Agenda 04/12/2016 Item #16E 8 4/12/2016 16.E.8.
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise an ordinance for future
consideration amending Section Twelve of the Board's Purchasing Ordinance (Ordinance No.
2013-69, as amended)to incorporate a procedure to accept unsolicited proposals.
OBJECTIVE: To incorporate by reference Florida Statutes, § 287.05712 into the Procurement
Ordinance providing for public-private partnerships (P3's) and the consideration of unsolicited
proposals from private entities.
CONSIDERATIONS: Florida Statutes, § 287.05712 allows for public agencies to consider P3's as
an effective delivery method on qualified public projects, including the consideration of unsolicited
proposals from private entities. Procurement staff worked with Growth Management staff and the
County Attorney's Office in recommending that the following language be included into the Board's
Procurement Ordinance:
SECTION TWELVE: COMPETITIVE PROPOSALS
C. Unsolicited Proposals
1. The Board incorporates by reference Florida Statutes, § 287.05712, as
may be amended from time to time, which addresses the procurement of services
for qualifying projects through public-private partnerships, including through an
offer of an unsolicited proposal.
2. (a) The Board shall by separate Resolution establish all Application Fees
referenced under Florida Statutes, § 287.05712 that a private entity must pay
concurrent with the submission of an unsolicited proposal. Payment shall be
made by cash, cashier's check, or some other non-cancellable instrument.
Personal checks shall not be accepted.
(b) To the extent that the cost to evaluate an unsolicited proposal costs more than the
Initial Application Fee adopted by Resolution, the County may request payment of any
additional amount required to conduct its review as provided in Florida Statute, § 287.05712.
Most vendors wishing to work for the County look to the Purchasing Ordinance when researching
available solicitation processes. By incorporating and acknowledging F.S. § 287.05712 in the
Ordinance (much like was done for consultants under the CCNA with F.S. § 287.055), the process
becomes more transparent for vendors that want to work for the County.
Staff requests that the Board authorize the advertisement of this proposed amendment to Section
Twelve of the Board's Purchasing Ordinance (Ordinance No. 2013-69, as amended), provide for a
procedure for P3 delivery methods and for the acceptance of unsolicited proposals. If the Board
approves this request, Staff will bring back the Ordinance and an appropriate Resolution at a future
meeting.
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FISCAL IMPACT: There is no fiscal impact with this executive summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.—SRT
RECOMMENDATION: That the Board directs the County Attorney to advertise an ordinance
amending Section Twelve of the Board's Purchasing Ordinance (Ordinance No. 2013-69, as amended),
to provide for a procedure for P3 delivery methods and for the acceptance of unsolicited proposals.
Prepared by: Joanne Markiewicz, Director, Procurements Services Director
Attachment: Proposed Amendment to Ordinance
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4/12/2016 16.E.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.8.
Item Summary: Recommendation to authorize the County Manager to advertise an
ordinance for future consideration amending Section Twelve of the Board's Purchasing
Ordinance (Ordinance No. 2013-69, as amended) to incorporate a procedure to accept
unsolicited proposals.
Meeting Date: 4/12/2016
Prepared By
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services,Procurement Services
3/28/2016 12:12:24 PM
Submitted by
Title:Division Director-Procurement Services,Procurement Services
Name: MarkiewiczJoanne
3/28/2016 12:12:25 PM
Approved By
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services,Procurement Services
Date: 3/29/2016 10:10:10 AM
Name: HerreraSandra
Title: Manager-Procurement,Procurement Services
Date: 3/29/2016 3:56:58 PM
Name: PriceLen
Title: Department Head-Administrative Svc,Administrative Services Department
Date: 3/30/2016 9:09:12 AM
Name: TeachScott
Title:Deputy County Attorney, County Attorney
Date: 3/31/2016 9:30:11 AM
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4/12/2016 16.E.8.
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/31/2016 10:45:15 AM
Name: WellsLaura
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 3/31/2016 5:55:01 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/2/2016 1:56:34 PM
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4/12/2016 16.E.8.
ORDINANCE NO.2016 -
AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE
COLLIER COUNTY PURCHASING ORDINANCE, BY SPECIFICALLY
AMENDING SECTION TWELVE, "COMPETITIVE PROPOSALS," TO
INCORPORATE A PROCEDURE TO ACCEPT UNSOLICITED
PROPOSALS; PROVIDING FOR CONFLICT AND SEVERABILITY,
PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES,AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (the Board) desires to seek the
maximum value for the County by procuring the best value in obtaining commodities and
contractual services; and
WHEREAS, to better effectuate this desire, on December 10, 2013, the Board adopted
Ordinance No. 2013-69, known as the Collier County Purchasing Ordinance; and
WHEREAS, the Board subsequently amended Ordinance No. 2013-69 through its
adoption of Ordinance Nos. 2015-37 and 2015-51;and
WHEREAS,the Board seeks additional changes to the Purchasing Ordinance in order to
include a procedure to accept unsolicited proposals.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION TWELVE OF ORDINANCE NO.
2013-69,AS AMENDED.
Section Twelve of Ordinance No. 2013-69, as amended, is hereby amended as follows:
SECTION TWELVE: Competitive Proposals.
A. The Competitive Proposal process is a method of contract selection that may be utilized
by the Purchasing Director under circumstances where one or more of the following conditions
exist:
1. Where qualitative considerations are of equal or greater concern than pricing
considerations.
2. Where the conditions of the purchase do not lend themselves to the formal sealed
bid process or the award of a firm, fixed fee contract.
3. Where the County is incapable of specifically defining the scope of work for
which the commodity(s) or service(s) is required and where the vendor is asked to
propose a commodity(s) or service(s)to meet the needs of the County.
Words Underlined are added;Words&fuck—Through are deleted.
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4. Where the County desires to enter into a single contract for the design and
construction of a public construction project(s).
B. For purchases in excess of the formal competitive threshold and where appropriate or
required by law, the competitive solicitation process will be utilized. The process will be
conducted in a manner similar to the sealed bid process as set forth under Section 10 except
where otherwise stated in this section. The competitive proposal process shall proceed as
follows:
1. A Request for Proposals (RFP) will be prepared and distributed. Notice of said
request(s) shall be publicly posted by the Purchasing Department at least 21
calendar days preceding the last day established for the receipt of proposal.
2. Each Request for Proposals shall identify the evaluation procedures and criteria to
be applied to the selection of the best proposal among the respondents. Each RFP
pertaining to the award of a design/build contract(s) shall be subject to the
requirements of F.S. § 287.055 and section thirteen below.
3. Prior to the announcement and distribution of the RFP, a selection committee
shall be appointed by the County Manager to evaluate the proposal received.
4. Proposals may be solicited and/or received in one or more steps as permitted by
law and deemed appropriate by the Purchasing Director. Unless otherwise
prohibited by law, the Purchasing Director shall have the discretion to solicit and
conduct simultaneous or concurrent negotiations with one or more firms.
C. Unsolicited Proposals
1. The Board incorporates by reference Florida Statutes, § 287.05712, as may be
amended from time to time, which addresses the procurement of services for
qualifying projects through public-private partnerships, including through an offer
of an unsolicited proposal.
2. (a) The Board shall by separate Resolution establish all Application Fees
referenced under Florida Statutes, § 287.05712 that a private entity must pay
concurrent with the submission of an unsolicited proposal. Payment shall be
made by cash, cashier's check, or some other non-cancellable instrument.
Personal checks shall not be accepted.
(b) To the extent that the cost to evaluate an unsolicited proposal costs more
than the Initial Application Fee adopted by Resolution, the County may request
payment of any additional amounts required to conduct its review as provided in
Florida Statute, §287.05712.
Words Underlined are added;Words tel Through are deleted.
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SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this day of ,2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form and legality:
Scott Teach
Deputy County Attorney
Words Underlined are added;Words Struck Thro•gh are deleted. 5PT
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