Section 36(b)(3) of the Housing and Urban Development Code. SECTION TWENTY-NINE TWENTY-EIGHTSEVEN: Debarment and Suspension. The County Manager may suspend and/or debar vendors, contractors, consultants and other interested and affected persons from active participation in obtaining County contracts upon approval of the Board. The purpose of any such action shall be to protect the County's interests and the integrity of the County's contracting process. The suspension and debarment processes shall be considered to be separate from and in addition to the award evaluation and vendor performance evaluation processes authorized elsewhere in this Purchasing Procurement Ordinance. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1241 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 44 Text underlined is added; text struck through is deleted. 1A. Definition of Terms: For the purposes of this section, the following terms have been defined as follows: a1. Affiliate refers to associated business entities or individuals that control or could control the contractor or are controlled by the contractor or could be controlled by the contractor. b2. Civil Judgment refers to a judgment or finding of a civil offense by any court of competent jurisdiction. c3. Contractor means any individual or legal entity that: (1)a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a County contract for construction or for procurement of commodities and services, including professional services; or (2)b. Conducts business, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. d4. Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. e5. Debarment means action taken by the County to exclude a contractor from County contracting and County-approved subcontracting for a reasonable, specified period as provided herein. f6. Preponderance of the Evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. g7. Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or services to a party deemed to be a contractor under this section. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1242 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 45 Text underlined is added; text struck through is deleted. h8. Suspension refers to action taken by the Purchasing Director County Manager to temporarily disqualify a contractor from County contracting or County-approved subcontracting pending action of the Board. 2B. Suspension: The Purchasing Procurement Services Director shall have the authority to recommend to the Board County Manager the suspension of a contractor, subcontractor or person from consideration for award of contracts if there appears to be a reasonable basis for debarment as set forth herein. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The suspension period shall not exceed three six (6) months without the approval of the County Manager Board of County Commissioners. 3C. Debarment: a1. Causes for Debarment: The prospective causes for debarment include one or more of the following: (1)a. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. (2)b. Conviction under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a contractor. (3)c. Conviction under state or federal antitrust laws arising out of the submission of bids, proposals or other competitive offers. (4)d. Violation(s) of County contract(s) provisions, which is (are) deemed to be serious and to warrant debarment, including the failure, without good cause, to perform in accordance with the terms, conditions, specifications, scope, schedule or any other provisions of the contract(s). (5)e. Refusal to provide bonds, insurance or other required coverage and certifications thereof within a reasonable time period. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1243 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 46 Text underlined is added; text struck through is deleted. (6)f. Refusal to accept a purchase order, agreement or contract, or perform accordingly provided such order was issued timely and in conformance with the solicitation and offer received. (7)g. Presence of principals or corporate officers in the business of concern, who were principals within another business at the time when the other business was suspended or debarred within the last three (3) years under the provisions of this section. (8)h. Violation of the ethical standards set forth under applicable state or county laws. (9)i. Debarment of the contractor by another public agency. (10) Submitting false invoices or invoices that mislead, misrepresent the true costs incurred or falsely identify either a source of material or a provider of a service. (110)j. Any other cause deemed to be so serious and compelling as to materially affect the qualifications or integrity of the contractor. b2. Procedure: (1)a. The county department requesting the suspension or debarment action shall submit to the Purchasing Procurement Services Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. (2)b. The Purchasing Procurement Services Director shall review the complaint, verify whether it is compliant with the provision of this Purchasing Procurement Ordinance, direct any appropriate changes and forward the complaint to the contractor. (3)c. The contractor shall review the complaint and shall provide a written response (with supporting documentation) to each allegation. The response shall be provided to the Purchasing Procurement Services Director within ten (10) business days of receipt of the notice of allegations. In the event that the contractor fails to respond to the Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Indent: Left: 1", Hanging: 0.5", Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1244 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 47 Text underlined is added; text struck through is deleted. complaint within the prescribed time period, the complaint, as forwarded to the contractor, shall become an effective suspension or debarment decision without further appeal. (4)d. In the event that the contractor files a timely and complete response to the complaint and the suspension or debarment action is based upon a conviction, judgment or other event(s) where there is no significant dispute over material facts, the Purchasing Procurement Services Director shall determine the period of recommended suspension or debarment on the basis of the undisputed material information set forth or referenced in the complaint, the contractor's reply and the parameters set forth in this section. In the event that the Contractor objects to the Purchasing Procurement Services Director's recommendation, the Contractor shall have a maximum of three (3) business days to file an appeal of the debarment decision with the Purchasing Procurement Services Director. The appeal will be forwarded to and considered by the County Manager, who will review the record compiled by the initiating department and the contractor. Should the County Manager overturn the Purchasing Procurement Services Director's decision; the County Manager shall formally cite the reasons for doing so. (5)e. In the event that the contractor files a timely and complete reply to the complaint and where the facts are in dispute, the Purchasing Procurement Services Director will convene a committee (hereinafter referred to as "the committee") consisting of at least three individuals who will review the complaint and the contractor's reply. The County Manager shall formally appoint the committee, which will generally consist of county employees, none of whom shall be a member of the department initiating the complaint. At the discretion of the County Manager, a member from private industry with a particular area of relevant expertise may be appointed to the committee, provided that this member is not a direct or indirect competitor of the firm in question. The Office of the County Attorney shall appoint a representative to attend the hearing committee’s review of the findings. The representative shall not be considered a voting member of the committee, but shall be available to provide legal Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1245 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 48 Text underlined is added; text struck through is deleted. counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disclose, to the Purchasing Procurement Services Director any actual or prospective conflicts of interest at the time of appointment or at the time in which the member becomes aware of the actual or prospective conflict. (6)f. The Purchasing Procurement Services Director shall chair the committee and serve as the Purchasing Procurement Department's representative to the committee. The Purchasing Procurement Services Director shall preside over and facilitate the deliberations of the committee as a non- voting member and serve as the County's liaison to the Contractor. All voting committee members are prohibited from having any communication regarding the issue outside the committee deliberations with any of the parties involved in the specific suspension or debarment or their representatives until after the committee decision has been issued or, in the event of an appeal of that decision by the contractor, until the conclusion of the appeal process. All committee deliberations are subject to F.S. § 286.011. (7)g. Where the material facts are in dispute, the committee shall evaluate the evidence, judge the credibility of witnesses and base its decision upon the preponderance of the evidence. Should the contractor fail to appear at the hearing, the contractor shall be presumed to be unqualifiedresponsible and or non-responsive and shall be subject to suspension or debarment. The committee decision shall be by a majority vote of those voting members in attendance. The committee shall be the sole trier of fact. In the event that the committee decides to impose suspension or a debarment, the decision will formally include, but not be strictly limited to the following information: (i)1) The specific reasons for the action; (ii)2) The scope of the suspension or debarment; and (iii)3) The period of suspension or debarment, including the effective and expiration dates. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1246 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 49 Text underlined is added; text struck through is deleted. The committee's decision shall be issued in writing within 20 business days of the conclusion of the hearing unless the committee extends this period for good cause. (8)h. The Purchasing Procurement Services Director shall forward the committee's decision to the contractor and affiliates involved. Should the contractor object to the committee's decision, the contractor shall have a maximum of three (3) business days to file an appeal of the decision with the Purchasing Procurement Services Director. The appeal will be forwarded to and considered by the County Manager, who will review the record compiled by the initiating department, the contractor and the committee. Should the County Manager overturn the committee's decision; the County Manager shall formally cite the reasons for doing so. Final recommendation for debarment shall be approved by the Board. c3. Debarment Period: (1)a. The committee shall recommend the period of debarment. The debarment period shall be commensurate with the severity of the cause(s) and approved by the Board. (2)b. The committee (having the same or different composition) may recommend to the Board a reduction in the debarment period upon a written request from the contractor to do so, based on one or more of the following reasons: (i)1) Newly discovered material evidence; (ii)2) A reversal of the conviction, civil judgment or other action upon which the debarment was based; (iii)3) Bona fide change in ownership or management; (iv)4) Elimination of other causes for which the debarment was imposed; or (v)5) Other reasons that the committee might deem appropriate. Formatted: Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Indent: First line: 0", Line spacing: 1.5 lines Formatted: Indent: Left: 1", Hanging: 0.5", Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1247 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 50 Text underlined is added; text struck through is deleted. The contractor's request shall be submitted to the Purchasing Procurement Services Director in writing and shall be based on one or more of the aforementioned reasons. 3c. The decision of the Board regarding a reduction of the debarment period is final and not subject to appeal. d4. The Effects of Debarment: (1)a. Debarred contractors are excluded from receiving County contracts. Departments shall not solicit offers from, award contracts to, or consent to subcontractors with debarred contractors, unless the County Manager in consultation with the Board Chair or Vice-Chair determines that emergency or single source conditions exist and grants written approval for such actions. Debarred contractors are excluded from conducting business with the County as agents, representatives, subcontractors or partners of other contractors. (2)b. The Purchasing Procurement Services Division Department shall notify all Board departments of the final debarment decision and the effects of that decision with regard to conducting business with the debarred entity(ies) during the debarment period maintain a list of firms places under a Suspended or Debared category and shall make that list known as a public record. 5. Continuation of Current Contracts: (3)a c. Departments Divisions may not renew or otherwise extend the duration of current contracts with debarred contractors in place at the time of the debarment unless the Board determines that it is in the best interests of the County to allow the contractor to continue or finish the work within an additional, limited period of time. b. Debarment shall constitute grounds for terminating an open agreement with a contractor. However, the contract manager may, with Board approval, permit completion of an open contract(s), provided that the debarred contractor has performed in a satisfactory manner to date under the open contract(s) unless otherwise directed by the Purchasing Director. Formatted: Indent: Left: 1.5", Hanging: 0.5", Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Strikethrough Formatted: Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Not Strikethrough Formatted: Indent: Left: 1.5", Hanging: 0.5", Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Line spacing: 1.5 lines 16.E.12.c Packet Pg. 1248 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 51 Text underlined is added; text struck through is deleted. 6. Restrictions on Subcontracting: (4)a d. When a debarred contractor is proposed as a subcontractor for any subcontract subject to County approval, the department shall not consent to subcontracts with such contractors. unless the County Manager in consultation with the Chair or Vice-Chair determines that emergency or single source conditions exist, thus justifying such consent and approves such decision. (5)b e. The County shall not be responsible for any increases in contract costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 6.a, provided that the subcontractor was debarred prior to the submission of the applicable bid or proposal offer. e7. The Scope of Debarment: Debarment applies to all officers, Directors, Managers, principals, Purchasing Procurement Services Directors, partners, qualifiers, divisions or other organizational elements of the debarred contractor, unless the debarment decision is limited by its terms to specific divisions, organizational elements or commodity/services. The committee's decision includes any existing affiliates of the contractor if they are specifically named and are given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the pre-existing terms of the committee's decision. SECTION THIRTY TWENTY-NINEEIGHT: Waiver of Ordinance. The Board of County Commissioners shall have the authority to waive any and all Purchasing Procurement Ordinance provisions within lawful guidelines and upon formal Board action. SECTION TWENTY-NINE THIRTY: Conflict and Severability. SECTION THIRTY-ONE: Inclusion in the Code of Laws and Ordinances. SECTION THIRTY-TWOONE: Effective Date. Formatted: Strikethrough Formatted: Strikethrough Formatted: Indent: Left: 1", Hanging: 0.5", Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Strikethrough 16.E.12.c Packet Pg. 1249 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance) 52 Text underlined is added; text struck through is deleted. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By:_____________________________ By:_____________________________ , Deputy Clerk , CHAIRMAN Approved as to form and legality: ___________________________ Scott R. Teach Deputy County Attorney Formatted: Line spacing: 1.5 lines 16.E.12.c Packet Pg. 1250 Attachment: Red Line Version of Ordinance2 (2718 : Amendment to Procurement Ordinance)