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Agenda 06/23/2015 Item #17EProposed Agenda Changes Board of County Commissioners Meeting June 23, 2015 Move Item 16A16 to Item 9C: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Legacy Estates, (Application Number 20140001803) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Companion to Item 16D5. (Commissioner Hiller's request) Move Item 17E to Item 9D: Recommendation to approve an Amendment to the Collier County Purchasing Ordinance (Ordinance Number 2013 -69). (Commissioner Taylor's request) Move Item 16D15 to Item 11G: Recommendation to approve a temporary signage program during the 2015 summer break to place temporary YMCA /CAT signs on select CAT bus stop poles. (Commissioner Henning's request) Move Item 16D5 to Item 11 H• This item to be heard immediately following Item 9C (16A16): Recommendation to approve a standard Donation Agreement that allows JD DEVELOPMENT l LLC, a foreign limited liability company, to donate a 1.14 acre parcel along with a management endowment of $4,440.30 to the Conservation Collier Land Acquisition Program under the offsite vegetation retention provision of the Land Development Code LDC Sec 3.05.07H.l.f.iii. (b), at no cost to the County, and authorize the Chairman to sign the Donation Agreement and staff to take all necessary actions to close. Companion to Item 16A16. (Commissioner Hiller's request) Move Item 16F6 to Item 11I: Recommendation to award RFQ 15 -6433 Production of the Tourism Guide to Miles Media Group, LLLP and authorize the Chairman to execute the County Attorney approved contract and make a finding that this action promotes tourism. (Commissioner Taylor's request) Move Item 16F12 to Item 11J: Recommendation to approve the Second Amendment to the Agreement between Economic Incubators, Inc. and the Board of County Commissioners. (Commissioner Taylor's request) Add On Item IIK: Recommendation to provide guidance to the County Manager in response to the Clerk of Court's unilateral decision to withhold presentation of selected expenditures to the Board for determination of valid public purpose and payment authorization. (Staffs request) Time Certain Items: Item 9C (Moved from 16A16) to be heard at 4.00 p.m. Proposed Agenda Changes Board of County Commissioners Meeting June 23, 2015 Page 2 Note: Item 16A21 Recommendation to review the April 2015 beach survey results and endorse a staff recommendation to not renourish the Vanderbilt Pelican Bay, Park Shore or Naples beaches in the Fall (November) of 2015. Direct staff to obtain a permit modification to renourish the Clam Pass Park beaches after the 15 year beach renourishment permit is issued from Florida Department of Environmental Protection and the United States Army Corps of Engineers. (Commissioner Henning's request) Item 16A25 Recommendation to approve Amendment to the Collier Metropolitan Planning Organization (MPO) Staff Services Agreement The attestation signature on Page 2 of the Amendment to MPO Staff Services Agreement should read as follows: Interim Collier MPO Executive Director. (Commissioner Taylor's request) Item 16E5 Recommendation to waive competition for Wesco Turf as a sole source vendor to exceed $50.000 spending limit for Fleet Management parts /service • Fiscal Year expenditures will not exceed $100,000 without Board approval. (Staff s request) Item 16176 Recommendation to award RFQ 15 -6433 Production of the Tourism Guide to Miles Media Group. LLLP and authorize the Chairman to execute the County Attorney approved contract and make a finding that this action promotes tourism • Advisory Board Recommendation has been added: The Tourist Development Council recommended approval (5 -1) of this item at the June 22, 2015 meeting. (Staffs request) 6/23/2015 8:47 AM 6/23/2015 17.E. EXECUTIVE SUMMARY Recommendation to approve an Amendment to the Collier County Purchasing Ordinance (Ordinance Number 2013 -69). OBJECTIVE: To approve an Amendment to the Collier County Purchasing Ordinance. CONSIDERATIONS: On June 9, 2015, Agenda Item 11 G; the Board of County Commissioners approved the advertisement of a future public hearing to consider an amendment to the Collier County Purchasing Ordinance (Ordinance Number 2013 -69). That advertisement was published in the Naples Daily News on Wednesday, June 10, 2015. Staff recommends that the Board of County Commissioners approve the attached proposed Amendment to Ordinance Number 2013 -69 with the added recommendation that was not reflected on the June 9, 2015 (Item 11 G): SECTION TWO: Section Five of the Purchasine Ordinance (and 2015 Ordinance): Modify all references from Purchasing, Purchasing Department and Purchasing Director to Procurement, Procurement Services Division and Procurement Services Director. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL IMPACT: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT RECOMMENDATION: That the Board of County Commissioners approves the attached amendment to the Collier County Purchasing Ordinance (Ordinance Number 2013 -69). Prepared by: Leo E. Ochs, Jr., County Manager Attachments: • Amendment to Purchasing Ordinance • Purchasing Ordinance • Advertisement Packet Page -3049- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.E. 6/23/2015 17.E. Item Summary: Recommendation to approve an Amendment to the Collier County Purchasing Ordinance (Ordinance Number 2013 -69). Meeting Date: 6/23/2015 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office 6/16/2015 10:44:14 AM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 6/16/2015 10:44:15 AM Approved By Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2015 11:26:35 AM Packet Page -3050- 6/23/2015 17.E. ORDINANCE NO. 2015 - AN ORDINANCE AMENDING ORDINANCE 2013 -69, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION THREE, APPLICABILITY; SECTION FIVE, ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING DIRECTOR; SECTION SEVEN, PURCHASES IN GENERAL, SECTION EIGHT, INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER THAN $50,000); SECTION FIFTEEN, PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS; SECTION SIXTEEN, PAYMENT OF INVOICES; SECTION EIGHTEEN, STANDARDIZATION, COOPERATIVE PURCHASING AGREEMENTS AND GOVERNMENT CONTRACTS; SECTION NINETEEN, CONTRACT ADMINISTRATION; SECTION TWENTY - SEVEN, PURCHASING CARD PROGRAM; AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS ANI) ORDINANCES, AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the Board) desires to seek the maximum value t-or 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, issues have arisen with respect to the County Manager's authority to enter into agreements or purchases under $50,000, and the County Commission desires to clarify that the County Manager and the Procurement Services Director, and their designees, have had, and will continue to have, the authority to enter into such agreements; and WHEREAS, the Board of County Commissioners hereby makes a formal legislative finding that power to make purchases and enter into agreements and contracts under $50,000 are administrative and ministerial and promote the efficient administration of County government, and that having the County Manager and Procurement Services Director make purchases and enter into contracts under $50,000 is in the best interest of the County and secure the maximum efficiency for the benefit of the public; and WHEREAS, the Board of County Commissioners seek additional changes to the Purchasing Ordinance to increase efficiency and ease of administration; and WHEREAS, in keeping with the above, the Board of County Commissioners wishes to amend this Ordinance as follows. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Collier County Purchasing Ordinance is hereby amended as follows: Words Underlined are added; Words StFuek -T feagh are deleted. Packet Page -3051- 6/23/2015 17.E. SECTION ONE: Section Three of the Purchasing Ordinance is hereby amended as follows: SECTION THREE: Applicability and Approved Thresholds. (a) This Purchasing Ordinance applies to the procurement of goods and services by the County after the effective date of this Purchasing Ordinance. This Purchasing Ordinance shall apply to all expenditures of public funds by the Board of County Commissioners for public purchasing, irrespective of the source of the funds. Nothing in this section shall prevent the County from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law. (b) Nothing contained herein shall be construed as requiring Collier County's Constitutional Officers (Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of elections, and Tax Collector) or the Collier County Metropolitan Planning Organization to be covered by the provisions of this Purchasing Ordinance. However, the services of the Collier County Purchasing Department and Purchasing Director may be made available for consultation. (c) The Board of County Commissioners hereby delegates the Countv Manager and Procurement Services Director or designees the authority to make purchases and enter into contracts for purchases or awards in an amount not to exceed $50.000. (d) Following formal action taken by the Board of Countv Commissioners on purchases greater than the formal competitive threshold the Board delegates to the Countv Manager or designee the authority to carry out the administrative and ministerial actions necessary to effectuate the Board's action including but not limited to the subsequent issuance of Work or Purchase Orders. SECTION TWO: Section Five of the Purchasing Ordinance is hereby amended as follows: SECTION FIVE: Establishment of Procurement Services Division and p""� Procurement Services Director. 1. There is hereby established the Collier County n,,.., haling Depai4 = = =ent Procurement Services Division, which shall be a distinct administrative department under the direction of the Countv Manager. 2. The Pufehasing Procurement Services Director of the Purchasing Department shall have the authority to negotiate all purchases for all Agencies except as required by State, Federal or Local Law. In keeping with Chapter 125, Florida Statutes, this Purchasing Ordinance grants to the Paste 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, § I(e). To this end, the below specifically enumerated powers are to be construed as administrative and ministerial in nature, for the purpose of carrying out the Board's directives and policies. The Procurement Services Director may delegate to one or more Purchasing Services Division employees any and all aspects of the authority vested in the Procurement Services Director. Words Underlined are added, Words StRiek Through are deleted. Packet Page -3052- 6/23/2015 17.E. 3. Any reference throughout this Ordinance to Purchasing Ordinance shall be amended and revised to Procurement Ordinance the Purchasing Department to Procurement Services _Division, the Purchasing Director shall be amended and revised to refer to the Procurement Services Director, and to the Purchasing_ Manual shall be amended and revised to the Procurement Manual. SECTION THREE: Section Seven of the Purchasing Ordinance, Purchases in General. is hereby deleted in its entirety and replaced with the following: SECTION SEVEN: Small Purchases (Purchases $3.000 or less). A purchase shall not be artificially divided or split so as to qualify under this or any other section of this Purchasing Ordinance. All small purchases will generally be processed using a regular purchase order, or, a purchasing card in accordance with Section 27 of this Purchasing Ordinance. Operating Division staff should make all reasonable efforts to purchase goods and services under Board approved contracts In the event a contract is not available staff will procure the highest quality items or services at the least expense to the County after approval by the Procurement Services Director. Only the Board's Procurement Services staff may issue a qualification based solicitation. SECTION FOUR: Section Eight of the Purchasing Ordinance, Purchases under $-50-000, is hereby deleted in its entirety and replaced with the following: FIG11T: Informal Competition ( Purchases FyC.eedi:1f7 S',.000 but Not Greater 7 -han S -50.000). A purchase shall not be artificially divided or split so as to qualify u:iiler this or aim' ether section of this Purchasing Ordinance Operating Division staff should make all reasonable efforts to purchase rroods and services under Board approved contracts In the event a contract is not available. or staff demonstrates that the price tinder contract exceeds the price on a non - contract. staff will procure the hiLhest quality items or services at the least expense to the County by using tlfe Iollc���in�� informal cmm�ctiticm process A. Purchases exceedim,, S3.000 but not ureat,:r than S�0 000 may be solicited by quotation as 6611o�ys: 1. Minimum Number Quotes: Open market purchases or sales in excess of $3.000 but not Greater than $50.000 shall be based on a i2ood faith effort under direction of the Procurement Services Division to obtain at least three (3) competitive quotes. Awards shall be made to the lowest qualified and responsive quote in accordance with the standards set forth in this Purchasing Ordinance 2 Solicitation of Quotes: Open market sale or price quotes may be solicited in writiny- or electronically using available bidders' and supplier lists and must be tendered or confirmed in writinia or electronically by the vendor prior to purchase Words Underlined are added; Words Stfuek Th"^"s-k are deleted. Packet Page -3053- 6/23/2015 17.E. Onlv the Board's Procurement Services staff may issue a qualification based solicitation. Quote information will be reviewed and approved by the Procurement Services Director. 3. Public Record: The Procurement Services Director shall maintain records of all open market quotes according to public records law. Such records shall be open for public inspection after an award has been made. B The requirements for requesting quotes from three (3) or more sources may be waived by the Procurement Services Director to the extent authorized by law for: Purchase of library books, education and /or personnel tests, similar_ audio visual materials, periodicals. and printed library cards. 2. Professional services. and in instances where commodities or services are purchased directly from the owner of a copyright or patent, a governmental agency. a recognized educational institution, or when there are no other identifiable sources available. 3. Purchases that the Procurement Services Director has determined to be legitimate sole or single source purchases. 4. Valid public emereencies 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 Attornev for purposes of preparing for or defendinL, against imminent or pending civil litigation or administrative proceedinus. SECTION FIVE: Section Fifteen: Procedure to Provide Preference to Local Businesses in County Contracts is hereby amended to add the following: (2) (c) Should a tie bid occur between a non -local bidder and a local bidder, the County shall award the contract to the local bidder. Should a tie occur between two local bidders the County will "flip a coin" between the two lowest bidders. The coin toss winner will be awarded the contract upon approval by the Board of' County Commissioners. SECTION SIX: Section Sixteen of the Purchasing Ordinance, Payment of Invoices, is hereby amended as follows: A. Agencies under the purview of the Board of County Commissioners shall be in compliance with Fla. Stat. Sec. 218.70, otherwise known as the "Local Government Prompt Payment Act." Pursuant to this, the requirements of this section shall apply to the following transactions: The purchase of commodities and services; Words Underlined are added; Words Sm,ueli -T =reugn are deleted. Packet Page -3054- 6/23/2015 17.E. The purchase or lease of personal property; The lease of real property. B. The County Manager shall establish and maintain procedures that authorize minor payment variances between the purchase order and invoice where warranted. The authority to pay such variances shall not exceed 5% of the purchase order amount or $500 whichever is less The County Manager- shall establish and maintain a pfeeess that authorizes the payment a ffeight and delivery elfiafges that are net speeifieally identified en the pufehase efElef ef less than X08 C. B The County Manager shall establish and maintain a process that authorizes the payment o_f_fre4,)ht and delivery charges that are not specifically identified on the purchase order of less than $500. D. C—. It shall be the responsibility of the County Manager, in consultation with the Clerk's Finance Director and operating Divisions, to establish, procedures for the timely payment of all transactions as defined under subsection 16.A. Such procedures shall include, but are not limited to the following: Formally defining the County's requirements for the content and submission of a proper invoice, codifying the County's payment requirements and notifying each vendor of their availability. 2. Steps required for the receipt of all invoices and the prompt return of improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. E. D-: Each December, the Procurement Services Pufehasing Director and the Clerk of the Courts shall submit a report to the Board listing the number and total dollar amount of interest penalty payments made during the preceding fiscal year pursuant to n S-4a4ate 219. F. Prior to payment the Board shall approve all expenditures with a finding that such expenditures serve a valid public purpose. SECTION SEVEN: Paragraph A of Section Eighteen of the Purchasing, Ordinance is hereby amended by adding the following clause: SECTION EIGHTEEN: Standardization, Cooperative Purchasing Agreements and Governmental Contracts A. Where standardization is determined to be desirable by the Board of County Commissioners or included in the Purchasing Manual, the purchase of commodities may be made by negotiation with the approval of the purchase by the Board in accordance with Section Words Underlined are added; Words Stfuck T�T-�g are deleted. Packet Page -3055- 6/23/2015 17.E 9• or if under the Formal Competitive Threshold with approval of the purchase by the Procurement Services Director. SECTION EIGHT: Section Nineteen of the Purchasing Ordinance is hereby amended as follows: SECTION NINETEEN: Contract Administration. A. Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include, but not be limited to: 1. A listing of the scope of services to be performed or commodities to be purchased. 2. A provision specifying the criteria and the final date, or number of days, by which such criteria must be met for completion of the work. 3. A provision specifying the terms of cancellation by the County and where applicable, a provision specifying the terms of renewal. 4. Where applicable, a provision establishing the appropriate types and levels of insurance to be carried by the vendor. Said provision shall be employed in a manner consistent with minimum insurance standards approved by the Board of County Commissioners. 5. A provision requiring the contractor /vendor to inform the County if he /she has been convicted of a public entity crime subsequent to July 1, 1989. A purchase order that embodies these provisions shall be sufficient documentation of the procurement. Except as otherwise provided in this Purchasing Ordinance, the p. „-Z Procurement Services Director shall determine the circumstances under which a Board approved purchase order (and all documents included by reference) shall serve as the contract document. B. Contract Manager: Every procurement of services shall be administered by the requesting Agency/Department. Words Underlined are added: Words Str-uek Through are deleted. Packet Page -3056- • Words Underlined are added: Words Str-uek Through are deleted. Packet Page -3056- 6/23/2015 17.E. C. Contracts: Notices that terminate in its entirety a Board - approved purchase or contract must be approved by the Board of County Commissioners prior to its termination 1. Modifications to Work Orders Change Orders and Amendments issued under a purchase order or contract that exceed ten (10 %) of the current Board approved aggregate amount or twentv percent (20 %) of the current Board approved number of days: must be approved by the Board. 2. Modifications to Work Orders, Change Orders. and Amendments issued under a purchase order or contract that do not exceed ten (10 %) of the current Board approved aggregate amount. or twenty percent (20 %) of the current Board approved number of days. be reported on the Procurement Services Administrative Ratification Report and presented to the Board for approval. Modifications to Board approved purchases or contracts by the issuances of the following. but not limited to direct material purchases notices to proceed or non- compliance, stop work notices. authorization for the use of approved allowances and re- allocation of funds between line items. supplemental agreements, and changes by letter may be authorized and executed by the Procurement Services Director without further approval by the Board. 4. All material changes in scope of contracts must be approved by the Board in advance Sections one (1) through three (3) shall not be applicable to term contracts or blanket purchase orders where the Countv desires to procure commodities and /or services on an as needed basis without having to obligate itself to a total contract amount Rather such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by the amount of funds appropriated in the budget of the operating Division(s). Such purchases shall be subject to all other provisions of this Purchasing Ordinance. Words Underlined are added; Words StFuck—T4reuggh are deleted. Packet Page -3057- 0 M%' M ism .. C. Contracts: Notices that terminate in its entirety a Board - approved purchase or contract must be approved by the Board of County Commissioners prior to its termination 1. Modifications to Work Orders Change Orders and Amendments issued under a purchase order or contract that exceed ten (10 %) of the current Board approved aggregate amount or twentv percent (20 %) of the current Board approved number of days: must be approved by the Board. 2. Modifications to Work Orders, Change Orders. and Amendments issued under a purchase order or contract that do not exceed ten (10 %) of the current Board approved aggregate amount. or twenty percent (20 %) of the current Board approved number of days. be reported on the Procurement Services Administrative Ratification Report and presented to the Board for approval. Modifications to Board approved purchases or contracts by the issuances of the following. but not limited to direct material purchases notices to proceed or non- compliance, stop work notices. authorization for the use of approved allowances and re- allocation of funds between line items. supplemental agreements, and changes by letter may be authorized and executed by the Procurement Services Director without further approval by the Board. 4. All material changes in scope of contracts must be approved by the Board in advance Sections one (1) through three (3) shall not be applicable to term contracts or blanket purchase orders where the Countv desires to procure commodities and /or services on an as needed basis without having to obligate itself to a total contract amount Rather such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by the amount of funds appropriated in the budget of the operating Division(s). Such purchases shall be subject to all other provisions of this Purchasing Ordinance. Words Underlined are added; Words StFuck—T4reuggh are deleted. Packet Page -3057- 6/23/2015 17.E. The Board shall have broad authority. within the limits of the law. to evaluate and approve any recommended contract modification without reauirina further competition. D. Contract Extension: Extension(s) of a Board - approved contract for commodities or non - construction services may be requested by the contract manager to the Pure asing Procurement Services Director in writing for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms and conditions set forth in the contract, if the extension period is provided for in the Board approved contract. The Purehasing Procurement Services Director shall have the authority to authorize and execute all such extensions, which must be issued prior to the expiration of the contract. Any extension(s) that exceed six months (cumulatively) shall be approved by the Board of County Commissioners. E. Contract Renewal: The Ong Procurement Services Director shall authorize and execute renewals of contracts for commodities and/or services subject to the following conditions: That the Contractor has performed in a satisfactory manner and that the Pur- b Procurement Services Director has received a request to renew from the Contractor or Project Manager verifying the Contractor's satisfactory performance. 2. That the Board - approved contract pursuant to Section 9 Formal Competitive Threshold, provided for a renewal and is renewed subject to the terms and conditions set forth in the initial contract. Cost and term modifications are addressed in the original solicitation document and /or resultant contract. 3. That the renewal is done for a set period of time identified in the solicitation document and/or contract, commencing at the end of the contract period. 4. That a contract under the formal competitive threshold with multiple renewal vear option terms may be annually by the Procurement Services Director. Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners. F. Contract Approval: All contracts for commodities and services exceediniz Section Nine: Formal Competitive Threshold shall be authorized by the Board of County Commissioners. Once approved. subsequent purchase orders referencing those Board approved contracts may be issued by the Procurement Services Director. Contracts below Section Nine: Formal Competitive Threshold shall be subject to the review and approval by the County Attornev staff and sianed by the Procurement Services Director. Purchase orders may be issued by the Procurement Services Director. G. Work Orders: The Ong Procurement Services Director may execute any work order if the work order is equal to or below such Board approval parameters for work orders as Words Underlined are added; Words Struck -Tough are deleted. Packet Page -3058- 6/23/2015 17.E. are set forth in the Board approved term contract for services under which the work order is generated. Work orders must be in sufficient detail to audit according to the approved contract. H. Consent to Assignments of Contract: For all Board approved contracts, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party. Authoritv Limitation and Delegation: Promulgation of Procedures: The Purehasing Procurement Services Director may delegate to one or more Procurement Services Division employees any or all aspects of the authority vested in the Pur- chasing Procurement Services Director. All authority to execute documents that is vested pursuant to this Section 19 in the Pur-ehasing Procurement Services Director or any other person shall be subject to the limits of any applicable federal, state or other law. J. Pavments to Contractors, Vendors and Consultants: Prior to the execution of a formal contract subject to this Procurement Ordinance, the Pufohasing Procurement Services Director shall establish a formal payment schedule and payment terms within the agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and the formal solicitation documents. In accordance with Fla. Stat. Sec. 218.735(8), the u„ 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 Pufe#asing 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: That the term " cumulative retainage" is defined to —can "the dollar total o4 ti,e funds retained from all payments issued under the contract divided by the gross dollar total of all monthly pay requests (or the total of all payment amounts deemed allowable by the project manager, whichever is less)." 2. That any decision to reduce retainage shall be formally communicated in a letter to the Contractor's representative and that the letter affirmatively states that the Contractor has performed the contract work in a satisfactory manner. 3. That the cumulative retainage not be adjusted until at least 50% of the work has been completed and payment has been issued. Words Underlined are added; Words Sw eh Through are deleted. Packet Page -3059- 6/23/2015 17.E. 4. That the Pur- ehasing Procurement Services Director's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests. The Pufehasing 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: The contractor has performed in a satisfactory manner to date as verified in writing by the Project Manager. 2. The total aggregate work under the agreement is at least 50% completed and accepted (i.e.; payments equaling at least 50% of the contract amount less retainage have been issued). 3. The retainage dollar amount to be released is based upon and consistent with the prevailing percentage of cumulative retainage being held at the time that the retainage is released. SECTION NINE: Section Twenty -Seven of the Purchasing Ordinance, is hereby amended as follows: SECTION TWENTY - SEVEN: Purchasing Card Program. The Pub Procurement Services Director shall be responsible for the overall management and operation of the County's purchasing card program in conformance with the Collier County, Administrative Practices and Procedures Manual. For the purpose of this Purchasing Ordinance, a purchasing card is a credit card officially assigned to specific employees under the purview of the Board of County Commissioners' agency for the purpose of transacting small and /or strategic purchases. The At Procurement Services Director shall be authorized to assign cards to employees for these purchases. The D,,.� �ehasin Procurement Services Director shall be responsible for establishing the following dollar limits for each assigned card: DSales T Co !;--rice• Pursuant to Section ?'1 21.08(6).. n.S. "County purchases transacted with . ax mn , arsua,l �+11V1 ....1 L t . � 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 5300, the cardholder's Director is responsible to ensure the tax is returned to the County for the purchase. Words Underlined are added; Words moo' Tea are deleted. Packet Page -3060- 6/23/2015 17.E. In all such instances the Procurement Services Director shall ensure that the purchase has been approved subject to all other provisions of this nolicv. All fixed assets purchased using a purchasing card shall be properiv reported to the Fixed Assets Section of the Clerk of Courts Finance Division so that it can be properly recorded. SECTION TEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TWELVE: Effective Date. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of June, 2015. ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk dry !�l�l�rc�ved a o i- 6-ii --a- Z legality: ?elire .� ;Klatzkow, County Attorney F BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ma TIM NANCE, CHAIRMAN Words Underlined are added; Words Stns '� Tip are deleted. Packet Page -3061- 6/23/2015 17.E. ORDINANCE NO. 2015 - AN ORDINANCE AMENDING ORDINANCE 2013 -69, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION THREE, APPLICABILITY; SECTION FIVE, ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING DIRECTOR; SECTION SEVEN, PURCHASES IN GENERAL, SECTION EIGHT, INFORMAL COMPETITION (PURCHASES EXCEEDING 53,000 BUT NOT GREATER THAN $50,000); SECTION FIFTEEN, PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS; SECTION SIXTEEN, PAYMENT OF INVOICES; SECTION EIGHTEEN, STANDARDIZATION, COOPERATIVE PURCHASING AGREEMENTS AND GOVERNMENT CONTRACTS; SECTION NINETEEN, CONTRACT ADMINISTRATION; SECTION TWENTY- SEVEN, PURCHASING CARD PROGRAM; AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the Board) desires to seek the maximum value for the County by procuring the best value in obtaining commodities and contractual services; and WHEREAS, to better effectuate this desire, on December 10th, 2013, the Board adopted Ordinance No. 2013 -69, known as the Collier County Procurement Ordinance; and WHEREAS, issues have arisen with respect to the County Manager's authority to enter into agreements or purchases under $50,000, and the County Commission desires to clarify that the County Manager and the Procurement Services Director, and their designees, have had, and will continue to have, the authority to enter into such agreements; and WHEREAS, the Board of County Commissioners hereby makes a formal legislative finding that power to make purchases and enter into agreements and contracts under $50,000 are administrative and ministerial and promote the efficient administration of County government, and that having the County Manager and Procurement Services Director make purchases and enter into contracts under $50,000 is in the best interest of the County and secure the maximum efficiency for the benefit of the public; and WHEREAS, the Board of County Commissioners seek additional changes to the Procurement Ordinance to increase efficiency and ease of administration; and WHEREAS, in keeping with the above, the Board of County Commissioners wishes to amend this Ordinance as follows. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. 1 Packet Page -3062- 6/23/2015 17.E. This Ordinance shall be known and may be cited as the "Collier County Procurement Ordinance" or "Procurement Ordinance." SECTION TWO: Purpose. The purpose of this Procurement Ordinance is to codify and formalize Collier County's 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. SECTION THREE: Applicability and Approved Thresholds (a) This Procurement Ordinance applies to the procurement of goods and services by the County after the effective date of this Procurement Ordinance. This 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. (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 Procurement Ordinance. However, the services of the Collier County Procurement Division and Procurement Services Director may be made available for consultation. (c) The Board of County Commissioners hereby delegates the County Manager and Procurement Services Director or designees, the authority to make purchases and enter into contracts for purchases or awards in an amount not to exceed $50,000. (d) Following formal action taken by the Board of County Commissioners on purchases greater than the fonnal competitive threshold, the Board delegates to the County Manager or designee the authority to carry out the administrative and ministerial actions necessary to effectuate the Board's action, including but not limited to the subsequent issuance of Work or Purchase Orders. SECTION FOUR: Definitions. 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 divisions under the auspices of the County Manager. z Packet Page -3063- 6/23/2015 17.E. Change Order shall mean a written order by a project manager, approved by the 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 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. Continuing contracts must contain sufficient details of goods and services to be procured for proper audit. County shall mean Collier County. County Manager shall mean the County Manager or County Administrator of Collier County, or designee, as defined in the County Administration Law of 1974, Ch. 125, Part III, Florida Statutes. 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 Unifonn Relocation Act of 1987. Extension shall mean an increase in the time allowed for the contract period due to circumstances which make performance impracticable or impossible, or which prevent a new contract from being executed. An extension must be in writing, and may not change the contract's amount or requirements unless provided for in the original solicitation, contract, or as otherwise stated in this Ordinance. Fixed Term Contract is one in which the purchase of commodities or services are available for use Countywide by all agencies as deemed necessary in instances where it is impracticable to establish definitive quantities, ordering schedules, or the details of the specific work to be performed in advance of establishing the contracts(s). Typically, the term and fee schedules are fixed for a period of time. These contracts are often implemented by purchase orders or work orders and may be awarded to multiple firms. Invitation to Bid shall mean a written or electronic solicitation for sealed competitive bids with the title, date, and hour of the public bid opening designated and specifically defining the commodity, group of commodities, or services for which bids are sought. It includes instructions prescribing all conditions for bidding and will be distributed to registered bidders simultaneously. The invitation to bid shall be used when the agency is capable of specifically defining the scope of work for which a contractual service is required or when the agency is capable of establishing precise specifications defining the actual commodity or group of commodities required. Invitation to Negotiate shall mean a written or electronically posted solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations 3 Packet Page -3064- 6/23/2015 17.E. before the procurement of commodities or contractual services. The invitation to negotiate is a solicitation used by an agency which is intended to determine the best method for achieving a specific goal or solving a particular problem and identifies one or more responsive vendors with which the agency may negotiate in order to receive the best value. Lowest responsive bid shall mean a bid submitted by the apparent lowest, qualified and responsive bidder whose bid response meets the needs of the County, as set forth in the invitation to bid. Minority business enterprise shall have the same definition as set forth in Florida Statutes Sec. 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 million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. Purchase or procurement shall rnean the acquisition of goods or services. 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. Purchase Order shall mean a contract which encumbers appropriated funds and which is directed to a single vendor to furnish or deliver commodities or services to the County. Procurement Services Director is the Procurement Services Division Director of Collier County. Procurement Manual shall mean the Board of County Commissioners' adopted administrative procedures for implementing this Procurement Ordinance. Procurement Policy or Policies shall mean the procurement practices and procedures outlined in this Procurement Ordinance. Qualified proposer shall mean a proposer who has the capability to perform the services outlined in the request for proposal, and has the integrity and reliability which will assure good faith performance. 4 Packet Page -3065- 6/23/2015 17.E. Renen;al shall mean contracting with the same contractor for an additional contract term, only if pursuant to contract terns specifically providing for such renewal and prior to the expiration of the prior term. Request for Proposal shall mean a written or electronic solicitation for sealed proposals with the title, date, and hour of the submission deadline designated. A request for proposal includes, but is not limited to, general information, applicable laws and rules, functional or general specifications, statement of work, proposals instructions, and evaluation criteria. An agency shall use a request for proposals when the purposes and uses for which the commodity, group of commodities, or contractual service being sought can be specifically defined and the agency is capable of identifying necessary deliverables. Various combinations or versions of commodities or contractual services may be proposed by a responsive vendor to meet the specifications of the solicitation document. Responsive bidder or proposer shall mean a person or entity that has submitted a bid or proposal which confor-rns in all material respects to the invitation to bid, request for proposals, or other methods of formal solicitation. Single source refers to situations in which only one vendor is chosen to provide the goods or services because of its specialized or unique characteristics. Sole source is when there is only one vendor capable of providing a good or service. 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. Woman Business Enterprise shall have the same definition as Minority business enterprise, excepting that the small business concern is at least 51- percent -owned by a woman or women. Work Order is a contract instrument issued under the terms and conditions of an approved continuing or fixed 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 tern contract, and all work done must fall within the scope and tern of the underlying agreement. SECTION FIVE: Establishment of Procurement Services Division and Procurement Services Director. I . There is hereby established the Collier County Procurement Services Division, which shall be a distinct administrative department under the direction of the County Manager. 2. The Procurement Services Director of the 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 Chapter 125, Florida Statutes, this 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 5 Packet Page -3066- 6/23/2015 17.E. 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 Procurement Services Division employees any and all aspects of the authority vested in the Procurement Services Director. 3. Any reference throughout this Ordinance to the Purchasing Director shall be amended and revised to refer to the Procurement Services Director and to the Purchasing Manual shall be amended and revised to the Procurement Manual. SECTION SIX: Duties of Procurement Services Division. Within the constructs of this Ordinance, the Procurement Services Division shall be responsible for: 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. 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. Procurement Manual: Preparing and recommending for adoption by the Board of County Commissioners administrative procedures for the Agency known as a Procurement Manual for the implementation of this 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 Procurement Manual shall be maintained and published on -line for the benefit of the public. 5. Forms: Prescribing and maintaining such forms to implement this Procurement Ordinance and Procurement Manual. 6. Non - Contract Purchases: Reviewing non - contract purchases under $50,000 to determine if an aggregated contract approach may provide value and offer pricing advantages to the County. 7. Tax Exemption: Procuring items for the County to exercise its tax exemption status when eligible. 6 Packet Page -3067- 6/23/2015 17.E. 8. Suspension and Debarment of Vendors: Overseeing and facilitating the suspension and /or debarment of vendors as set forth below. 9. 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 divisions; c. Ensure purchases are consistent with the Procurement Ordinance, d. Determine if specific purchases should be approved by the Board prior to the purchase; and, e. Delegate Procurement Services Director authority granted by this Procurement Ordinance in whole or in part to Procurement Service Division staff members. SECTION SEVEN: Small Purchases (Purchases $3,000 or less). A purchase shall not be artificially divided or split so as to qualify under this or any other section of this Procurement Ordinance. All small purchases will generally be processed using a regular purchase order, or, a purchasing card in accordance with Section 27 of this ProcurmentOrdinance. Operating Division staff should make all reasonable efforts to purchase goods and services under Board approved contracts. In the event a contract is not available, staff will procure the highest quality items or services at the least expense to the County after approval by the Procurement Services Director. Only the Board's Procurement Services staff may issue a qualification based solicitation. SECTION EIGHT: Infonnal Competition (Purchases Exceeding $3,000 but Not Greater Than $50,000). A purchase shall not be artificially divided or split so as to qualify under this or any other section of this 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: A. Purchases exceeding $3,000 but not greater than $50,000 may be solicited by quotation as follows: 1. Minimum Number Quotes: Open market purchases or sales in excess of $3,000 but not greater than $50,000 shall be based on a good faith effort under direction of the Procurement Services Division to obtain at least three (3) competitive quotes. Awards shall be made to the lowest, qualified and responsive quote in accordance with the standards set forth in this Procurement Ordinance. 7 Packet Page -3068- 6/23/2015 17.E. 2. Solicitation of Quotes: Open market sale or price quotes may be solicited in writing or electronically using available bidders' and supplier lists and must be tendered or confirmed in writing or electronically by the vendor prior to purchase. Only the Board's Procurement Services staff may issue a qualification based solicitation. Quote information will be reviewed and approved by the Procurement Services Director. 3. Public Record: The Procurement Services Director shall maintain records of all open market quotes according to public records law. Such records shall be open for public inspection after an award has been made. B. The requirements for requesting quotes from three (3) or more sources may be waived by the Procurement Services Director to the extent authorized by law for: 1. Purchase of library books, education and /or personnel tests, similar audio visual materials, periodicals, and printed library cards. 2. Professional services; and, in instances where commodities or services are purchased directly from the owner of a copyright or patent, a governmental agency, a recognized educational institution, or when there are no other identifiable sources available. 3. Purchases that the Procurement Services Director has determined to be legitimate sole or single source purchases. 4. Valid public emergencies or other exigent instances deemed by the County Manager pursuant to Section 25. 5. Purchase of services from experts or consultants by or through the Office of the County Attorney for purposes of preparing for or defending against imminent or pending civil litigation or administrative proceedings. SECTION NINE: Formal Competitive Threshold (Purchases in Excess of $50,000). A It is the intent of the Board of County Commissioners to establish an amount of fifty thousand dollars ($50,000) as the County's threshold for formal competitive purchases. All such purchases shall be accomplished by competitive sealed bid, by competitive selection and negotiation (per Section 11) or by competitive proposals (per Section 12). Award of contracts shall be made by the Board to the lowest, qualified responsive bidder except where otherwise provided for in this 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 Procurement Services Director. 8 Packet Page -3069- 6/23/2015 17.E. B. The requirement for formal competition may be waived by the Board of County Commissioners where permitted by law, under the following circumstances: 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 detennined 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 Procurement Services Director of one the following conditions: I. 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. E. Use of Past Perfonnance Data: In order to promote the quality delivery of commodities and services, County divisions 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: The Procurement Services Division shall be responsible for each of the following: a. Developing, implementing and maintaining administrative procedures, instructions and technologies necessary to collect past vendor performance data. b. Ensuring that relevant past performance data is properly gathered and considered prior to award of subsequent contracts. 2. Operating divisions shall be responsible for each of the following: a. Conducting periodic performance evaluations of vendors under contract with the County pursuant to the procedures established in subsection 9.E.Ia. b. Considering the past performance of vendors during the evaluation of bids and proposals pursuant to the procedures established in subsection 9.E.1 b. F. 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 9 Packet Page -3070- 6/23/2015 17.E. regarding a prospective purchase prior to the time of award unless requested to do so by the Procurement Services Director or by a majority vote of the Board. SECTION TEN: Competitive Bid Process. A. Notice Invitina Bids: Announcement: Notice inviting bids shall be publicly posted by the Procurement Services Division in a consistent public location at least ten (10) days proceeding 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 Procurement Services 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. 3. Bidders' List: The Procurement Services Director shall also solicit sealed bids from qualified prospective vendors /contractors who have registered their names on the Collier County Procurement Services Division 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 Procurement Services Division 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 Procurement Services Director for continual non - response to formal solicitations and violations of the Procurement Ordinance. The Procurement Services 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 Procurement Services 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 Procurement Services 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 Procurement Services 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 10 Packet Page -3071- 6/23/2015 17.E. Procurement Services Director. The addendum shall clearly point out any addition or change to the invitation for bids. The Procurement Services Division 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: Sealed Bids: Sealed bids shall be submitted manually or electronically to the Procurement Services 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 Procurement Services Division. 3. Tabulation: A tabulation of all bids received shall be made either electronically or manually by the Procurement Services Division—and shall be available for public inspection pursuant to Fla. Stat. Sec. 119.07. C. Tie Bids: Where there are low tie bids, the award process shall first be subject to Fla. Stat. Sec. 287.087. In the event that all of the tied bidders comply with Fla. Stat. Sec. 287.087, the Procurement Services Division shall detennine if any of the bidders would be considered a local business as defined under Section 15 of this Procurement 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) of this Procurement Ordinance. D. Rejection of Bids and Negotiation: The Board of County Commissioners shall have the authority to reject any and all bids. 2. Subsequent to applying the procedures set forth under Section 15(2) (b) (where applicable), if 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 Procurement Services Director may negotiate changes with the apparent lowest qualified 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 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 is received, the Board of County Commissioners may authorize the Procurement Services Director to purchase by negotiation under conditions most favorable to the public interest and when said purchase will result in the lowest ultimate cost of the commodities or services obtained. E. Waiver of Irregularities: The Board of County Commissioners shall have the authority to waive any and all irregularities in any and all formal bids within lawful guidelines. 11 Packet Page -3072- 6/23/2015 17.E. F. Award of Contract: The Chair or Vice Chair in the Chair's absence, when authorized by majority vote of the Board, shall execute formal contracts having a binding effect upon the County. A formal contract shall be awarded by the Board of County Commissioners to the lowest, qualified responsive bidder. In addition to price the following may be considered: 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 perfonnance 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. 9. Prior litigation or administrative proceedings involving the bidder or bidder's principal. All recommendations for award for contracts will be reviewed and approved by the Procurement Services Director prior to presentation to 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 Fla. Stat. §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 firn1 provides professional services to the County for projects in which construction costs do not exceed $2,000,000, for study activity if the fee for each individual study under the contract does not exceed $200,000; or for work of a specified nature as outlined in the contract required by the 12 Packet Page -3073- 6/23/2015 17.E. County, with the contract being for a fixed teen 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 fines 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 Procurement Services 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 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 fire'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 fire fail to agree upon the terns 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 Procurement Services Director from the competitive bidding process. Instead, professional services will be typically acquired through one of the following methods: I. Competitive Selection and Negotiation as set forth immediately above, or 13 Packet Page -3074- 6/23/2015 17.E. 2. Competitive Proposals (pursuant to Section 12). 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 Section 11.45, F. S.). c. Consultants - planning, management, technological or scientific advisors. 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 Procurement 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 Procurement Ordinance, and must first be approved by the Board. SECTION TWELVE: Competitive Proposals. A. The Competitive Proposals process is a method of contract selection that may be utilized by the Procurement Services Director under circumstances where one or more of the following conditions exist: 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. 14 Packet Page -3075- 6/23/2015 17.E. 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: 1. A Request for Proposals (RFP) will be prepared and distributed. Notice of said request(s) shall be publicly posted by the Procurement Services Division 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 Fla. Stat. Sec. 287.055 and section thirteen below. 3. Prior to the announcement and distribution of the RFP, a selection committee shall be appointed by the County Manager to evaluate the proposals received. 4. Proposals may be solicited and /or received in one or more steps as permitted by law and deemed appropriate by the Procurement Services Director. Unless otherwise prohibited by law, the Procurement Services Director shall have the discretion to solicit and conduct simultaneous or concurrent negotiations with one or more firms. SECTION THIRTEEN: Procurement of Design -Build Contracts. A. Procurements for the design and construction of public construction projects may be obtained through a single contract with a design -build finn selected in a manner permitted under Fla. Stat. Sec. 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 FOURTEEN: Small and Disadvantaged Minority and Women Business Enterprises. 15 Packet Page -3076- 6/23/2015 17.E. 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. B. Implementing Measures: In an effort to implement this policy, the County may undertake the following measures: Designate the Procurement Services Director to administer this policy. 2. 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: a. Attending trade fairs which include representatives from these enterprises. b. Attending meetings and social events wherein these enterprises are present. C. Utilizing publications aimed at reaching these enterprises. d. Utilizing Purchasing Directories and other reference sources that list these enterprises. e. Publicizing this Policy to encourage these enterprises to participate in the County's procurement process. f. Other actions designed to identify opportunities for these enterprises who seek to provide commodities and services to the County. 3. Maintain a list of these enterprises. 4. 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. 16 Packet Page -3077- 6/23/2015 17.E. C. 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: 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 Procurement Ordinance, purchases of commodities and services shall give preference to local businesses in the following manner: (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 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- pennanent 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) Preference in purchase of commodities and services 1 y 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 affinnatively 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) Competitive bid (local price match option). Each fornal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non -local business submits the lowest 17 Packet Page -3078- 6/23/2015 17.E. price bid, and the bid submitted by one or more qualified 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 (l ) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Procurement Services Division shall detennine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug -free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Procurement Services Division 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 qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 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) 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) or Competitive Selection and Negotiation (Section l 1) 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 1113.2 (which are subject to Section 287.055, F.S.) and subsection 1113.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. (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) 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. (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. 18 Packet Page -3079- 6/23/2015 17.E. (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 fines exceed the amount of preference that such local government extends to Collier County fines competing for its contracts. (6) Purview and administration of this Local Preference Policy. This policy shall apply to all divisions and units under the direct purview of the Board of County Commissioners. For purchases of $50,000 or less, the Procurement Services Division shall systematically encourage divisions to include local vendors when soliciting quotations in accordance with this policy. SECTION SIXTEEN: Payment of Invoices. A. Agencies under the purview of the Board of County Commissioners shall be in compliance with Fla. Stat. Sec. 218.70, otherwise known as the "Local Government Prompt Payment Act." Pursuant to this, the requirements of this section shall apply to the following transactions: The purchase of commodities and services; 2. The purchase or lease of personal property; 3. The lease of real property. B. The County Manager shall establish and maintain procedures that authorize minor payment variances between the purchase order and invoice where warranted. The authority to pay such variances shall not exceed 5% of the purchase order amount or $500, whichever is less. C. The County Manager shall establish and maintain a process that authorizes the payment of freight and delivery charges that are not specifically identified on the purchase order of less than $500. 19 Packet Page -3080- 6/23/2015 17.E. D. 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 hereof. Such procedures shall include, but are not limited to the following: Formally defining the County's requirements for the content and submission of a proper invoice, codifying the County's payment requirements and notifying each vendor of their availability. 2. Steps required for the receipt of all invoices and the prompt return of improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. E. Each December, the Procurement Services Director and the Clerk of the Courts Finance Director shall submit a report to the Board listing the number and total dollar amount of interest penalty payments made during the preceding fiscal year. F. Prior to payment, the Board shall approve all expenditures with a finding that such expenditures serve a valid public purpose. SECTION SEVENTEEN: 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 Fla. Stat. Sec. 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: Standardization, Cooperative Purchasing Organizations and Governmental Contracts A. Where standardization is determined to be desirable by the Board of County Commissioners or included in the 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; or if under the Formal Competitive Threshold, with approval of the purchase by the Procurement Services Director. B. Annually, the Board of County Commissioners will approve a list of authorized purchasing cooperative organizations and governmental schedules and contracts. The 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. 20 Packet Page -3081- 6/23/2015 17.E. Additionally, the 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: Contract Administration. A. Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include, but not be limited to: A listing of the scope of services to be performed or commodities to be purchased. 2. A provision specifying the criteria and the final date, or number of days, by which such criteria must be met for completion of the work. 3. A provision specifying the terms of cancellation by the County and where applicable, a provision specifying the terms of renewal. 4. Where applicable, a provision establishing the appropriate types and levels of insurance to be carried by the vendor. Said provision shall be employed in a manner consistent with minimum insurance standards approved by the Board of County Commissioners. 5. A provision requiring the contractor /vendor to inform the County if he /she has been convicted of a public entity crime subsequent to July 1, 1989. A purchase order that embodies these provisions shall be sufficient documentation of the procurement. Except as otherwise provided in this 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. B. Contract Manager: Every procurement of services shall be administered by the requesting Divisions. C. Contracts: Notices that tenninate in its entirety a Board - approved purchase or contract must be approved by the Board of County Commissioners prior to its termination. 1. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that exceed ten (10° /o) of the current Board approved aggregate amount or twenty percent (20 %) of the current Board approved number of days; must be approved by the Board. 2. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that do not exceed ten (10 %) of the current Board approved aggregate 21 Packet Page -3082- 6/23/2015 17.E. amount, or twenty percent (20 %) of the current Board approved number of days; will be reported on the Procurement Services Administrative Ratification Report and presented to the Board for approval. 3. Modifications to Board approved purchases or contracts by the issuances of the following, but not limited to, direct material purchases, notices to proceed or non - compliance, stop work notices, authorization for the use of approved allowances and re- allocation of funds between line items, supplemental agreements, and changes by letter may be authorized and executed by the Procurement Services Director without further approval by the Board. 4. All material changes in scope of contracts must be approved by the Board in advance. 5. Sections one (1) through three (3) shall not be applicable to tern 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 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. D. Contract Extension: Extension(s) of a Board - approved contract for commodities or non - construction services may be requested by the contract manager to the Procurement Services Director in writing for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms and conditions set forth in the contract, if the extension period is provided for in the Board approved contract. The Procurement Services Director shall have the authority to authorize and execute all such extensions, which must be issued prior to the expiration of the contract. Any extension(s) that exceed six months (cumulatively) shall be approved by the Board of County Commissioners. E. Contract Renewal: The Procurement Services Director shall authorize and execute renewals of contracts for commodities and /or services subject to the following conditions: 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 perfornance. 2. That the Board - approved contract pursuant to Section 9 Formal Competitive Threshold, provided for a renewal and is renewed subject to the terns and conditions set forth in the initial contract. Cost and term modifications are addressed in the original solicitation document and /or resultant contract. 3. That the renewal is done for a set period of time identified in the solicitation document and /or contract, commencing at the end of the contract period. 22 Packet Page -3083- 6/23/2015 17.E. 4. That a contract under the formal competitive threshold with multiple renewal year option terms may be approved annually by the Procurement Services Director. Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners. F. Contract Approval: All contracts for commodities and services exceeding Section Nine: Formal Competitive Threshold shall be authorized by the Board of County Commissioners. Once approved, subsequent purchase orders referencing those Board approved contracts may be issued by the Procurement Services Director. Contracts below Section Nine: Formal Competitive Threshold shall be subject to the review and approval by the County Attorney staff and signed by the Procurement Services Director. Purchase orders may be issued by the Procurement Services Director. G. Work Orders: The Procurement Services Director may execute any work order if the work order is equal to or below such Board approval parameters for work orders as are set forth in the Board approved term contract for services under which the work order is generated. Work orders must be in sufficient detail to audit according to the approved contract. H. Consent to Assignments of Contract: For all Board approved contracts, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party. Authoritv Limitation and Deleaation: 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 in the Procurement Services Director or any other person shall be subject to the limits of any applicable federal, state or other 1 aw. J. Pavments 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 Fla. Stat. Sec. 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: 23 Packet Page -3084- 6/23/2015 17.E. That the term "cumulative retainage" is defined to mean "the dollar total of the funds retained from all payments issued under the contract divided by the gross dollar total of all monthly pay requests (or the total of all payment amounts deemed allowable by the project manager, whichever is less)." 2. That any decision to reduce retainage shall be formally communicated in a letter to the Contractor's representative and that the letter affirmatively states that the Contractor has performed the contract work in a satisfactory manner. 3. That the cumulative retainage not be adjusted until at least 50% of the work has been completed and payment has been issued. 4. That the Procurement Services Director's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests. 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: The contractor has performed in a satisfactory manner to date as verified in writing by the Project Manager. 2. The total aggregate work under the agreement is at least 50% completed and accepted (i.e.,- payments equaling at least 50% of the contract amount less retainage have been issued). 3. The retainage dollar amount to be released is based upon and consistent with the prevailing percentage of cumulative retainage being held at the time that the retainage is released. SECTION 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 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: Unauthorized Purchases. All purchases made shall be consistent and in compliance with the 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. 24 Packet Page -3085- 6/23/2015 17.E. SECTION TWENTY -TWO: Prohibition against Subdivision. No contract or purchase shall be subdivided to avoid the requirements of this Procurement Ordinance or of State law. SECTION TWENTY- THREE: Protest of Bid or Proposal Award. The purpose of this section is to accommodate legitimate protests concerning formal competitive 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. A. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for Proposal, who has a substantial interest and 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 Procurement Services Director, who shall serve as the sole recipient of any and all notices of intent to protest and all formal protests. B. 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 parry 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. The Procurement Services Director shall render a decision on the formal protest and detenmine whether postponement of the bid opening or proposal /response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. C. 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 the Procurement Services Director within two (2) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. D. All formal protests with respect to a recommended contract award shall be submitted in writing to the 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 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: 25 Packet Page -3086- 6/23/2015 17.E. Name and address of County Agency affected and the solicitation number and title. 2. The name and address of the protesting party. 3. A statement of disputed issues of material fact. If there are no disputed material facts, the written letter must so indicate. 4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations, statutes, and constitutional provisions entitling the protesting party to relief. 5. The protesting party's entitled demand for the relief. 6. 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. E. In the event of a timely protest of contract award consistent with the requirements of this section, the 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 detennination 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 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. F. The Procurement Services Director shall review the merits of each timely protest and in consultation with the contract manager 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 zn of the Procurement Services Director shall be final and conclusive unless the protesting party delivers a subsequent written notice of appeal to the Procurement Services Director within two (2) calendar days, excluding weekends and County holidays from the date of receipt of the decision. In filing a written objection to the 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 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. 26 Packet Page -3087- 6/23/2015 17.E. G. 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 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 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. 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 parry'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. H. Decisions of the 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. 1. 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. J. As a condition of filing a formal appeal to the 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: 27 Packet Page -3088- 6/23/2015 17.E. Estimated Contract Amount Filing Fee $250,000 or less $500 $250,000.01 to $500,000 $1,000 $500.000.01 to $5 million $3,000 $5 million or more $5,000 This fee may be modified by Resolution of the Board of County Commissioners. SECTION TWENTY -FOUR: 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 Procurement Services Director must determine the facts of the dispute. All contract claims should 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 Procurement Services 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 Fla. Stat. ch. 252. Emergency Management. SECTION TWENTY -SIX: Inspection and Testing. 28 Packet Page -3089- 6/23/2015 17.E. The 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. A. Inspection by Operating Divisions: The Procurement Services Director shall authorize operating divisions to inspect all deliveries made to such operating divisions under rules and regulations which the Procurement Services Director shall prescribe. B. Testing: The 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 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: 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 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, contract, travel related, and other purchases made according to Section Eight. 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: A. Single Transaction Limit: Not to exceed $1,000 per card unless otherwise authorized by the Procurement Services Director. B. Monthly Spending Limit: Not to exceed $10,000 per card unless otherwise authorized by the Procurement Services Director. C. Strategic Purchases: The 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: Where the purchase is to address a valid public emergency; or 2. Where the County will earn revenue through card program rebates; or 3. Where a vendor is requiring the County to order by purchasing card. D. Sales Tax Compliance: Pursuant to Section 212.08(6), F.S., County purchases transacted with vendors within the State of Florida are exempt from the State sales and use tax. In such instances, it is the responsibility of the cardholder to provide the vendor with the appropriate tax exemption information when the card is presented to the vendor. In the event that the cardholder fails to provide 29 Packet Page -3090- 6/23/2015 17.E. the vendor with the appropriate tax exemption infonnation 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: Conflict of Interest. 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 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: 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 Procurement Ordinance A. Definition of Terms: For the purposes of this section, the following terms have been defined as follows: 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. ?. Civil Jud,-ment refers to a judgment or finding of a civil offense by any court of competent jurisdiction. 3. Contractor means any individual or legal entity that: 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, 30 Packet Page -3091- 6/23/2015 17.E. a County contract for construction or for procurement of commodities and services, including professional services; or b. Conducts business, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. 4. 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. 5. 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. 6. 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. 7. 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. 8. Suspension refers to action taken by the Procurement Services Director to temporarily disqualify a contractor from County contracting or County- approved subcontracting pending action of the Board. B. Suspension: The Procurement Services Director shall have the authority to recommend to the Board the suspension of a contractor, subcontractor or person from consideration for award of contracts if there appears to be a reasonable basis for debannent 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 months without the approval of the County Manager. C. Debarment: 1. Causes for Debarment: The prospective causes for debarment include one or more of the following: 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. 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. 31 Packet Page -3092- 6/23/2015 17.E. C. Conviction under state or federal antitrust laws arising out of the submission of bids, proposals or other competitive offers. 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). e. Refusal to provide bonds, insurance or other required coverage and certifications thereof within a reasonable time period. 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. 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 years under the provisions of this section. h. Violation of the ethical standards set forth under applicable state or county laws. Debarment of the contractor by another public agency. j. Any other cause deemed to be so serious and compelling as to materially affect the qualifications or integrity of the contractor. 2. Procedure: a. The county division requesting the suspension or debarnient action shall submit to the Procurement Services Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. b. The Procurement Services Director shall review the complaint, verify whether it is compliant with the provision of this Procurement Ordinance, direct any appropriate changes and forward the complaint to the contractor. 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 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 complaint within the prescribed time period. the complaint, as forwarded to the contractor, shall become an effective suspension or debarment decision without further appeal. 32 Packet Page -3093- 6/23/2015 17.E. 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 Procurement Services Director shall detennine 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 Procurement Services Director's recommendation, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the Procurement Services Director. The appeal will be forwarded to and considered by the County Manager, who will review the record compiled by the initiating division and the contractor. Should the County Manager overturn the Procurement Services Director's decision; the County Manager shall formally cite the reasons for doing so. C. In the event that the contractor files a timely and complete reply to the complaint and where the facts are in dispute, the 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 division 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. The representative shall not be considered a voting member of the committee, but shall be available to provide legal counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disclose, to the 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. f. The Procurement Services Director shall chair the committee and serve as the Procurement Division's representative to the committee. The 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 Section 2-86.011 Fla. Stat. 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 33 Packet Page -3094- 6/23/2015 17.E. preponderance of the evidence. Should the contractor fail to appear at the hearing, the contractor shall be presumed to be unqualified 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 debannent, the decision will formally include, but not be strictly limited to the following information: 1) The specific reasons for the action; 2) The scope of the suspension or debarment; and 3) The period of suspension or debarment, including the effective and expiration dates. 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. h. The 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 business days to file an appeal of the decision with the Procurement Services Director. The appeal will be forwarded to and considered by the County Manager, who will review the record compiled by the initiating division, the contractor and the committee. Should the County Manager overturn the committee's decision; the County Manager shall fonnally cite the reasons for doing so. Final recommendation for debarment shall be approved by the Board. 3. Debarment Period: a. The committee shall recommend the period of debannent. The debarment period shall be commensurate with the severity of the cause(s) and approved by the Board. 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: l) Newly discovered material evidence; 2) A reversal of the conviction, civil judgment or other action upon which the debarment was based; 3) Bona fide change in ownership or management; 4) Elimination of other causes for which the debarment was imposed; or 5) Other reasons that the committee might deem appropriate. 34 Packet Page -3095- 6/23/2015 17.E. The contractor's request shall be submitted to the Procurement Services Director in writing and shall be based on one or more of the aforementioned reasons. C. The decision of the Board regarding a reduction of the debarment period is final and not subject to appeal. 4. The Effects of Debanment: a. Debarred contractors are excluded from receiving County contracts. Divisions 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. b. The Procurement Division shall notify all Board divisions 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. 5. Continuation of Current Contracts: a. Division 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 agreernent 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 Procurement Services Director. 6. Restrictions on Subcontracting: a. When a debarred contractor is proposed as a subcontractor for any subcontract subject to County approval, the division 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. I . 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. 35 Packet Page -3096- 6/23/2015 17.E. 7. The Scope of Debarment: Debarment applies to all officers, Directors, Managers, principals, Procurement Services Directors, partners, qualifiers, divisions or other organizational elements of the debarred contractor, unless the debannent 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: Waiver of Ordinance. The Board of County Commissioners shall have the authority to waive any and all Procurement Ordinance provisions within lawful guidelines and upon formal Board action. SECTION THIRTY -ONE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTY -TWO: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THIRTY - THREE: Effective Date. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of June, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA C By: Deputy Clerk TIM NANCE, CHAIRMAN 36 Packet Page -3097- Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney 37 Packet Page -3098- 6/23/2015 17.E. 6/23/2015 17.E. 22D 21 \ /Ve'nesday, June l0,.0i5i S2 NAPLES DAILY NEWS NOTICE OF INTENT TO CONSIDER ORDINANCE , Notice is hereby given that on Tuesday, June 23, 2015, in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE 2013 -69, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION THREE, APPLICABILITY; SECTION FIVE, ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING DIRECTOR; SECTION SEVEN, PURCHASES IN GENERAL, SECTION EIGHT, INFORMAL COMPETITION (PURCHASES EXCEEDING 53,000 BUT NOT GREATER THAN 550,000); SECTION FIFTEEN, PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS; SECTION SIXTEEN, PAYMENT OF INVOICES; SECTION EIGHTEEN, STANDARDIZATION, COOPERATIVE PURCHASING AGREEMENTS AND GOVERNMENT CONTRACTS; SECTION NINETEEN, CONTRACT ADMINISTRATION; SECTION TWENTY - SEVEN, PURCHASING CARD PROGRAM; AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND AN EFFECTIVE DATE. A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. if recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) imp 10 ?015 Nn 2484400 Packet Page -3099-