Agenda 07/07/2015 Item #10D7/7/2015 10. D.
EXECUTIVE SUMMARY
Recommendation to amend the Interlocal Agreement between the Board of County
Commissioners and the Clerk of the Circuit Court to promote accountability and
transparency
OBJECTIVE: To amend the Interlocal Agreement between the Board of County Commissioners
(Board) and the Clerk of the Circuit Court to strengthen fiscal oversight and accountability over Board
funds appropriated for contracted services.
CONSIDERATIONS: On July 27, 2010 the Board entered into an interlocal agreement with the Clerk
of Courts for the provision of financial, accounting, investment, debt management, minute - taking and
other mutually agreed upon services. The agreement automatically renews each October 1', unless
terminated pursuant to the terms of the agreement. As additional consideration for the provision of these
services, beyond what the Clerk applies to the services by way of statutorily allowed fees, the Board has
agreed to annually contract and pay the Clerk as Clerk to the Board, based upon the Clerk's annual budget
submission to the Board each May 1st. The funding level proposed by the Clerk for these services for
fiscal year 2016 is $6,014,400.
Given the substantial amount of discretionary general fund dollars being requested by the Clerk for these
services, it is recommended that the Board require the Clerk to adhere to the Board's budgetary,
procurement and payment procedures and policies as provided by the County's Purchasing Ordinance and
other Board policies (attached). In order to achieve this objective, it is further recommended that the Chair
of the County Commission, together with the County Manager, be authorized by the Board to negotiate
this amendment to the agreement for subsequent presentation and vote on a future Board agenda.
Specifically, items to be included in the contract amendment should include, but not be limited to, the
following:
1. Payments for services shall be on a reimbursed, not advanced, payment schedule.
2. Prior to payment, expenditures made pursuant to this agreement shall be subject to independent
pre -audit by the Board.
3. Prior to payment, expenditures made pursuant to this agreement shall be subject to the Board's
approval for valid public purpose.
4. Payments to the Clerk per this agreement shall be signed by the Board Chair and attested to by
the appointed Secretary of the Board.
5. Expenditures shall be subject to post audit by the Board, by an auditor of the Board's choosing,
to the extent deemed necessary.
6. The Interlocal Agreement shall be presented annually to the Board for approval; and, that
existing evergreen provisions be eliminated as against public policy, and the County's
Purchasing Ordinance regarding contracts over $50,000.
FISCAL IMPACT: The Clerk has requested $6,014,400 to fund the services detailed in the existing
interlocal agreement in FY 2016.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
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LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Section III of the
Agreement contemplates that the parties may negotiate in good faith potential amendments to the
Agreement. Accordingly, this item is approved as to form and legality, and requires majority support for
approval. -JAK
RECOMMENDATION: That the Chair of the County Commission and the County Manager be
authorized to negotiate an amendment to the current Interlocal Agreement for subsequent presentation
and vote on a future Board agenda.
PREPARED BY: Georgia Hiller, District 2 Commissioner Date: July 7. 2015
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.D.
7/7/2015 10.D.
Item Summary: Recommendation to amend the Interlocal Agreement between the Board
of County Commissioners and the Clerk of the Circuit Court to promote accountability and
transparency. (Commissioner Hiller)
Meeting Date: 7/7/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
6/30/2015 4:39:56 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
6/30/2015 4:39:57 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/30/2015 5:09:58 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/30/2015 5:54:51 PM
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7/7/2015 10.D.
CHRONOLOGY OF REQUESTS FOR DOCUMENTS BY COUNTY'S INDEPENDENT
AUDITORS
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September 9, 2008 Board of County Commissioners retains Rachlin LLC to perform a special
purpose audit on the spending of interest income by the Clerk.
September 11, 2008 Clerk's attorneys propose to take the deposition of the auditor.
September 11, 2008 Ted Tripp explains to Richard Brener that audit firm expert is
and not available for deposition in the on -going litigation.
September 15, 2008 Marta. Alfonso, CPA of Rachlin identified 13 types of documents
to be reviewed by the auditors.
September 16, 2008 County Attorney's Office transmits Rachlin request to Counsel fbr the
Clerk and informs Tom Grady that the auditors are scheduled to gq to the
Clerk's Office to review the documents on the morning of September 23,
2008.
September 17, 2008 Tom Grady questions whether the visit to the Clerk's Office has
scheduled and requests "coordination" with their office.
September 18, 2008 Leo Ochs sends letter to Brock and Kinzel notifying them that the
audit team would appear at the Office of the Clerk between 10:00
11:00 AM on Tuesday, September 23, 2008 to begin reviewing th
documents. Jacqueline Hubbard informs Richard Brener Florida';
Sunshine Law applies to auditor's request for documents.
September 19, 2008 Richard Brener informs County's Attorneys that he is working on the
logistics of the document production and again requests the deposition of
the auditor.
September 19, 2008
Richard Brener informs County's Attorneys that the Clerk will begin
pulling documents and suggests record review occur on east Coastof,
Florida where his office is located.
September 19, 2008
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Alfonso informs the County that audits are usually conducted in ark
operational environment, not after removal to an attorney's office. Her
engagement assumed unfettered access to public records as kept in normal
course. She opines this changes the engagement.
September 19, 2008
Tripp informs Brener of auditors' concerns.
September 19, 2008
Brener asks whether he should contact the auditors directly and asps for
copy of retainer agreement.
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September 23, 2008
Board of County Commissioners asked by County Manager to write a
letter to the Clerk stating the County's auditor will be at the Office; of the
Clerk to view public records next Monday at 11:00 AM. Commissioner
Henning agrees.
September 24, 2008
Commissioner Henning sends letter to the Clerk informing the Clerk the
auditors will be at the Clerk's Office at 11:00 AM, September 29, 2008.
September 14, 2008
Brener informs County's attorneys that he has instructed the Clerk'; s staff
not to speak to the auditors. j
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September 26, 2008
Brener informs County Attorney documents will be available for review
on Monday, September 29, 2008.
September 26, 2008
Auditors coordinate a meeting date of Tuesday morning at 10 AMA
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September 29, 2008
Brener states the Clerk's Office will fully cooperate with the auditors.
October 6, 2008
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Auditors report they reviewed approximately 25 boxes of documents and
marked what they wanted copied.
October 29, 2008 Auditors inquire to Richard Brener status of in response to their iequests
for copies and additional documents of the September visit to the Clerk's
Office. Brener responded to County's Counsel stating Brock Y�,111 have
staff copy as documents become available.
October 30, 2008 Letter from Marta Alfonso to Brock stating completion of the doccuments
requested for copying is uncertain. Auditor requested tb make
arrangements to begin their field work at Clerk's office on November 3,
2008.
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November 1, 2008 Marta Alfonso responds to Brock agreeing to focus on streamlUiing the
items need to be copied to avoid the continuation of copying. Auditors
requested copies because understood originally that they would not be able
to have access to the files other than by obtaining copies.
November 3, 2008 Brenner notifies Auditors the documents originally tagged are nearly all
copies.
November 3, 2008 Marta Alfonso responds to Brener stating she is confused as last week she
was told there were so many copies that needed to be completed.
November 3, 2008 Letter from Jacqueline Williams Hubbard to Thomas Grad yi stating
Florida's Public Records Law requires a prompt and unfetter review and
copying.
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November 3, 2008 Letter from Brener to Jacqueline Williams Hubbard responding to the
November 3, 2008 letter.
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November 3, 2008
Letter from Jacqueline Williams Hubbard to Thomas Grady stating Brock
does not have a right to insist on the County paying for copies before
auditors have had an opportunity to review the documents.
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November 4, 2008
Letter from Brener to Jacqueline Williams Hubbard responding to the
second November 3, 2008 letter stating thousands of documents were
reviewed by the Auditors and copied at their direction.
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November 4, 2008
Jacqueline Williams Hubbard request to speak with Marta Alfonso re:
November 4, 2008 letter from Brener to Jacqueline Williams Hub> ard.
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November 4, 2008
Jacqueline Williams Hubbard request to speak with Marta Alfonso and
request availability for the document review.
November 5, 2008
Jacqueline Williams Hubbard provides Auditor a copy of the letter to
Thomas Grady notifying him Auditors will be at the Clerk's office on
November 6, 2008.
November 5, 2008
Letter from Jacqueline Williams Hubbard to Auditor stating County made
a request to the Clerk to make the documents available for review and
outlined Florida's Public Records Laws requirements.
November 5, 2008
Letter from Jacqueline Williams Hubbard to Thomas R. Grady requesting
a list of the documents copied; number of pages; invoice; and date the
documents will be made available.
November 5, 2008
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Marta Alfonso responds to Jacqueline Williams Hubbard's November 5,
2008 letter indicating Clerk's staff met. Auditors with paper dips and
instructions with counsel supervising them. Auditors not allowed to speak
with anyone, questions had to be in writing and unaware they would have
to pay for copies.
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November 5, 2008
Jacqueline Williams Hubbard replies to Marta Alfonso stating they are not
expected to pay for costs associated with any copying. j
November 6, 2008
Marta Alfonso notifies Jacqueline Williams Hubbard at 9:15 am ;that she
arrived at Clerk's office at 8:30 a.m. and has not been given access to the
records. Unless access to source documents and general ledgers for the
period of time are made available, she cannot provide a forensbc report
without scope restrictions. She states she was treated as if sbe were
litigation counsel and had to tag discovery.
November 6, 2008
Jacqueline Williams Hubbard notifies Thomas R. Grady that auditors are
unable to complete as Clerk is not cooperating. Thomas R Grady
responds by stating Ms. Alfonso left because she was not allowed access
without a representative of the clerk's office being present.
November 6, 2008 Marta Alfonso offered to have Clerk's office inspect their luggage: Brock
confronted her about access time and an observer in the room. Marta
Alfonso declined to have a clerk staffer present during the examination.
Forensic examinations are not conducted in that fashion.
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November 12, 2008 Letter from Sue Barbiretti to Richard Brener indicating the 16,998 pages
were copied at a fee copy of $1.00 per page for a total of $16,998.00.
November 12, 2008 Memorandum from Jacqueline Williams Hubbard to Commissioners re:
December 1, 2008 Evidentiary Hearing.
November 13, 2008 Richard Brener forwards the Sue Barbiretti letter of November 12,!2008 to
Jacqueline Williams Hubbard and Theodore L. Tripp stating that upon
payment, the Clerk will forward the copies made so far.
November 13, 2008 Jeff Klatzkow suggest to Jacqueline Williams Hubbard, James Mudd, and
John Yonkosky of the possibility to get Board approval to take $1.p0 per
page to Court.
November 13, 2008 Memorandum from Jacqueline Williams Hubbard to Commissioners
regarding the lack of cooperation or adherence to Florida's Public # ecords
Law by the Clerk. The auditors state they were not permitted to review the
documents before tagging them for copying and were, therefore, forced to
have more documents copied than would have been necessary if the Clerk
had permitted their review.
November 17, 2008
John Yonkosky draft letter to Clerk regarding payment for copies.
November 17, 2008
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Nancy Bradley forwards John Yonkosky the November 13, 2008 later
from Sue Barbiretti.
November 17, 2008
Memorandum from Jacqueline Williams Hubbard to John Yonkosky
requesting a check payable to the Clerk of Courts for $2,548.20 at $.15 per
page for the copies.
November 18, 2008
Minutes of Presentation by Ms. Marta Alfonso, CPA, Rachlin LLP
Accountants before Board of County Commissioners.
December 1, 2008
Dwight Brock questioned regarding plain meaning of Fla. Stat. § 25.24
that County should not be charged anything for copies.
December 2, 2008
Letter from Marta Alfonso, CPA, Rachlin LLP Accountants to Janles
Mudd confirming receipt of Counsel of the Clerk of County's recent
correspondence regarding the condition in which the Clerk would the
2007 and 2008 forensic audit of Clerk's records to proceed. Given the
restrictions Rachlin is unable to conduct the forensic audit.
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November 24, 2008
Letter from Richard Brener to Jacqueline Williams Hubbard responding to
Hubbard's email to Tom Grady, dated November 21, 2008.
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November 26, 2008
Letter from Jacqueline Williams Hubbard to Thomas Grady and Richard
Brener reply to Brener's letter of November 24, 2004.
February 6, 2009
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Memorandum from Crystal K. Kinzel, Finance Director to John Yonkosky
forwarding the memorandum dated November 17, 2008 ;wherein
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Jacqueline Williams Hubbard requested a check of $2,548.20. Kinzel is
requesting a copy of a letter attached to the November 17, 2008
memorandum and states the Clerk's office will not release the documents
until the full balance of $14,448.30 is paid.
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DMRLOCAL AGREEMENT BETWEEN TM BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND 16,F '
THE CLERK OF THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA 9
This Agtecuma is made std entered into this 27th day of July - 20?0 . by and
between the Board of County Commissioners of Collier County, Florida, a political subdivision
Of the State of Florida (hereinafter refermd to as dX "Board) and the Cofer County Clerk of
the Circuit Cost (hereinafter referred to as the "Clerk ").
WHEREAS, the Board of County Commissioners is the legislative and governing body
of the County in accordance with Chapter 125, Florida Statutes and bas authority to enter into
this Agreement on behalf of the Board; and
WHEREAS, the Clerk is an indcpendem c mWft fiorad 'cctmty fee officer as defined by
Section 218.35 Florida Statutes, and will watinue to be a fee officer under this Agrearnent, and
has the authority to an into this Agreement on its behalf; and
WHEREAS, the Board and the Cleric desire to enter into as agreement for the provision
cons
Of'
titutional and statutorily required financial, accounting, investment. pre - auditing services,
and other mutually agreed upon services, and to take minutes of the meeting of the Board of
County Commissioners; and
WHEREAS, together. the Board and the Clerk may provide annual budgetary certainly
to both entities,
NOW, THEREFORE, in consideration of the fotegoing recitals and *e mutual
covnitants and promises hereinafter set fortis, the parties do hereby agree as follows:
Section L " INCORPORATION OF RECITALS
The recitals stated above are incorportted into this Agreement and made a part of this
ABwment as if fully set forth herein, The Parties have relied on these recitals as an inducement
to entering into this Agreement
Section IL SCOPE OF SERVICES
The Clerk will perform the constitutional and statutory duties of the Clerks office and
agrees to provide other services chat may be requested by the Board. These services and the
budget allocation associated with the Perf'ont>anee of said services ate specified in Exhibits "A"
and 'B" of this Agreement. The service levels reflected are those approved by the Board for
FYIQ/l 1. Additional services, if requested by the Board, may squire additional funding. The
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Cleric and the Igoaad further egnee to work is a 000paative rttatmer 0 develop Pees and 1
prooedUres that will fiteilihte the efficient and effective delivery of the services provided and to �
participate cooperatively In business process amMcragt exercises that may improve red
streamline these p wcossea.
Seddon M MANSION OR ELDAMATION OF SERWCB$ i
in the event that either
patty desires to materially alter the Scope of Seviou set Earth in . • i
Exhibit "A," both pa d= agar to negotiate in good faith a potemW anaaidment to this
Agreement. Any alteration or mnendment to this Agreement, shall not take effect unless reduced
to writing and duly executed by both parties.
Sectlaa IV. TERM
The initial term of this Agreement shalt be October 1, 2010 to September 30, 2011 and
shall reu mn in affect unless earlier terminated pursuant to the t=nigbon toms of Us
Agreement. After tiro excpimtion of the initial krm, and if this Agreement has not otherwise been
termineW as provided below, tine provisions of this Agieaaerrt, with the exception of Exhibit B
Proposed Funding Level, ahadl be automatically extended beginning on October 1, 2011 and on
each October 0 thesneaiter, subject to fu i tg appnwal by the Board, annually for a attcoanive
ON year term, unless either party provides the other party wab a written notice of mi m not tD
renew such Agreement no less than ninety (90 days) prior to the end of the initial term or any
subsequent one year team.
SWIM V. TERMINATION
Either path` may terminate this Aggreammt by giving the other party not less than 90 days
prior written noaoc of such intent to i=ioate, in which evert termination shell be effective on
September 30 of the then current teem, lids Agreement shall be subject to hnmediate
renegotiation should there be changes in Florida law related to the Clerk's duties to the Hoard or
change;: in statutory funding provisions in effect as of .duly 1, 2010, or If a reduction in Board
reventnrs results in the need for cuts to the Board's budptL
In the event of termination., after the effective date of termioation, the patties shall be
relieved of any Rather obligation to, and shall have no recourse against one another under this .
Agre mew except for (i) any' of this Agreement that occiared prior to the effective date of
inch tenaination, provided that the son- ciefauhing party has given written notice thereof to the
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other party prior to the effective dale of such teraduatiM and rd) Section MV Iodeamificat> f" 9
Any advance funding provided by the Board to the Clerk under this �i
Agreement that has not been
spent or obligated in the form of a contract or purchase order for goods or services received prior
to the efiaethve date of termination, ahahl be refunded to the Board within tidy (30) days
following the effective date of such terminshon. Soodd .•
P�� be termirmted as a recruit of
the termination of this Agm meat, any associated tamWdon beaeftti abibli:bAd by the Clerk's •:
benefits plan in effect on the date of notice of intemt to terminate thin AVaermeM (i.a sick leave
and vacation payout) or state or feda i ngnfmmm (Le. redrament, umemployrnew. or other
mandated benefrtc) for positions paid Under this Agreement or prorated portion of beneths for
alloc Wvd positions under this Agreement will be considered as fiords obligated prior to the
effective date of the termination. Should than be bond 'hcdeot advance funds to cover the fall,! `
cost of these tern hwion benefits, the Board will provide for the deficit to the limit of
liability incurred related to this action
Termination of this
. Agrxuerit shall not impact in any way the pairtip•
obligations that exist indepcaideat of this Agreement.
Tba grounds for tcradustion acid the remedies set forth In this pwagraph are inkuded to
be cumulative wltb those set forth in other paragraphs of this Amt, as well as others
available to the parties either at Jaw or in equity.
Section VI. PAYMENT FOR SERVICES
The Board agrees to fiuud the Clerk as Clair to the Board for services described in
Section L SCOPE OF SERVICES and at the lCMs aas fWther detailed in RAn'bits "A" and "B" of
this Agroement. This Agreement does not cover the charges the Board incurs for the coats of
verbatim reporting, minutes. and other services, if any, that the Board requests of and has
historically paid to, the Clerk (other than meetings of the Board of County Commissionets� The
Board acknowledges that it will eontimre to be respousilble for airy such charges in addition to the
amount set forth herein Costs for Board approved facilities and other statuwray required costs
will continue to be paid by the Board ;
After the first term of thus
- • , the Clerk shall provide an or bsfbre May l a of each
Yew of eaeb term of this agm ncnt, a proposed Harding level for Services to be
providesd to the •
Board, statutodhy required cosy, and other agreed upon costs for the upcoming fiscal year that is
M inconsistent with the budget gcudw= provided by the Board for its staff jmd operat OM
which amount shall be budgeted by rho Board, subject to reasonable review by the Board and ''
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contingent upon the availability and appropriation of rufficiam finds lawfully expendable by the F9 All
Board
I—YFu rcy vmuun- WOM be 10cauned for Boom review and funding consideration.
The Clerk shall utilize these funds for the purpose of providing those services specified in
the Scope of Services. Any use of these fwxL% outside that which is approved by the Bond as
part of this Agreement must be approved in advance by the Board and must be used to benefit or
provide service to the Board. Any of dow funds provided by the Board may not be used to hire
outside Legal counsel to engage in preparation for or litipfi► against the Board as the defendant
(with the exception of a writ of mandamus for public records) without the explicit approval of
the Board. A use of the fkm& provided to the Clak by the Board for my purpose outside the
Scope of Services shall be considered a material breach of die Agmement WA cause for
immediate termination. Provided, however, that the Clark is not precluded from the movement
of finids between m6wi=d line items at the Clerk's discretion.
During each year of each term of this Agreement, the Board will ford 2/12'k of
the
amount identified herein on each October 14 and I /11 a of the remaining amount on the furst day
of each month thereafter conuncocing on each November I't and ending on each September I
Ste&uVn. DISPVTEIMOLLMON
The parties shalt attempt to resolve any and all disputes arising out of this Agreement in
good faith and in accordance with this section.
Routinely identified issues will be reviewed by the aMop ate'Cleik staff and
Board staff and attempts made to resolve any issue. Either party, upon request, will provide
documents necessary for review of any issues in dispute. Should any item not be mutually
resolved, the appropriate Clerk staff and Board deparanent heads AW1 meet at the earliest
opportunity, but in any event no later than 30 days from the date the Dispute Notice is received
to discuss and resolve the dispute, If the dispute is resolved to the mutual satisfaction of both,
the department heads shall report their decision, in writing, to
the County Manager and the Clerk
of the Court.
If the department heads are unable to reconcile the dispute, they SW report their impasse'
to the County Manager and the Clerk of the Court, who shall then convent a meeting at thei r • . . . . . . .
earliest convenience, but in any event no law than 30 days following notice of impasse to
attempt to reconcile the dispute.
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If a dispute is not reaolvod by the foregoing steps within 30
days of the mewing between r'
the Cormty Manager and Clerk of the C..t. the County Manages will place the item on the
Board of Coaarty COWWWOnoa' Agenda for dim with the Clerk.
Serden VU ASSIGNMENT f'
•;r '
Neither party may assign any Portion of this Agreement witboat the prior written consent
If the other party. Any abignmog contrary to the provisions of this '
Wray be deemed a
default of the Ag marnent and, at the option of the ter- defaulting party, dan not convey any
ripen to the a$aigree. I1:�
Section DL COAAFIJ MCE WITH APPLICABLE LAW 11
In providing the Scope of Services and otberwise
Mr
jdog out its obligat ons j
Under this Agreement. the Clerk and the Board shall comply with a1! applicaWe haw. j.
Sectim X NUN - WAIVER
Falhum to auto= or insist upon' comomce of any of the teem •or condiiions of this
AVeame rt or fajhure to give notice or declare Ws AFftment terminated shell not e a
gm=W waiver or relinquish raeA- of same, or of any other terms, c tioml or sots; but the same
"I be and remain at all timea in furl (once and of em
Section XI ' NOTICE
If written notice is required in this Agrecnent, such notice shall be given by band- ,
deliveY. recognized overnight delivery service, or by first cirri mail. ra&WW and return
receipt requested to tie Board as follows:
County Manager,
33 DI Tanuami Trail, Fast
Harmon Tumor Building, 2nd Floor
Napier. Florida 341 12
and to the Clerk as foil
ows:
Clerk of the Court
Courthouse Annex — 281 Floor
3301 Tamiami Trail Fast
Naples. FL 34112
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is
I,—,-
Sadw XIL FORCE MAJEURIC 16F9
A party's timely pG&MUM of its OW*Wcm *WW this AFmmei4 unify to the eatosurt it it
is specifically dfmed thereby, shelf be suspended, without Wdun of any performance bond
or the incurring of any financial liability, who and only for as long as performance of Mich
obligstim is pav by reasons of my of the following case:: 0) ads of God. incloft
without limitation, severe weather events, (ii) operation of law. and (iff) my other event beyond
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the reasomble control of the party whose petfarosance is affected. to the extent not caused by
such party's willfol or negligent ads or amlissions, except in fimm cases whom that party could
have rcesorobly fiwcwcn and reasonably - avoided that occurrence, The party affected by any
such event shall give written notice to the other party as soon as practical W*Wr it becomes swore
of such event and, to the extent practical, shell qxdty the anticipated length in delay. The
affbated party shall use reasonable draft to minimin the hoped of dw de* on dw party's
perfmunct. Neither par by such
rty shall be liable to the other pod for damages caused ev=tL
Section XIIL CHOICE OF LAW, VENUE, AND SEVERABIUTY
This Agreement snail be cmArued. and interpreted to aspy do with Florida law.
Venue for any actions brought in relation to this Aptuncut (to The extent not subject to Secdoe
VII of this Agreement pertaftft to dispute resolution) "I be in a court of oornpetent
jwbdkdm in Collier County, Florida. If my provi" of this Apvcment Is subsequently bald
invalid, the remaining provisions shell continue In effeeL
See"R)ay. Indemnification
Each peaty agrees to Indemnify, defend and hold hetm]ess the other party, its officials,
officers and employees, from and spine all liabilities, damages, costs and exposes, including
but not limited to a reasonable attorneys fees, to the extent the am are cause by the negligent
or wrongful sea or omissions of the indemnifying party, or its oftleW officers, or employees,
In the perfornuum of the AgramenL The liability of each party, as mg forth in this Paragraph,
is intended to be consistent with limitations of Florida law, including the Stag's waiver of
sovereign immunity pursuant to Section 768,28. Florida Statutes. No obligation imposed by this
PWSWBPb WWI be deemed to after add waiver or to I- n I the liability of a party beyond such
limits, nor shall any such obligation be deemed construed as a waiver of any defense of
sovereign immunity to which the hx1emnifying party may be entide&
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IN WITNESS WMMWF, the parties hum have canaed d& Agreamtt to F
acecuted by their appmpriate official:, as of the date brit Am written.
CO CLERK OF COURT
Wham: By:
t; 42 MCA —
ATTEST: ' . ';` � R5• • �r '9 HOARD OP COUNTY COMMISSIONERS
D CrH7. $IC K. _C _ COLLIER C UN7Y,)FLaORIDA
y rr/ 4 • fir.. �� ��I • •' I..
IM • , 13 Frcd Coyle, CHAIRMAN .. • .
as aDQ WON:
t
J udi Hubbard, A t
ty Attaroay
Cztr
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i�tlnlbk At Scone of Sepias . 1 6 l- 9
Genes! Accounting: 7
Maittte»tunoe of general lsdgens, fwds end aaa; prepaatiati of trial balance, balance
sheet, staternent of cash flows and acpernse and revenue aufeaneurs and other required m eddy,
quarterly =&or crust financial reports; recanclk bank accounts; maintain schedules of fixed
assess snd coordiiaate annual physical imroatory. Prepare the anneal Comprehensive Annual
Financial Report (CAFR) and associated filings.
Managenwt Reporting:
Tlne Clerk will prepare various nnanagetnent reports in accordance with $tote and local
laws and ordinances and a: reasonably mWcstad by the Board. Examples of such include CRA
reports mad utility financial stateau mts.
Acewft Payable:
Process properly approved requests for payments according to generally accepted
accounting principles and in accordance with law and On lawfid processes and procedures
adopted by the Board. Prepare and distribute psymertts, by chock, electronic transfera,
purchasing card; maintain General and Subsidiary payable ledgers; aapornd to vendor requests
for paymcnt Wormation and history in accordance with applicable laws of Florida and the lawful
processa and prooWures adopted by the Board; prepare and timely distribute 1094 tax forms,
and any other required Federal and State forms or reports regarding payments to vendors for
accounts payable.
Cask Managesaaat and Accounts Receivable:
Reconcile and post cub receW, prepare and disbribute bills and imroiea for services
rendered by the Board in accordance with goocrally accgywd accounting principles and the
lawful processes and procoduecs adopted by the Board. To ensure the Clerk's compliance with
all applicable laws, the Board will timely approve interagency bruins, deposit finds received
within seven (7) days, and provide access to necessary transactional details.
Fayraq Proparatiou and Distribution:
Prepare payroll checks and vouchers in accordance with Otimaily accepted accounting
Pri Plc and the lawful processes and procedures adopted by the Board; prepare off-cycle
payroll checks and vouchers as requested by the Board (the Board will endeavor to limit such
requests so as not to unreasonably disrupt operations); prepare and submit monthly, quarterly, or
as otherwise required, state and federal payroll reports; ensure distribution of payroll deductions,
garnishments, taxes and withholdings, and payment of payroll tares; prepare and distribute end
of year payroll reports, statements of earnings and W -2 forms; provide copies of payroll checks,
vouchers or W -2 forms as required by law and requested by than Board.
The Board will coonlinate with the Clerk's staff as early in the process as possible to
ensure appropriais time is allocated to implement fond 'initialed ebsn;es to payroll prooaasing.
All changes will follow appropriate to ag and system change protocols. Board staff' will be
available for such testing and training as is necessary to implement ehaages.
Debt Mastageweut;
The Clerk is responsible for debt maxi ernent In aeco anoa with the lawdrl djection of
the Board and arbitrage calculations.
.t
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it
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7/7/2015 10. D.
i
16Fg.
.. �avastaseat Manageaheat:
Manage the imreatment of Board funds in accordance with Florida Statute and the Board
of County CommissioMra' lawibl adopted Mvest went policy using best prachoes and fmancts
: advice. The Clair will continue to provide a monthly summary of Wva umn on the Clerk's
webaite for public access, Additionally. rho Clerk will provide an Wdete as to the status of the
Board's investmecu portfolio on a gnarteriy basis or as necessary at a publicly noticed Board of 1'
County Commissioners meeting. .
Maasgan>ent and Maintenance of ERP Sy#enr
Manage and maintain the hardware; soflavare, software licenses and related equipment
and services required a operate the BOUdes Enterprise Resource Planning (ERP) systems wide a
high degree of reliability (100% availability tinder normal conditions during regular work hours,
down time for maintenance must be wm&mftd with the Board in accordance with the lawful
direction and strategy of the Boats• and coordinated with the Clerk; apply patches and
: whrmcemtent packs and test same; develop and implement appropm% system backup j
pmoeduces; and cross -gain Board staff to provide backup and additional mu
wL .
: Mlnntes mad Records:
F.awre the taking of minutes of public meedap in accordance with the direction of the
Board, in the form and format directed by the Board, and in Compliance with State law and as
additionally requested and handed by the Board; mmna and maintain said minutes in
accordance with the direction of the Hoard and in compiisnee with State law.
Value Adjustment Board:
Serve as clerk to the Value'Adjustaremt goad perfannimg or providing such services I
ueoeaesry for said Board to perform its statutory requiaemeats
including taking mmutes and
mhediatiohh services.
Fartenud Auditing Services:
Manage and coordinate the aocternal audit services (Comptchensive Annual Financial
Report {CAFR), Single Audit, and Agreed Upon Proccdus+ea Audits, where appropriate).
Additional services as may be mutually agreed upon. :.
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7/7/2015 10. D.
10
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22
Packet Page -528-
7/7/2015 10.D.
ORDINANCE NO. 2015 -
AN ORDINANCE AMENDING ORDINANCE 2013 -69, KNOWN AS THE COLLIER
COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY AMENDING SECTION
THREE, APPLICABILITY; SECTION FIVE, ESTABLISHMENT OF PURCHASING
DEPARTMENT AND PURCHASING DIRECTOR; SECTION SEVEN, PURCHASES IN
GENERAL, SECTION EIGHT, INFORMAL COMPETITION (PURCHASES
EXCEEDING $3,000 BUT NOT GREATER THAN $50,000); SECTION FIFTEEN,
PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY
CONTRACTS; SECTION SIXTEEN, PAYMENT OF INVOICES; SECTION EIGHTEEN,
STANDARDIZATION, COOPERATIVE PURCHASING AGREEMENTS AND
GOVERNMENT CONTRACTS; SECTION NINETEEN, CONTRACT
ADMINISTRATION; SECTION TWENTY - SEVEN, PURCHASING CARD PROGRAM;
AND LASTLY PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO
THE CODE OF LAWS AND ORDINANCES, AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (the Board) desires to seek the maximum
value for the County by procuring the best value in obtaining commodities and contractual services;
and
WHEREAS, to better effectuate this desire, on December 10th, 2013, the Board adopted
Ordinance No. 2013 -69, known as the Collier County 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.
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7/7/2015 10.D.
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 formal competitive threshold, the Board delegates to the County Manager or
designee the authority to carry out the administrative and ministerial actions necessary to effectuate
the Board's action, including but not limited to the subsequent issuance of Work or Purchase Orders.
SECTION 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.
2
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7/7/2015 10.D.
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 Uniform 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
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7/7/2015 10.D.
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 mean 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
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Renewal shall mean contracting with the same contractor for an additional contract term,
only if pursuant to contract terms 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 conforms 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 term contract, and all work done must fall within the scope and
term of the underlying agreement.
SECTION FIVE: Establishment of Procurement Services Division and Procurement
Services Director.
1. There is hereby established the Collier County Procurement Services Division, which shall
be a distinct administrative department under the direction of the County Manager.
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
i". 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
Packet Page -533-
7/7/2015 10.D.
Commissioners as the governing body of the County pursuant to Fla. Const. Art. VIII, § l (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:
1. Seeking Maximum Value: Acting to procure for the County the highest quality
commodities and contractual services at least expense to the County.
2. Encouraging competition: Endeavoring to obtain as full and open competition as
possible on all purchases, services and sales.
3. Procurement Analysis: Keeping informed of current developments in the field of n
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
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7/7/2015 10. D.
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: Informal Competition (Purchases Exceeding $3,000 but Not Greater Than
$50,000).
A purchase shall not be artificially divided or split so as to qualify under this or any other
section of this 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.
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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.
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n B. The requirement for formal competition may be waived by the Board of County
Commissioners where permitted by law, under the following circumstances:
1. Purchase of library books, education and /or personnel tests, similar audio visual
materials, periodicals, printed library cards, or other statutorily authorized exceptions.
2. Sole source purchases or single source purchases (pursuant to subsection D).
3. Valid public emergencies (pursuant to Section 25).
4. Where it is determined to be in the best interests of the County to do so.
C. All purchases subject to formal competition shall be awarded by the Board of County
Commissioners.
D. Exemption For Single Source Commodities: Purchases of commodities and services from a
single source may be exempted by the Board of County Commissioners from formal competition
upon certification by the Procurement Services Director of one the following conditions:
1. The item(s) is the only one available that can properly perform the intended
function(s);
2. The recommended vendor /contractor is the only one ready, willing and able to meet
the County's requirements; or
3. The requested exemption is in the County's best interest.
E. Use of Past Performance 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:
1. 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
Zn
the County pursuant to the procedures established in subsection 9.E. l a.
b. Considering the past performance of vendors during the evaluation of bids and
proposals pursuant to the procedures established in subsection 9.E.1b.
111"N 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
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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 Inviting 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 10_1�1
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
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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:
1. 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 determine 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
n 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. Resection of Bids and Negotiation:
1. 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.
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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:
1. The ability, capacity and skill of the bidder to perform the contract.
2. The ability of the bidder to perform the contract within the time required or the least
time, if appropriate, without delay or interference.
3. The experience and efficiency of the bidder.
4. The quality and performance of previous contracts awarded to the bidder.
5. The previous and existing compliance by the bidder with laws and ordinances relating
to the proposed contract.
6. The quality, availability and adaptability of the commodities or contractual services to
the particular use required.
7. The ability of the bidder to provide future maintenance and service (where
applicable).
8. Prior litigation or administrative proceedings against the County where the bidder or
the bidder's principal was a party.
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 firm 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 r
$200,000; or for work of a specified nature as outlined in the contract required by the
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County, with the contract being for a fixed term or with no time limitation, except that the
contract must provide a termination clause.
3. Ranking of firms. The County, through the competitive proposal process, shall make a
finding that the firm or individual to be employed is duly qualified to render the required
service. The evaluation committee shall review statements of qualifications and performance
data submitted in response to the public solicitation and shall select, in order of preference,
no fewer than three firms deemed to be the most highly qualified, if at least three firms
respond to the solicitation. If less than three firms respond, and after meeting due diligence, it
is decided by the 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 firm's understanding of the project, ability to provide required services
within the schedule and budget, qualifications and approach to the project.
6. Contract negotiations. The ranking of firms for all CCNA contracts shall be
presented to the Board of County Commissioners for consideration and approval. Upon
Board approval of firm rankings, staff shall negotiate a contract with the most qualified firm
(number one ranked firm) for professional services for compensation which is deemed to be
fair and reasonable. Detailed discussions must be held by the firm and the County to establish
the scope of the project and the exact services to be performed by the firm. Should the
County and the firm fail to agree upon the terms of an acceptable contract, negotiations with
the top firm shall be terminated and negotiations with the second ranked firm shall
commence. If again unsuccessful, the process is repeated with the next ranked firm. This
process is continued until a mutually agreeable contract is concluded or the project is
abandoned, or the procurement process is otherwise terminated.
B. Other Professional Services. Because differences in price may only be a minor concern
compared to qualitative considerations, professional services that fall outside the scope of the CCNA
except as otherwise provided by law and outlined below, may be exempted by the Procurement
Services Director from the competitive bidding process. Instead, professional services will be
typically acquired through one of the following methods:
^. 1. Competitive Selection and Negotiation as set forth immediately above; or
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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 n
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:
1. Where qualitative considerations are of equal or greater concern than pricing
considerations.
2. Where the conditions of the purchase do not lend themselves to the formal sealed bid
process or the award of a firm, fixed fee contract.
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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:
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 firm 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.
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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 ()VBEs) 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:
1. 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.
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n
C. Conformity with Applicable Law: The
conformity with applicable state and federal law.
law, federal law shall supersede such state law.
7/7/2015 10.D.
provisions of this section shall be construed in
To the extent that state law conflicts with federal
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 - permanent structure such as a construction trailer,
storage shed, or other non - permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the economic development and well-
being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, support and increase to
the County's tax base, and residency of employees and principals of the business within
Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business"
under this section. A vendor who misrepresents the Local Preference status of its firm in a
proposal or bid submitted to the County will lose the privilege to claim Local Preference
status for a period of up to one year.
(2) Preference in purchase of commodities and services by means of competitive bid, request
for proposals, qualifications or other submittals and competitive negotiation and
selection. Under any such applicable solicitation, bidders /proposers desiring to receive
local preference will be invited and required to affirmatively state and provide
documentation as set forth in the solicitation in support of their status as a local business.
Any bidder /proposer who fails to submit sufficient documentation with their bid /proposal
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to
the contrary, Collier County and its agencies and instrumentalities, will give preference to
local businesses in the following manner:
(a) Competitive bid (local price match option). Each formal competitive bid solicitation
shall clearly identify how the price order of the bids received will be evaluated and
determined. When a qualified and responsive, non -local business submits the lowest
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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 (1) 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 determine 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
11) 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 1 l B.2 (which are
subject to Section 287.055, F.S.) and subsection 11B.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.
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(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 govermnent wherein the preferences of this section may be extended and made
available to vendors that have a valid occupational license issued by that specific local
government to do business in that local government that authorizes the vendor to provide the
commodities and services to be purchased, and a physical business address located within the
limits of that local government. Post Office Boxes are not verifiable and shall not be used for
the purpose of establishing said physical address. In addition to the foregoing, a vendor shall
not be considered a "Local business" unless it contributes to the economic development and
well -being of the said local government whichever is applicable, in a verifiable and measurable
way. This may include, but not be limited to, the retention and expansion of employment
opportunities, the support and increase to that local government's tax base, and residency of
employees and principals of the business located within the limits of that local government.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting
their bid or proposal to be eligible for consideration as a "local business" under this section. In
no event shall the amount of the preference accorded other local government firms exceed the
amount of preference that such local government extends to Collier County firms competing
for its contracts.
(6) 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
n 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:
1. The purchase of commodities and services;
2. The purchase or lease of personal property;
3. The lease of real property.
B. The County Manager shall establish and maintain procedures that authorize minor payment
variances between the purchase order and invoice where warranted. The authority to pay such
variances shall not exceed 5% of the purchase order amount or $500, whichever is less.
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
n $500.
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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:
1. Formally defining the County's requirements for the content and submission of a
proper invoice, codifying the County's payment requirements and notifying each
vendor of their availability.
2. Steps required for the receipt of all invoices and the prompt return of improper
invoices.
3. Steps required for the resolution of payment disputes between the County and a
vendor.
E. 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.
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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.
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 terminate in its entirety a Board - approved purchase or contract must
be approved by the Board of County Commissioners prior to its termination.
Modifications to Work Orders, Change Orders, and Amendments issued under a purchase
order or contract that exceed ten (10 %) of the current Board approved aggregate amount , or
twenty percent (20 %) of the current Board approved number of days; must be approved by
the Board.
n 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
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amount, or twenty percent (20 %) of the current Board approved number of days; will be
reported on the Procurement Services Administrative Ratification Report and presented to
the Board for approval.
3. Modifications to Board approved purchases or contracts by the issuances of the following,
but not limited to, direct material purchases, notices to proceed or non - compliance, stop work
notices, authorization for the use of approved allowances and re- allocation of funds between
line items, supplemental agreements, and changes by letter may be authorized and executed
by the Procurement Services Director without further approval by the Board.
4. All material changes in scope of contracts must be approved by the Board in advance.
5. Sections one (1) through three (3) shall not be applicable to term contracts or blanket
purchase orders where the County desires to procure commodities and/or services on an as
needed basis without having to obligate itself to a total contract amount. Rather, such
purchases shall be based on fixed unit prices or other predetermined pricing methods and
shall be limited in quantity by the amount of funds appropriated in the budget of the
operating Division(s). Such purchases shall be subject to all other provisions of this
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 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. �.
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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
n Commissioners shall approve all assignments of contracts requested by the predecessor contracting
party.
Authority Limitation and Delegation: Promulgation of Procedures:
The Procurement Services Director may delegate to one or more Procurement Services Division
employees any or all aspects of the authority vested in the Procurement Services Director.
All authority to execute documents that is vested pursuant to this Section 19 in the Procurement
Services Director or any other person shall be subject to the limits of any applicable federal, state or
other law.
J. Payments to Contractors, Vendors and Consultants:
Prior to the execution of a formal contract subject to this Procurement Ordinance, the Procurement
Services Director shall establish a formal payment schedule and payment tenns 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:
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1. That the term "cumulative retainage" is defined to mean "the dollar total of the funds
retained from all payments issued under the contract divided by the gross dollar total
of all monthly pay requests (or the total of all payment amounts deemed allowable by
the project manager, whichever is less)."
2. That any decision to reduce retainage shall be formally communicated in a letter to
the Contractor's representative and that the letter affirmatively states that the
Contractor has performed the contract work in a satisfactory manner.
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:
1. The contractor has performed in a satisfactory manner to date as verified in writing by
the Project Manager.
2. The total aggregate work under the agreement is at least 50% completed and accepted n
(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.
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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 party shall file a notice of intent to protest within three (3) days, excluding
weekends and County holidays, after the first publication, whether by posting or formal
advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the
date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall
contain all of the information required for formal protests of recommended contract awards as set
forth under subsection C. The Procurement Services Director shall render a decision on the formal
protest and determine 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:
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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.
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.
n
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 determination on the record that the award of a
contract without delay is in the best interests of the County. During this process, the protesting party
shall 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
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. 10-11,
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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 party's appeal shall be submitted to the Board for its consideration as part of a final
award decision. Nothing herein shall be construed as creating a right of judicial review of the
Hearing Officer's decision, nor shall such decision be binding upon the Board. Additionally, nothing
herein shall be construed as limiting the Board's right to reject any and all bids or proposals.
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.
I. 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
111—N pay the filing fee shall result in the denial of the protest. The amount of the filing fee shall be as
follows:
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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.
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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. Testin : 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: imit: 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
n 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
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the vendor with the appropriate tax exemption information when the card is presented the cardholder
may be responsible for payment of the tax.
It is the position of the Board that it is not cost effective or in the public interest to require a
cardholder to seek a credit for sales tax collected when the total sale does not exceed $300. In the
event that the total sale exceeds $300, the cardholder's Director is responsible to ensure the tax is
returned to the County for the purchase.
In all such instances, the Procurement Services Director shall ensure that the purchase has been
approved subject to all other provisions of this policy. All fixed assets purchased using a purchasing
card shall be properly reported to the Fixed Assets Section of the Clerk of Courts Finance Division
so that it can be properly recorded.
SECTION TWENTY - EIGHT: 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.
2. Civil Judgment refers to a judgment or finding of a civil offense by any court of
competent jurisdiction.
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,
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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.
n 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 debarment as set forth herein. If a suspension
precedes a debarment, the suspension period shall be considered in detennining the debarment
period. The suspension period shall not exceed three months without the approval of the County
Manager.
C. Debannent:
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.
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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.
i. Debarment of the contractor by another public agency.
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 debarment 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.
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
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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 determine the period of
recommended suspension or debarment on the basis of the undisputed
material information set forth or referenced in the complaint, the contractor's
reply and the parameters set forth in this section. In the event that the
Contractor objects to the 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.
e. 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
286.011 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
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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 debarment, 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 n
committee. Should the County Manager overturn the committee's decision; the
County Manager shall formally cite the reasons for doing so.
Final recommendation for debarment shall be approved by the Board.
3. Debarment Period:
a. The committee shall recommend the period of debarment. The debarment
period shall be commensurate with the severity of the cause(s) and approved
by the Board.
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:
1) 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.
n
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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 Debarment:
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.
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 agreement with a
contractor. However, the contract manager may, with Board approval, permit
completion of an open contract(s) provided that the debarred contractor has
performed in a satisfactory manner to date under the open contract(s) unless
otherwise directed by the 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.
b. 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.
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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 debarment decision is
limited by its terms to specific divisions, organizational elements or
commodity /services. The committee's decision includes any existing affiliates of the
contractor if they are specifically named and are given written notice of the proposed
debarment and an opportunity to respond. Future affiliates of the contractor are
subject to the pre- existing terms of the committee's decision.
SECTION THIRTY: 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 n
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:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: n
TIM NANCE, CHAIRMAN
36
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Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
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EXECUTIVE SUMMARY
APPROVAL OF REVISED BUDGET AMENDMENT POLICY
OBJECTIVE: To determine the budget amendment policy that will allow the Board of County Commissi
and the Countv Manager to manage the County's budget in the most cost - effective and efficient manner.
CONSIDERATION,: To most effectively use the skills available in the Office of Management and Budget
(OMB), staff members have been performing management analysis projects during the off - season. One oft e
assigned projects was an evaluation of the existing budget amendment policy. This was an apptiopriatc prof ct
given the volume of budget amendments processed annually and the time associated with their rieview and
processing. The last change to the current budget amendment policy was made on April 17-1990.
A matrix on the foltowingpace summarize; the Cun-eni and Proposed Budget Amendment App<•oval Autho ity
required for budget amendments of varying dollar amount and type. The staff recommendation! contained i
this Executive Summary and staff report were reviewed and approved by the County Attorney's Office and e
Countv's Finance Director. Also attached is the OMB staff report recommending_ revisions to tt e current b Let
amendment police. .A summary of all budget amendments previously approved on the budget amendment r port
that �� ill now be approved administratively by the County Manager will be available to the Board to review-
order to maintain appropriate checks and balances.
GROWTH MANAGEMENT IMPACT: There is no Rrowth management impact associated witl this
Executive Summary.
1
FISCAL IMPACT.- Thcre should be sonic fiscal savings but it i� indeterminate what that amount will be c
the fact that the number of budget amendments varies from year to year. Examples of how the savings \ ou
obtained are listed below.
• Routine items could be removed from the weekly agenda and costs associated with preparing and printer
week-1v agenda would be reduced. Processing time for these budget amendments will be improved by u
eeks.
• Budget amendments that recognize Lrants, donations, contributions, or insurance proceeds citn-ently
approved at public hearings no\� be approved by resolution, resultino in decreased ad .ienising co
RECOMMENDATION: That the Board make the followirttr changes to the budget amendment policy:
• Grant the County Manager administative authority to approve routine budget amendments u to $50.00(
Within the same fund and division and not impacting reserves. Routine budget amendmentslup to $50.0
that cross divisional lines in the same fund will still require approval on the Budget Amendment Report
• Approve reserve reductions up to $25.000 on the budget amendment report.
• .Approve decreases to reserves in excess of $25,000 by Executive_ Summary.
•. Approve budget amendments recognizing grants, donations, contributions, or insurance proceeds by
Resolution, in accordance with Florida Statutes,
SUBMITTED BY:�'
Randy i'!'M, Gald ; Office of ManaLement and Budget
REVIEWED BY: _� _ �� Date:.
Michael Smykawski, Budget Director
`... AGENDA ITEM
APPROVED B Date: No..__S- T �'.t:
Co Thomas 011iff, anager.
- �tOY S 4 2t�OQ
=g. I
Packet Page -566-
to
be
the
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Matrix of Current and Proposed Budget Amendment Approval Authority;
Current Budget
Current JJ
Proposed f
!
Amendment Types. j
A )royal Authority 4
Approval Authority I
Resolution 86 -8.
• Less than $3.500 and not
Count, Manac,
y
County Vlana��er or
impacting reserves or I
designee.
recognizing revenue.
Budget Amendment Report
• Decrease to reserves of
BCC via BudE-,et
BCC via Budget i
510,000 or less.
Amendment Report.
Amendment Report.
i
• Budget amendments of
BCC via Budget
Appro\•ul authority
S50.000 or less within same
Amendment Report.
I delc�_ated to the County ;I
fund and division•
I Commissioners via
ana <Uer or desisne -c.
I.
i
• Budget amendments of
BCC via Bud�zet
BCC via Bud2ct
I j
S50.O00 or less within same
Amendment Report.
P
:\rnendment Repot, .
fund but different division.
Esecuth e Sumntary
Board of County;
than 550,000 (including
• D,�crcuse to rescr\es in excess I
i3oaru of t✓ounty 1 • uccrease to reser\;es —
S25.000.
of 510.000.
Commissioners viu (•SI to.
Executive Summary. I Board of County
i
Commissioners via
Budget Amendment
Report.
• Decrease to reserves —
t
i (in excess of $25,000).
Board of County;
1
I Commissioners via
1
Executive Summary.
jjj
• Budget amendments 11reatct-
Board Of Count},
Board of County;
than 550,000 (including
Commissioners via
Commissioners via
increases to capital projects).
Executive Summary.
Executive Summary.
• New positions and/or ne\�
Board of County
j Board of County';
services.
Commissioners via
Commissioners vin
Executive Summary
Executive Summary
• Appropriate rever ue from
Board of County
Board of County'
l grants, donations or
Commissioners.
Commissionets
contributions; or insurance
" Currently also via
'`Also via separate
proceeds
public hearing
Resolution.
• Appropriate unanticipated
*Board of County
"Board of -County;
revenrte *.
Commissioners via
Commissioners. AG
Ni7A
!vf
ublic hearing.
hearing
NOV 1 4
000
P8•�:_
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i
COLLIER COUNTY GOVERNMENT
BUDGET AMENDMENT POLICY REVISION REPORT
i
Submitted: September 29, 2000
Prepared By: Randy GrOenwald, Bubget/Managemeit Anaiyst 11
Approved By: Michael Srnykowski, Budges Director
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7/7/2015 10.D.
BUDGET A.%II,-.NI)MErNT POLICY REVISION
Proiect Goal:
To determine the appropriate budget amendment policy which will allow the Board of
Couniv Commissioners and the Counts Muna firer to manage the County's hudget in the
most cost - effective and efficient manner.
Current Budget Amendment 1'olicv..
The ,Board of COUniv Commissioners adopted the current hudget amendment policy on
Mar; h lt). 19S5. The pulley was amended on J:unuar\ ? 1. 1956 reflecting. approval of
Rrsa.luOOII F(} -S. The final Folic} revision waS approved on ?,pril 17. 1990 Lind changed!
the reCIMICment for an Executive Summary when withdI'LMM E rescr\e funds from
5'�.f7t1(1 to 510.000. Polio• highlights are summarized hclo\�
An esrrutivc aumm:u•v is requited for.
• .an increase in the total revenues cif a fund in an am0LInt over a 0.000 unless the
additional revenues will he placed in a resenc account. I
• An increase in a Capital prC�ject ovcr 550,000.
• Withdrawals from reserves in cxcess of 510,000.
• Reor ,anizatiotu. reclassification,. and other increases in an oraunization in an amoutht
over 525.000
• Requests pt)sitions. Such requests will he accompanied b} an estimate ol'the
total cost including fringe benefits and associated operating. expenses.
services and other issues discussed by the Board. \rhich will h:M a bUdgct
impact. over S25-000 and will include an estimate of the t, .. l cost.
• All bud'•eramendments in amounts of less than $2,500 except for reductions to I
reserves require only the approval of the County Manager. Reductions to reserves
rceluire Board approval regardless of amount. (Resolution 86 -5)
• If the actual cost of any of these items is greater than the estimate by more than ?0 (.c
the Board of County Commissioners will be notified before a budget amendment is j
i
Sources of Information:
The information used for this Study .k.as gathered through di.,.•ussions with various
members of the count- staff and from the 1999 Florida Statutes (Title XI, Chapter 12. 9.06
F_xecution and amendment of budget).
Additionally, five counties were surveyed to determine what.r pes of budget amendment'!,.
policies yvere in use in counties similar to Collier County. Thf: live - ountles were
Alachua. Charlotte. Lee. ,Manav_e. and Sarasota; j .AGENDA !T
2
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Statutory' Guidelines
The Florida Statutes (Title XI, Chapter 129.06.2) does allow approval of certain budget,;
amendments by someone other than the Board - It states that "The board of county
commissioners. however, may establish procedures by which a designated budget . officelr
may authorize certain intradepartmental budget amendments, provided that the total
appropriation of the department may not be changed ". It is important to note that no
monetary limits are stipulated and it is at the discretion of the Board to determine
those limits,
Florida Statutes 129.06(2)(d). 129.06(2)(e), and 129.06(2)(1') further authorizes (lie Board
to amend the bud�Let as follows:
i
'-.A receipt Of a nature from a source not anticipated in the budget. �
included but not hmItLd to grants. donations. Rifts. or
r�Imbua->Cments for damaLes, may. by resolution of the board
spread on its minutes.' he appropriated and expended for that
}?u17�c�sc, in addition to the appropriations and expenditures
hrcMded for in the budget. SUCK I- CCeipts and appropri Lit ions
must be added to the budget of the prop-Ir fund. The resolution
mtv amend the budget to transfer revenue bct\ +ecri funds to
hroperiv account for unanticipated revcnue."
"Increased receipts for enterprise or proprietary funds received
tier a p ;trtit:ular purpose may. hN resolution of the board spread on
its minutes, he appropriated Lind expended for that purpose, in
addition to the appropriations and expenditures provided for in
the budnet. The resolution may amend the budQCt to transfer
revenue between fund . to properly account for increased
receipts."
"If an amendment to a budget is required for a purpose not
specilicatl% authorized in paragaphs (a) - (e). unless othen Ise
prohibited by law, the amendment may be authorized by
resolution or ordinance of the board of county commissioners
adopted following a public heatina."
Survec Results from Similar Counties
The budget amendment policies varied considerably amon -g. the counties surveyed, Four!
of the five counties surveyed grant some degree of approval authority to the County I
Nfanagcr'or the *Budae.t Director. Resufrs of this survey are summarized in the following
tab e and»arrativc
A4 - -NDp. }TE
NOV
: 2DQEE
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7/7/2015 10. D.
County
Delegate Some Authorih
to OMB Director
Delegate Some Authoriti*
to County Manager
Alachua
7ti
X
Charlotte
X*
L.ee
t
Manatee
I X
j Sarasota
-
"Require" ;uh,eyurnt rr •iew and ippru� al b� Charlotte Bf'C.
i
The. Board of .County C'omi-tissioners must approve all budget amendments in Sarasota
County, there 11 no delCU'ated authority to either the Budget Director or the Ci)tlntV
�4anuge1'.
Charlotte County allo�k s the Count\- Manager to approve any inuadepixLmental
amendments up to 510.000. but the Limendmems are subsequently reviewed and ratiticd I
bv the Board of County Commissioners.
i
AfaChua. \lanatce .utd ? ec cuuntics delegate certain authority to the Budget Director.. In
these counties. the Budget Director is authorized w approve all budaei amendments
nithin the same expenditure catCLories. funds and divisions provided that they do not
increase the appropriation.
Alachua County further permits the County Manager to approve transfers between major;
expenditure Cute_ =oriel, divisions and/or activity codes within the same division.
The .Boards of County Commissioners must approve all other budget amendments in each
respective county.
Review of FY 99 Budget amendments Processed — Collier Count
Ftir-ther information was gathered through an analysis of all budget amendments
processed in Collier County during Fiscal Year 1999.. There were 465 budget
amendments submitted that year, but.only 413 \vere actually processed. The remaining
5? budget amendment requests were voided during the review stage.
Administrative Approval
i
There were twelve (12) budget amendments approved administratively that simply .
established a project number for fiscal monitoring to an. existing approved budget
appropriation.
n A thorit� - Administr'at'ive Aq )roval
.i
rll�0 . li � ..
i
Pursuant eo section 620.01 of the Airport Authority Adrrainistrative Code.. budget,
Lmend-ments that do not increase the total Airport Authority Operations Find (495) r tFie gGEND.q M.
Airport -Authority Cttpital.Fund (=196; budgets do not require approi al by the Board- � ,
i ■
7/7/2015 10.D.
County Commissioners. There were thirty -one t31 ) budget amendments approved that
met the criteria outlined :;hove.
Administrative ,Atmroval — Resolution 86 -8
The Count% Mana!7er, under the authority granted via Resolution 86 -8, administrative1%
approved thirty -seven (37) budget amendments. As noted previously. Resolution 86 -8
,-rants administrative authority to the County Manager for all budget amendments in
, MOUnts IC5S than S2.500:exCCpt for reductions to reserves. Reductions to reserves
regt.tir-e Board approval regardless of amount. (Resolution 86 -8)
Budget Amendment Rcpon
The }3oard 01' CUUnt\ Curnmissioners approved sixty -nine. (.69) hudget amendments
included on the budget amendment report. This report is a consent agenda item I
Submitted as part of the t\N ice- monthly County Commission meetin gs. Of these 69
hudget amendments. 38 (55.1 wcre reductions to reserves of 510.000 or less.
BudL i .amendments Annroved via EXecutivc SurnmarN
The remaining -164 budget amendments WCre submitted for approval \\ it an exccuIk e
:urnni!Ir\. ASS LIMIn�� IN\o County Commission meetings per month. there is an average 61'
I l executive sumnrtries per Board meetinz that in\olve budUt amendments..Ofthese
hudget amendments 141 reduced reserves by v aryins decrees. 100 recognized additional;
revenue. and 20 reallocated existing budget appropriations. j
There were 144 budget amendments processed that involved the use of reserves. The
ruble below surnmari7.es the number of budget amendments prC) CSSCd from reser\es and;
further stratified by dollar amount.
Amount of Budget
Amendments Number of Budget
from Reserves Amendments Processed
$10.000 or less
17
$10,001 - $25.000
34
$35,001 - $50,000
26
�$50,OO ].or more
67
LTota1
_
_ 144
Of the 264 budget amendments approved via Executi -v e Summary,. 100 recognized
unanticipated revenue. As a result; the Board also ratified these budget amendments after
a quarter)y public hearing.
The County's current practice is to- conduct on+ public Marino each quarter for tall
budget'a,nendmenis that invol\�e an increase in revenue. As a result, 29 of the 100 AGENDA
budget amendment. that.iecognized additional revenue did not actually require a �.. —
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7/7/2015 10.D.
public hearing. but could have been approved Via resolution on a quarterly basis. This
^' is based on Florida Statute 129.06(2)(d) as noted below.
"A receipt of a nature from a sow-ce not anticipated in the budget.
included but not limited to °rants. donations, gifts, or
reimbursements for damages, may, by resolution of the board
spread on its minutes, be appropriated and expended for that
purpose, in addition to the appropriations and expenditures
provided for in the budget. Such 1•ecelpts and appropriations
must be added to the budget of the proper fund. The resolution
may amend the budact to transfer revenue between funds to
properly account for unanticipated revenue."
Ftnall\. there werc 20 budget amendment,, approved via Executive Summary that slid n
impact reserves or 1*CCO *nine additional revenue. but merely reallocated existin_T bud-'e
apprupri,ttititts.
Implications of Revising the Budget Amendment Polio°
r
The preceding data indicates that there is a significant amount of Board and staff time 1
Committed to.proccssin, budget amendments. Prior to submission to the Board. all
huduct amendment rcqucsts are reviewed by the Department Director. the Division i
Administrator,.thc Budget Office, the County M:ma2er's Office, and by the Finance i
Department before being approved and processed into the system. During= the review
process. the budget amendments are carefully analyzed to ensure that the), are valid.
reasonable and necessary. As noted previously, this process resulted it). �' budget
amendment requests in FY 99 that were voided following staff review.
The Board has expressed the desire to consolidate routine agenda items being presented';
for their approval. This was demonstrated by the Board's shifting the budget amendment
report to the consent agenda and by implementing the Summary Agenda. In keeping \� iih
that cxpressed desire. it is, reasonable that the budget amendments submitted to the Bona
should unly be those budget amendments that actually require Board approval per Florida
Statutes. Many of the budget amendments that are currently submitted to the Board could
reasonably and legally be approved by the County Manager.
The County's current policy requires that budget amendments decreasing reserves by i
more than $10,000 be submitted to the Board with an executive summary. Budget
amendr.tents of Si0.000 or less are submitted to the Board for approval on the Budget .
Amendment Report. I(the limit in FY 99 v, ere $15,000, there would have been 14 fewq'r
Executive Summaries required: If the limit had been 550.000 there would have been ?(I
fewer Executive Summaiies required. -
For buclact amendments that do not affect reserves, the County's cunrent.policy requires;
all f? td;_et amendments greater than'S 30,00t) to he submitted for approval With an �.
AGE K,A r M
executive summary, In FY 1999 there were 20 budget amendments.submitted to th t f
Board with an executive summary thvt involved transfer of funding, VA:ithin: the tame t C:
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divismn and did not affect the total bud`et of' that division.. In accordance with Florida
Stature 129.06. the Board can delegate approval authority to a designated budget office)
:1
those types of budget amendments, i
As noted previously. the County's current practice is to conduct a quarterly public hearing
for atl budget amendments that involve an increase in revenue. Florida Statute 129.06
does not require this step to recognize all unanticipated revenue. Twenty -nine (29) of t1le
hudget amendments that were approved after apublic heating in FY 1999 could have
been approved by resolution. y
i
Strmmary anal Recommendations:
Using the nnaiysis of the data collected it appears that the County could make a more cast
effective tmd efficient use of the Board's time by revising the current Budget Amendment
tPolicv. The effects of changing the adopted Budget Ame.ndmcnt Policy are summarized
County Nlana2er Administrative Authority
Under the current hudget amendment police. the County ?Manager has discretionary
authoniv is defined in Resolution 56 -8 and is limited to budget amendments under
S2.500 and not impacting reserves. I
As noted in this report. there v,-ere sixty -nine (69) budget amendments approved on the
t\\ icc monthly Budget Amendment Report. Of these 69 budget amendments. 38 (15.1IlCj)
\%CT,c reductions to reserves of $10.000 or less. Statutory guidelines do not provide the
latitude to delegate approval authority for reserve reductions to the County Manager.
These budget amendments are thoroughly analyzed to guarantee that they are valid.
reasonable and necessary before they are submitted to the Board for approval. Due to thr
intense pre - screening and routine nature of these budget amendments, the Budget
Amendment Report has always been approved as part of the consent agenda. y
In addition, the County Manager is already delegated authority to approve routine items;
during the Board's summer recess period. Through this delegated authority, the Countyl
Manager has already demonstrated appropriate restraint in exercising this additional
discretionary authority.
Recommendation: Grant the Count( ;,Manager additional administrative, authority, as
provided for in the Florida Statutes, in approving routine bu ('Ret amendments that.are
curr'enily approved on tree Budget Amendment Report.
�AGEND.
err.. S aG_O
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Items currently included on the Budget Amendment Report that would nog+ be upprovetl
udaninistratively by the County Manager include the folio+ +'im?:
• Budiz amendments of 550.000 or less within the same fund and division (including;
capital projects) not impacting reserves or appropriating supplemental revenue.'` j
Granting this additional authority will provide Count% staff' greater flexibility in managing*
their respective hadgets. A side benefit at' implementing this chan_c is the decreased
time period required to implement routine budgetary changes. Due to the timing of the :
current agenda cycle. delays of up to three weeks, are encountered,
:: \Nole: in accordancc with Florida Statutes, there is no delegation of authority for hudgelt
amendments than increase total division appropriations within the.sarne fund. As such,
budRe.t amendments of S50,00 or less within the same fund but crossing division
boundt11'1CS will ;till require approval on the Budact Amendment report.
Ai)proval Reouired for Reserve Reductions
The Current hudvel amendment polic% requires Buard approval of unv reductions to
nscrve t'unds. 1f the; reserve reduction iS S 10.000 or less, the budget amendment is
}?1?ro+ed on the Budget Amendment Report. A reduction to reserves in excess of
--' 510,000 requires an Executive Summary.
n
Prior to .April 17. 1990 an Executive Summary was required for a budact amendment that
decreased reserves by 525.000. The :April 17, 1990 budget police revision reduced this
threshold from 525.000 to $10.000.
Recommendations:
i
• The Board will approve reserve reductions up to $25,000 on the budget
amendment report.
Buclget amendments decreasing reserves in excess of 525,000 will require an
Executive Summarv.
Based on FY 99 data, there would have been 14 fewer Executive Summaries if the
threshold 1 -01- budget amendments decreasing reserves were changed from S10,000 to
S2 5.000.
- AGENDA !TM
o
Novi 4 2IOOi�
Packet Page -575-
7/7/2015 10.D.
BudZet Amendments Approved by Public Hearing-
As noted previously. budget. amendments that increase revenue received for a particular'
purpose in enterprise or proprietary funds and unanticipated revenue fr-om ;rants. Rifts,
donations, or insurance proceeds received for a particular purpose may be approved by
resolution of the Board of Count Commissioners.
- i
Based on FY 99 data. iwenty -nine (29) hudsct amendments could have been approved by
resolution of the Beard. rather than by public hear-incl. It should be noted that the abo\ ell
numher-s are based on what occun-ed in FY 99. actual number, would differ from year 'lo
If any or all of these actions are approved. routine items could be removed from the
Boards ancnda and costs associoted with preparing and printing the weekly a`enda could
he reduced. ,Additionally°. the County WOUld save advemsina costs for hudeet
amendments appro\ d at puhhc hcaiina,. that would FILAV be apprcr\•id h\ resolution.
• i
Staff recommends the County Mjn.t2C7- appro\C chan_'eS'to the Budget .Amendment
Police outlined above and forward the re\ i;ed policy to the Board of County
- i
Cominis,Joner'; foi- adoption.
i
Prepared by: Date:
Randy Greenwald. Budnet Analyst
A ej h�: r L) � Date: %�'.�-vL,
1 chuel Smyko vski. Budget Director
Approved by: Date:`'Q
Thomas W. Oiliff, Co y t '>vlanager
AGENDA Jii7,EY.
No J F
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7/7/2015 10. D.
Budget Amendments and Required Approvals
Updated 9115/08
n
Budget Amendment Types
Approval Authority .
Code
Administrative Authority
CM
• Budget amendments of $50,000 or less
County Manager or
within the same fund and division -and not
designee
impacting reserves or recognizing. revenue
I
Budget Amendment Report
REPORT
• Decrease to reser_v_es. of. $25,000 or less
BCC via Budget
Amendment Report
• Budget amendments of $50,000 or less
within the same fund, but different
division
Executive Summary
No Further Action NFA
• Decrease to reserves in excess of $25,000
Board of County
Commissioners via
• Budget amendments greater than $50,000
Executive Summary
(including increases to capital projects)
• New positions and /or new services
• Appropriate revenue from grants, donations,
contributions, unanticipated revenue
(enterprise /proprietary funds) or insurance
- proceeds - Resolution (RESO)
1 • Increase of a fund total by recognizing
carryforward or a transfer from another fund
- Public Hearing (PH)
• Budget amendments that require a RESO
can not be processed until it goes to the
BCC again in the form of a Resolution.
OMB will submit the approved BA's at the
next BCC meeting.
i
• Budget amendments that require a PH can
" not be processed until it goes to. the BCC
again in the form of a Public Hearing. OMB
will submit the approved BA's each month
1 nd BCC meetin2 in each month).
I:1Septemberl62008 SAPTraininglBudget Amendments and Required Approvals. doe
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