Agenda 04/22/2014 Item #11E Proposed Agenda Changes
Board of County Commissioners Meeting
April 22, 2014
Continue Item 16D2 to the May 13,2014 BCC Meeting: Recommendation to approve the Second
Amendment to the Home Investment Partnership Program Subrecipient Agreement with
Community Assisted and Supported Living,Inc.,for the Multi-Family Property Acquisition
Project, providing for project updates. (Commissioner Fiala's request)
Note:
Item #11E: Revise the Executive Summary title to read: Recommendation to
approve a County Purchasing Manual establishing procurement and contract
administration procedures that support execution of the Board's Purchasing
Ordinance adopted on December 10, 2013, and direct the County Attorney to
prepare the necessary Resolution of adoption for signature by the Chair.
(Staff and County Attorney's request)
Item 16D7: Section 9.B.5 of the Subrecipient Agreement Amendment between Collier County
Housing,Human and Veteran Services and Habitat for Humanity of Collier County is revised to
include the following additional language: Pursuant to HUD letter dated January 8,2014 from
Steven A.Bales,Labor Relations Specialist,this project is not required to meet Davis Bacon
requirements unless HOME funds are utilized in the project,for 12 or more HOME assisted units
pursuant to 24 CFR 92.354., (Staff's request)
Item 16H4: Executive Summary title corrected to read: Recommendation to approve an
Interlocal Agreement(ILA)with Golden Gate Fire Control and Rescue District(GGFD) providing
that the County assume fire plans review duties on behalf of ENFD GGFD and the County's
dependent fire districts,including Isles of Capri,Ochopee and Collier Fire District One,and
authorizing the ENFD Fire Chief or his designee to act as the approving authority over fire plans
review for the County's dependent fire districts. (Staff's request)
Commissioners will be attending lunch with the Know Your County Government Teen Citizenship
Program in the 5th Floor Conference Room-Administration Building-from 12:00 to 1:00 p.m.
Time Certain Items:
Item 11C to be heard at 10:00 a.m.
Item 11E to be heard at 10:45 a.m.
4/22/2014 9:00 AM
4/22/2014 11.E.
EXECUTIVE SUMMARY
Recommendation to approve a County Purchasing Manual establishing
procurement and contract administration procedures that support execution of the
Board's Purchasing Ordinance adopted on December 10, 2013.
OBJECTIVE: To enact a purchasing manual to support the Board's Purchasing Ordinance
adopted on December 10, 2013 (Agenda Item 17J).
CONSIDERATIONS: Per the Board's Purchasing Ordinance adopted on December 10, 2013
(Agenda Item 17J), and in an effort to secure goods and services in the most effective and
efficient manner, staff recommends the adoption of the Purchasing Manual. Further, staff
recommends that the attached purchase order terms and conditions, executed by the
Purchasing Director, become the general ordering instrument (except in the case of the Board
approved use of the County's procurement card).
For vendors who require a signed non-standard agreement, memorandum of understanding,
contract, etc. for purchases less than fifty thousand dollars ($50,000); and, for Board approved
annual cooperative organizational memorandums of understanding, usage agreements, etc. (as
approved December 10, 2013, Agenda Item 16E11), the Purchasing Staff will finalize terms and
forward those terms to the County Attorney for final review and approval. Staff recommends ,
that the Purchasing Director (as designated by the County Manager) signs those agreements,
and report the expenditure per Section Seven of the Purchasing Ordinance (Purchases in
General).
FISCAL IMPACT: There is no fiscal impact associated 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 of County Commissioners approves a County
Purchasing Manual establishing procurement and contract administration procedures
that support execution of the Board's Purchasing Ordinance adopted on December 10, 2013.
PREPARED BY: Joanne Markiewicz, Director,Procurement Services
Attachments:
• Purchasing Manual
• County Attorney approved standard purchase order terms and conditions
Packet Page-128-
4/22/2014 11 .E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.E.
Item Summary: Recommendation to approve the Purchasing Manual; authorize the use
of a County Attorney approved standard purchase order delegated to the County Manager and
executed by the Purchasing Director for the general procurement of goods and services; and,
delegate the signature authority to the County Manager and executed by the Purchasing
Director for County Attorney approved non-standard vendor agreements for goods and services
up to $50,000 and approved annual cooperative contracts [Section 18B] which are reported and
approved per Section Seven of the Purchasing Ordinance. (Len Price,Administrative Services
Administrator)
Meeting Date: 1/28/2014
Prepared By
Name: MarkiewiczJoanne
Title:Manager-Purchasing Acquisition,Purchasing&Gene
1/10/2014 4:15:20 PM
Submitted by
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Name: Markiewiczioanne
1/10/2014 4:15:21 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 1/10/2014 4:58:48 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 1/13/2014 1:14:57 PM
Name: PriceLen
Title: Administrator, Administrative Services
Packet Page-129-
4/22/2014 11.E.
Date: 1/13/2014 5:11:06 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/22/2014 11:15:24 AM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Manag
Date: 1/22/2014 11:58:09 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/22/2014 3:10:40 PM
Name: OchsLeo
Title: County Manager
Date: 1/22/2014 4:41:23 PM
Packet Page-130-
4/22/2014 11 .E.
T
1%0111 0"
Collier County Board of County Commissioners
Purchasing Manual
(Based on Purchasing Ordinance Adopted on 12/10/13 17J)
Packet Page-131-
4/22/2014 11.E.
Purchasing Manual Index
SECTION 1: TITLE AND CITATION 4
SECTION 2: PURPOSE 4
SECTION 3: APPLICABILITY 4
SECTION 4: DEFINITIONS 4
SECTION 5: ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING
DIRECTOR 7
SECTION 6: DUTIES OF THE PURCHASING DEPARTMENT 7
SECTION 7: PURCHASES IN GENERAL 7
SECTION 8: PURCHASES UNDER $50,000 8
SECTION 9: FORMAL COMPETITIVE THRESHOLD 10
SECTION 10: COMPETITIVE BID PROCESS 16
SECTION 11: PROCUREMENT OF PROFESSIONAL SERVICES (CCNA) 18
SECTION 12: COMPETITVE PROPOSALS 20
SECTION 13: PROCUREMENT OF DESIGN-BUILD CONTRACTS 21
SECTION 14: SMALL AND DISADVANTAGED MINORITY AND WOMEN-OWNED
BUSINESSES 21
SECTION 15: LOCAL VENDOR PREFERENCE 22
SECTION 16: PAYMENT OF INVOICES 24
SECTION 17: ADVANCED PAYMENTS FOR GOODS AND SERVICES 26
SECTION 18: STANDARDIZATION, COOPERATIVE PURCHASING ORGANIZATIONS AND
GOVERNMENTAL CONTRACTS Z7
SECTION 19: CONTRACT ADMINISTRATION 28
SECTION 20: PERFOMANCE AND PAYMENT BONDS 33
SECTON 21: UNAUTHORIZED PURCHASES 34
SECTION 22: PROHIBITION AGAINST SUBDIVISION 34
SECTION 23: PROTEST OF BID OR PROPOSAL AWARD 34
SECTION 24: CONTRACT CLAIMS 37
SECTION 25: EMERGENCY PROCUREMENT AND BOARD ABSENCE 37
2
Packet Page-132-
4/22/2014 11 .E.
SECTION 26: INSPECTION AND TESTING 39
SECTION 27: PURCHASING CARD PROGRAM 40
SECTION 29: CONFLICT OF INTEREST 41
SECTION 29: DEBARMENT AND SUSPENSION 41
SECTION 30: WAIVER OF ORDINANCE 47
SECTION 31: CONFLICT AND SEVERABILITY 47
SECTION 32: INCLUSION IN THE CODE OF LAWS AND ORDINANCES 47
SECTION 33: EFFECTIVE DATE 47
■'•
n
3
Packet Page 433-
4/22/2014 11.E.
INTRODUCTION
This Purchasing Manual was developed and approved in accordance with Ordinance 2013-69, the
Collier County Purchasing Ordinance.
The purpose for this Purchasing Manual is to provide the procedures necessary to execute the
Purchasing Ordinance. These procedures will ensure the fair and equitable treatment of all persons
involved in public purchasing by the County, maximize the purchasing value of public funds in
procurement, and provide safeguards for maintaining a procurement system of quality and integrity.
This Purchasing Manual applies to all contracts for the procurement of goods and services entered
into by the County after the effective date of the Purchasing Ordinance. The procedures in this
Manual apply to all expenditures of public funds by the Board of County Commissioners for public
purchasing, irrespective of the source of the funds. Nothing within this Manual shall prevent the
County from complying with the terms and conditions of any grant, gift or bequest that is otherwise
consistent with law.
No additional procedures noted in the following sections:
• SECTION 1: TITLE AND CITATION
• SECTION 2: PURPOSE
• SECTION 3: APPLICABILITY
SECTION 4: 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 departments under the auspices of the County
Manager.
Change Order shall mean a written order by a project manager, approved by the Purchasing 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 the Purchasing 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.
4
Packet Page-134-
4/22/2014 11.E.
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 the
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 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.
5
Packet Page-135-
4/22/2014 11.E.
Purchasing Director is the Purchasing Director of Collier County.
Purchasing Manual shall mean the Board of County Commissioners' adopted administrative
procedures for implementing the Purchasing Ordinance.
Purchasing Policy or Policies shall mean the purchasing practices and procedures outlined in this
Purchasing Manual.
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.
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.
6
Packet Page-136-
4/22/2014 11.E.
SECTION 5: ESTABLISHMENT OF PURCHASING DEPARTMENT AND PURCHASING
DIRECTOR
No additional procedures noted.
SECTION 6: DUTIES OF THE PURCHASING DEPARTMENT
The Purchasing Ordinance establishes the Collier County Purchasing Department, which is a distinct
administrative department under the direction of the County Manager. The Purchasing Department is
responsible for seeking maximum value, encouraging competition, analyzing purchasing trends and
non-contract purchases, maintaining and updating the Purchasing Manual, creating forms,
maximizing value through bulk purchasing opportunities, ensuring tax exemption when eligible,
facilitating the suspension and debarment of vendors when appropriate, and developing systems of
control.
PROCEDURES
The Purchasing Director will draft and recommend policy and procedures to the Board for the Collier
County Purchasing Manual for the purchase and payment of goods and services and will:
1. Maintain these written procedures, recommending any necessary changes to the Board of
County Commissioners for approval, and providing staff training to assist with the
understanding and knowledge for compliance with the Board's procedures.
2. Provide access to this manual to all staff and make the manual accessible to all
stakeholders and vendors as necessary.
3. Develop, maintain and make accessible all necessary procedures and forms to implement
these policies accessible at the Purchasing Department Intranet.
4. Issue Board of County Commissioner purchase order approved documents, non-standard
agreements and cooperative agreements, signed by the Purchasing Director, for the
procurement of goods and services and reported to the Board pursuant Section Seven:
Purchases in General.
These procedures do not apply to the payment of goods or services, or signature of agreements that
that have received prior approval through prior Board action.
The County Manager will determine the final interpretation of the Collier County Purchasing Manual.
SECTION 7: PURCHASES IN GENERAL
The Board shall, prior to payment, approve all expenditures with a finding that such expenditures
serve a valid public purpose.
PROCEDURES
At the time of the establishment and approval of the Collier County annual budget, the Board of County
Commissioners declares that those budgeted funds that are used to purchase goods and services on behalf of
the County serve a valid public purpose.
7
Packet Page-137-
4/22/2014 11.E.
In accordance with F.S. § 136.06(1), the Clerk of the Circuit Court prepares an audited disbursement report for a
period of time for presentation to the Board of County Commissioners. This expenditure listing will serve as the
Board's opportunity to declare the purchase as having served a valid public purpose, approval for payment,and
entry into the official Board of County Commission record.
SECTION 8: PURCHASES UNDER $50,000
The process for making purchases under $50,000 (small purchases) shall be as follows. At a
minimum:
1. A purchase shall not be artificially divided or split so as to qualify under this or any other
section of the Purchasing Ordinance. Purchases under $1,000 will generally be processed using a
regular purchase order, or, a purchasing card in accordance with Section 27 of the Purchasing
Ordinance.
2. Operating department 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
Purchasing Director. Only the Board's Purchasing staff may issue a qualification based solicitation.
PROCEDURES
Thresholds have been set that determine the processes required for each purchase. Purchasing
thresholds are identified as one of the following:
8:1 Purchases issued under fixed term or continuing contract
8:2 Small Purchases of$3,000 or Less
8:3 Informal solicitation greater than $3,000 and under$50,000
8:4 Waiver from competition
8:5 Non-standard agreements
8:6 Prohibition against subdividing
8:7 After the fact approval
8:1 Purchases Issued Under Board Approved Fixed Term or Continuing Contract
Purchases associated with an existing fixed term or continuing contract may be made using a
purchase order or purchasing card in accordance with the terms of the contract. This purchase order
may be approved by the Purchasing Director for amounts limited only by the operating department's
budget. Where multiple contracts exist for the same services, orders will be distributed among the
firms as specified in the Executive Summary approved by the Board. These purchases do not require
additional Board approval.
Off-contract purchases up to the small purchase level, when justified and deemed in the best interests
of the County, may be authorized by the Purchasing Director.
8:2 Small Purchases of$3,000 or Less
Purchases that do not exceed $3,000, with at least one price quote obtained, may be approved by the
Purchasing Director without informal or formal competition by means of a purchase order or
purchasing card, if a formal agreement is not identified. Operating departments will seek the best
value for the purchase and will ensure all purchases are for a valid public purpose.
8:3 Informal Solicitation Greater than $3,000 and Under$50,000
8
Packet Page-138-
4/22/2014 11 .E.
Three (3)written quotes will be obtained by operating staff for purchases exceeding $3,000 and less
'" than $50,000. Operating departments will seek the lowest and best value for the purchase and will
ensure all purchases are for a valid public purpose. Where operating staff are unsuccessful in
securing three quotes, written explanation and Purchasing Director approval are required.
An approved quote, for expenses greater than $3,000 and under$50,000 is defined as a twelve (12)
month period from the beginning of the contract, either the issuance of the first purchase order or
contract execution date.
Purchases may be approved by the Purchasing Director without formal competition by means of a
purchase order or purchasing card.
8:4 Waiver from Competition
The following purchases may have the requirement for competition waived:
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.
3. Single source commodities when one of the following conditions exists:
a. The item(s) is the only one available that can properly perform the intended
function(s);
b. The recommended vendor/contractor is the only one ready, willing and able to
meet the County's requirements; or
c. The requested exemption is in the County's best interest.
4. Valid public emergencies (pursuant to Section 25).
5. Where it is determined to be in the best interests of the County to do so.
The County may determine it is in their best interest to waive competition due to an economic
condition such as: responsible economic procurement relieves the County of potential additional
expenses that would result from not making the purchase; use of another supplier would result in
incompatibility or lack of standardization with existing conditions; use of another supplier would
require considerable training, time and money to evaluate; the goods or services are being used in
ongoing long-term projects; and/or the product or service offered is at a substantial discount below
current market conditions and price structures.
For purchases less than the small dollar threshold identified in Section 8: Purchases Under $50,000, a
completed Waiver Form and supporting documentation and rationale must be forwarded to the
Purchasing Director for review. Waiver requests for purchases less than the small dollar threshold
may be approved by the Purchasing Director. Such waiver requests will be valid for one (1) fiscal
year. Operating departments do not need to submit a new waiver for each duplicate request and will
only need to provide a copy of the previously approved waiver. Per Section 6: Duties of Purchasing
Department, the Purchasing Director has the full authority to question the waiver, determine if the
specific purchase should be approved by the Board monitor multiple waivers to the same firm to
determine if a contract is in the best interest of the County.
8:5 Non-Standard Agreements
For purchases under$50,000, and for vendors who require a signed non-standard agreement,
memorandum of understanding, contract, etc. the Purchasing Staff will complete negotiations with
the vendor and forward to the County Attorney for final review and approval. The Purchasing
Director shall execute the agreement on behalf of the Board of County Commissioners, and report
the purchase pursuant to Section Seven. Purchases in General.
An approved non-standard agreement may be approved by the Purchasing Director as long as the
cumulative annual expenses are less than $50,000.
9
Packet Page-139-
4/22/2014 11.E.
8:6 Prohibition Against Subdividing
Purchasing transactions must not intentionally be subdivided or split into smaller transactions to avoid
the requirements of the Purchasing Ordinance. The Purchasing Director will periodically review
purchase order transaction reports to ensure that operating departments do not subdivide or split
purchases to avoid the threshold limits.
8:7 After the Fact Approval
All purchases below the small dollar threshold that involve unique situations or procurements not
meeting the criteria must be taken to the Board for after-the-fact approval. This approval will be
requested by the operating department via an executive summary with all attachments included to
fully disclose the type of purchase, unique situation that prohibited prior approval and any contractual
documentation associated with the purchase. Templates of executive summaries that include all
required considerations are maintained by the Purchasing Director and will be available on the
Purchasing Department Intranet.
SECTION 9: FORMAL COMPETITIVE THRESHOLD
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 the Purchasing Ordinance
or unless an exception is granted by the Board. Bid limits for requirements utilizing federal or state
funds will be those required by said agency granting the funds or the County's requirements,
whichever is more restrictive.
All formal competition shall be procured under the supervision of the Purchasing Director.
PROCEDURES
Purchases may fall into one of three main categories: a) commodities, b) services, or c) professional
services (under the Consultant's Competitive Negotiation Act and Auditor Selection Processes).
Within each category of purchase, there are different considerations including:
9:1 Method of purchase
9:2 Responsibilities
9:3 Immigration validation
9:4 Solicitation process
9:5 Solicitation documentation
9:6 Selection process
9:7 Waiver/exemption from competition
9:8 Contractual documentation
9:9 Approvals
In compliance with F.S. § 287.055, known as "The Consultants' Competitive Negotiation Act" or
"CCNA", and the Auditor Selection Procedures (F.S. § 218.391) some professional services must be
treated slightly different than others. Where applicable throughout this section, provisions that apply
10
Packet Page-140-
4/22/2014 11 .E.
only to those services under CCNA and the Auditor Selection Processes will be identified as such to
" clarify any differences.
9:1 Method
Purchases over the formal competitive threshold must be procured as follows unless the purchase is
governed by other federal or state funding guidelines and alternate methods are requirements of the
funding source.
1. Commodities: Purchase of goods over the formal competitive threshold are generally procured
using a sealed bid.
2. Services: Purchase of services over the formal competitive threshold generally follow the
request for proposal process, or similar methodology.
3. Professional Services (includes the acquisition of professional architectural, engineering,
landscape architectural or surveying and mapping services, and auditor services):
Professional Services will be procured using a qualitative selection process that evaluates
qualifications, competence, track record and availability. This professional service selection
method will be utilized by the Purchasing Director for a) a project that includes a fixed capital
outlay study or planning activity may occur which includes a grouping of minor construction,
rehabilitation or renovation activities or a grouping of substantially similar construction,
rehabilitation or renovation activities occur, b) a "continuing contract," and/or c) a design build
project.
9:2 Responsibilities
Subject to formal competition, the Board is responsible for: a) awarding all purchases, b) rejecting
bids and/or proposals as recommended by the Purchasing Director, c) approving all sole or single
source purchases in excess of the formal competitive threshold and d)waiving non-material
irregularities.
The operating department is responsible for preparing the specifications, project description and
scope of work related to each purchase and reviewing any potential addenda necessary, providing
evaluation criteria for services (consistent with CCNA statute for professional services, as applicable),
recording past performance data of vendors via performance evaluations and for considering such
past performance data in the evaluation of formal bids and/or proposals for subsequent contract
award.
The Purchasing Director is responsible for:
1. Ensuring competition;
2. Publicly posting the notice inviting bids and/or proposals (notice of contract and application
process for CCNA) including, when known:
a. For construction: the budget range, and,
b. For goods and services: the historical expenditures;
3. Electronically sending solicitation notices to suitable vendors that are in the vendor database;
4. Approving any necessary addenda to bid specifications and requests for proposals and
making such available to all prospective contractors/vendors;
5. Determining whether solicitations may be issued in one or more steps or concurrent with one
or more firms;
6. Ensuring all solicitation notices contain language advising prospective contractors of the
Department of Homeland Security's E-Verify system requirements;
7. Prescribing, when necessary, for solicitation deposits to be made and describing such
requirement in the solicitation;
8. Recommending when bids and proposals should to be rejected;
9. Negotiating with the lowest qualified bidder if bid exceeds budgeted amount for purchase;
10. maintaining administrative procedures, instructions and tools necessary for ensuring past
relevant performance data is properly gathered and considered prior to award of contract;
11
Packet Page-141-
4/22/2014 11 .E.
11. Removing vendors from the vendor database for continual non-response to solicitations,
violations of the Collier County Purchasing Manual or inactivity in the electronic system;
12. Ensuring bids and proposals are publicly opened at the time and place stated in the
bid/solicitation notice and ensuring such is witnessed;
13. Tabulating all bids/proposals and maintaining for public inspection;
14. Negotiating with service vendors ranked most qualified;
15. Facilitating the appointment of selection committees for review of requests for proposals; and
16. Reviewing and approving all recommendations for award of contracts, including registration
with the State of Florida Division of Corporations, prior to Board approval.
Prior to issuing the request for proposal, the Purchasing Director will draft a memorandum for
approval by the County Manager for the appointment of a selection committee to review the
qualification submissions and/or proposals.
The contractor, vendor or consultant is responsible for:
1. Maintaining a profile in the online solicitation database to ensure proper notifications are
received;
2. Reviewing any addenda to solicitations;
3. Responding in a timely manner to notices;
4. Clearly identifying the solicitation number on the outside of sealed envelope if submitting a
manual bid or proposal;
5. Registering with the federal E-Verify system prior to tendering a proposal with the County and
for understanding that if they have in fact signed up with E-Verify that evidence of such must
be on file with the Purchasing Department prior to award of a contract;
6. Publicly addressing the Board regarding a prospective purchase if requested to do so by the
Purchasing Director or by a majority vote of the Board; and,
7. Filing intent to protest terms and conditions, specifications, or recommended contract awards
in a timely manner.
9:3 Immigration Validation
As authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA),
the federal government requires companies to employ only individuals who may legally work in the
United States—either U.S. citizens, or foreign citizens who have the necessary authorization.
To ensure contractors, vendors or consultants comply with this requirement, Collier County requires
that verification be provided to evidence that the contractors, vendors or consultants have in fact
signed up for the U.S. Department of Homeland Security's E-Verify system and have ensured that
employees and subcontractors meet the requirement.
All formal solicitations for the purchase of services and professional services will include language
advising prospective contractors, vendors or consultants that they must sign up to use the federal E-
Verify system prior to tendering a bid offer with the County. Prior to issuance of applicable
solicitations, the Purchasing Director will ensure the necessary language regarding E-Verify is
included. Commercially "off the shelf" products (COTS) are not included in this requirement.
At the time a formal bid or proposal is submitted, the contractor, vendor or consultant must also
submit an Immigration Law Affidavit Certification that must be signed and notarized. This certification
requires that the contractor, vendor or consultant attest to full compliance with all applicable
immigration laws (specifically to the 1986 Immigration Reform and Control Act and subsequent
amendments) and agree to comply with the Memorandum of Understanding with E-Verify and to
provide proof of enrollment in the Employment Eligibility Verification System (E-Verify), operated by
the United States Department of Homeland Security in partnership with the Social Security
Administration at the time the proposal is submitted. Prior to award of a contract by the Board of
12
Packet Page-142-
4/22/2014 11 .E.
County Commissions, the contractor, vendor or consultant is required to provide evidence of E-Verify
n registration. The Purchasing Director will maintain this documentation on file.
9:4 Solicitation Process
1. Commodities: A notice inviting bids is required and will be publicly posted by the Purchasing
Director at least ten (10) days before the deadline for receipt of bid responses. Construction
bids with an estimate of$200,000- $499,999 will be posted for twenty-one (21) days; projects
estimated at $500,000 or more will be posted at least thirty (30) days.
2. Services: A notice inviting proposals is required and will be publicly posted by the Purchasing
Director at least twenty one (21) days before the deadline for receipt of proposals.
3. Professional Services: A request for proposal is publicly announced and distributed by the
Purchasing Director at least twenty on (21) calendar days before the deadline for receipt of
proposals.
9:5 Solicitation Documentation
Solicitation documents will include description of commodities, services or professional services to be
purchased and identify the evaluation procedures and criteria to be used. All solicitation documents
will state where instructions and specifications are available for review and will state the time and
place for opening. Notices may also be electronically sent to vendors who are registered in related
commodities in the online vendor database. Solicitations may be conducted in one or more steps
simultaneously or concurrent with multiple firms unless otherwise prohibited by applicable federal or
state law or the terms of a grant program after review and approval by the Purchasing Director.
9:6 Selection Process
A tabulation or summary of bids and proposals received will be made either electronically or manually
by the Purchasing Director. The Purchasing Director will confirm that each bidder/contractor has
signed up for the Department of Homeland Security's E-Verify and will maintain such evidence on file.
Past performance data will be considered during the review. In the event that one or more vendor is
recommended under the same solicitation, the method for distributing work under the contract (s)will
be identified in the executive summary and the contract (s). Methods for such distribution may
include: a) award specified scope/items to specified vendors; or b) award the work to a primary and
secondary vendor; or c) for purchases exceeding $50,000, solicit quotes from all vendors under
contract and award the work based upon the lowest, responsive quote; or d) rotate through all
vendors awarded; or e) other methods as identified in the Executive Summary and approved by the
Board. Local vendor preference will be considered and the right-to-match offer made, as identified in
Section 15: Procedure to Provide Preference to Local Businesses in County Contracts.
1. Commodities
Award will be made to the lowest, qualified and responsive bidder unless there are other policies
conflicting with this statement. In the event of a tie bid, the award will be given to the lowest tied
bidder that can certify it has implemented a drug-free work place program subject to F.S. §
287.087. If all lowest tied bidders can provide such certification, the next step is to determine
whether the bidders are considered a local business (Section 15: Procedure to Provide
Preference to Local Businesses in County Contracts). If one (and only one) of the bidders is
determined to be a local business, then award of contract will be made to that bidder. In the event
that two or more local bidders or two non-local bidders are tied thereafter, award of contract will be
made in accordance with a coin toss in the presence of both bidders. In the event that bids need
to be rejected, the Purchasing Director has the authority to issue a new solicitation prior to the
formal rejection by the Board of the original bid offers. In the event that the Board elects to award
the contract from the original solicitation offers or if the Board elects not to further pursue the
purchase, the Purchasing Director may cancel the new solicitation.
13
Packet Page-143-
4/22/2014 11 .E.
If the lowest qualified responsive bid exceeds the budgeted amount and/or cannot be funded in
whole or in part by received grant dollars, the Purchasing Director may negotiate with the bidder to
attempt to bring the bid within budgeted limits unless prohibited by the source of funds. Refer to
funding source guidelines to confirm. Any necessary negotiations and changes are to be
mentioned in the executive summary.
2. Services
Prior to the announcement and distribution of the Request for Proposals, a selection committee
will be appointed by the County Manager, to evaluate the proposals received. The Purchasing
Director will distribute proposals to the selection committee to evaluate the proposals and to
determine the best overall proposer meeting the minimum published requirements. The selection
committee will review, score and rank the proposals in accordance with the procedures and
selection criteria identified in the solicitation document. Upon completion of the selection process,
the Purchasing Director will post the results of the selection process on the Purchasing
Department Internet site.
In the event that proposals need to be rejected, the Purchasing Director may issue a new
solicitation prior to the formal rejection by the Board of the original solicitation proposals. In the
event that the Board elects to award the contract from the original proposals or if the Board elects
not to further pursue the purchase, the Purchasing Director may cancel the new solicitation.
If the best overall proposer meeting the minimum published requirements exceeds the budgeted
amount and/or cannot be funded in whole or in part by grant dollars, the Purchasing Director may
negotiate with the proposer to attempt to bring the proposal within budgeted limits unless
prohibited by the source of funds. Refer to funding source guidelines to confirm. Any necessary
negotiations and changes are to be mentioned in the executive summary.
3. Professional Services
Prior to the announcement and distribution of the Request for Proposals, a selection committee
will be appointed by the County Manager to evaluate the proposals received. A summary of all
proposals will be made either electronically or manually by the Purchasing Director.
The selection committee will review statements of qualifications and performance data submitted
in response to the solicitation and will select, in order of preference, no fewer than three firms
deemed to be the most highly qualified, if at least three firms respond to the solicitation. If less
than three firms respond, and after meeting due diligence, it is decided by the Purchasing Director
that every effort was made to comply with the requirements of F.S. § 287.055 or F.S. § 218.391,
the operating department will proceed with the recommended ranking of the proposers to Board.
Following the Board's approval of the rankings, the Purchasing Director will commence
negotiations with the firm ranked as most qualified. During such negotiations, the project scope,
services and compensation will be defined. If discussions do not result in an agreed upon
contract, negotiations will end with the proposer and begin with the proposer ranked second by the
selection committee. If negotiations with second-ranked proposer fail, they will begin with the next
ranked proposer.
9:7 Waiver/ Exemption from Competition
Purchases of commodities or services from a single or sole source may be exempted from formal
competition after review by the Purchasing Director and approval by the Board. The following
purchases may have the requirement for competition waived:
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.
14
Packet Page-144-
4/22/2014 11.E.
3. Valid public emergencies (pursuant to Section 25).
n 4. Where it is determined to be in the best interests of the County to do so.
Justification for a waiver may include a) public health or safety emergency; b) item(s) is the only one
(proprietary) available that can properly perform the intended function(s); c)the recommended
vendor/contractor is the only one ready, willing and able to meet the County's requirements; and/or d)
it is determined to be in the best interests of the County.
The County may determine it is in their best interest to waive competition due to an economic
condition such as: responsible economic procurement relieves the County of potential additional
expenses that would result from not making the purchase; use of another supplier would result in
incompatibility or lack of standardization with existing conditions; use of another supplier would
require considerable training, time and money to evaluate; the goods or services are being used in
ongoing long-term projects; and/or the product or service offered is at a substantial discount below
current market conditions and price structures.
Requests for outside legal services will be referred to the County Manager and the County Attorney
for review and comment as to whether said services are necessary and/or appropriate. Requests for
outside legal services may be exempted from formal competition by the Board of County
Commissioners at the request of the County Manager or County Attorney.
The operating department will prepare an executive summary, a completed waiver/exemption form
and supporting documentation and rationale and forward to the Purchasing Director for review. Once
reviewed by the Purchasing Director, the operating department may request Board approval at the
next available agenda. Such waiver requests may be issued for up to four(4) years if requested in
the executive summary and approved by the Board.
9:8 Contractual Documentation
1. Commodities: Contractual documentation may be either a Collier County purchase order or a
formal contract when there are additional terms and/or conditions required as a part of the
purchase(s). Regardless of the instrument used, the document has a binding effect upon the
County.
2. Services: Contractual documentation may be either a Collier County purchase order or a formal
contract when there are additional terms and/or conditions required as a part of the purchase(s).
Regardless of the instrument used, the document has a binding effect upon the County.
3. Professional Services: Contractual documentation may be created in the form of a) a fixed term
agreement/contract, b) a fixed assignment contract, or a c) general professional services contract.
For each form of contract, subsequent purchase orders may be authorized by the Purchasing
Director in accordance with the terms of the contract. Projects cannot be sub-divided to
circumvent the dollar thresholds.
The County may award a continuing contract in accordance with F.S. § 287.055, if the firm
provides professional services to the county for projects in which the estimated construction cost
of each individual project under the contract does not exceed $2 million; for study activity if the fee
for professional services for each individual study under the contract does not exceed $200,000;
or for work of a specified nature as outlined in the contract required by the County. In such cases,
the contract will be either for a fixed term or with no time limitation provided that the contract
includes a termination clause.
15
Packet Page-145-
4/22/2014 11 .E.
All fixed term agreements issued under this section will be eligible for extension or renewal in
accordance with the provisions of the contract. Regardless of the instrument used, the document
has a binding effect upon the County.
9:9 Approvals
Final award will be made by the Board. Prior to award, the Board may consider: a)the ability,
capacity and skill of the bidder/proposer to perform the contract, b) the ability of the bidder/proposer to
perform the contract within the time required or the least time, if appropriate, without delay or
interference, c)the experience and efficiency of the bidder/proposer, d) the quality and performance
of previous contracts awarded to the bidder/proposer, e)the previous and existing compliance by the
bidder/proposer with laws and ordinances relating to the contract, f)the quality, availability and
adaptability of the commodities or contractual services to the particular use required, g)the ability of
the bidder/proposer to provide future maintenance and service (where applicable) and h) litigation
history, references; criminal records; prior, pending or imminent claims or disputes with the County or
other public agencies; as well as comparable relevant information as to the bidder's principals and
affiliated entities.
All recommendations for awards will be reviewed and approved by the Purchasing Director prior to
presentation to the Board of County Commissioners. Bidders/proposers competing for a prospective
award (and their agents/representatives) will not be permitted to publicly or privately address the
Board regarding a prospective purchase prior to the time of award unless requested to do so by the
Purchasing Director or by a majority vote of the Board.
For purchases above the formal threshold, the Purchasing Staff will complete contract negotiations
and forward to the County Attorney for final review and approval. The Board of County
Commissioners will review and authorize contracts pursuant to Section Nineteen: Contract
Administration, subsection F.
SECTION 10: COMPETITIVE BID PROCESS
The competitive bid process is used when the County can fully and sufficiently define the scope of
work for which a contractual service is required or when the County can establish the precise
specifications defining the actual commodity or group of commodities required.
PROCEDURES
A. Notice Inviting Bids:
1. Announcement: Notice inviting bids will be publicly posted by the Purchasing
Department in a consistent public location at least ten (10) days preceding the last day
established for the receipt of bid proposals. Bids may be solicited and/or received in
one or more steps as permitted by law and deemed appropriate by the Purchasing
Director.
2. Public Notice: The public notice required will 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 Purchasing Director will solicit sealed bids from qualified prospective
vendors/contractors who have registered their names on the Collier County Purchasing
Department vendor database, which will electronically send them a notice of the
16
Packet Page-146-
4/22/2014 11.E.
proposed purchase or sale. Notices sent to the vendors/contractors on the Collier
County Purchasing Department vendor database will be limited to commodities or
services that are similar in character and ordinarily handled by the trade group to which
the notices are sent. Vendors/contractors are responsible for maintaining their
company information profiles in the database to ensure proper notifications are
received. Vendors/contractors may be suspended from the database by the
Purchasing Director for continual non-response to formal solicitations and violations of
the Purchasing Ordinance. The Purchasing Director may continue to issue formal
solicitations and accept formal bids, proposals and other tenders using paper where
appropriate.
4. Bid Deposits: When deemed necessary by the Purchasing Director, bid deposits shall
be prescribed in the public bid notices. Said deposits shall be in the amount equal to
five percent of the bid offer submitted unless a greater amount is required. The
Purchasing Director has the authority to return the deposits of all bidders prior to award
of the contract by the Board of County Commissioners. A successful bidder may forfeit
any deposit required by the Purchasing Director upon failure on the vendor's part to
enter into a contract within ten (10) working days after written notice of award.
5. Bid Addenda: An addendum to a specification will 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 will be approved by the Purchasing
Director. The addendum will clearly point out any addition or change to the invitation for
bids. The Purchasing Director will 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 will be submitted manually or electronically to the Purchasing
Director and if manual, the vendor should make every attempt to clearly identified as
bids on the outside of the sealed envelope.
2. Opening: Bids will be opened publicly at the time and place stated in the public notices
and will be opened and witnessed by the Purchasing Director.
3. Tabulation: A tabulation of all bids received will be made either electronically or
manually by the Purchasing Director and available for public inspection according to
Fla. Stat. Sec. 119.07.
C. Tie Bids: Where there are low tie bids, the award process will 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 Purchasing
Director will determine if any of the bidders would be considered a local business as defined under
Section 15 of the Purchasing Ordinance. If one (and only one) of the bidders is determined to be a
local business, then award of contract will be made to that bidder.
D. Resection of Bids and Negotiation:
1. The Board of County Commissioners has the authority to reject any and all bids.
2. Subsequent to applying the procedures set forth under Section 15(2)(a) (where
applicable), if the lowest, responsive bid exceeds the budgeted amount and, if the
17
Packet Page-147-
4/22/2014 11.E.
purchase is not funded in whole or in part with interagency grant dollars, the
Purchasing 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
Purchasing Director will 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
Purchasing 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 has the authority to waive any
and all irregularities in any and all formal bids within lawful guidelines (Section 30: Waiver of
Ordinance).
F. Award of Contract: The Chair or Vice Chair in the Chair's absence, when authorized by
majority vote of the Board, will execute formal contracts having a binding effect upon the County. A
formal contract will be awarded by the Board of County Commissioners to the lowest, 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 Administrative proceedings involving the bidder or bidder's principal.
All recommendations for award for contracts will be reviewed and approved by the Purchasing
Director prior to presentation to the Board of County Commissioners.
SECTION 11: PROCUREMENT OF PROFESSIONAL SERVICES (CCNA)
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).
18
Packet Page-148-
4/22/2014 11.E.
PROCEDURES
A. Competitive Consultants Negotiation Act
1. 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 $200,000; or for work of a
specified nature as outlined in the contract required by the County, with the contract being for a
fixed term or with no time limitation, except that the contract must provide a termination clause.
2. Ranking of firms. The County, through the competitive proposal process, will make a finding
that the firm or individual to be employed is duly qualified to render the required service. The
evaluation committee will review statements of qualifications and performance data submitted in
response to the public solicitation and will select, in order of preference, no fewer than three firms
deemed to be the most highly qualified, if at least three firms respond to the solicitation. If less
than three firms respond, and after meeting due diligence, it is decided by the Purchasing Director
that every effort was made to comply with CCNA requirements, the County will conduct
discussions with, and may require public presentations by, the responding firms regarding their
qualifications, approach to the project and ability to furnish the required services.
3. Evaluation criteria. Pursuant to the CCNA, the evaluation criteria for ranking will 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 will be based on the criteria identified in
the RFP document. For non-continuing contracts or project specific contracts, public presentation
may be required.
4. Public presentation. The evaluation criteria for public presentation may 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.
5. Contract negotiations. The ranking of firms for all CCNA contracts will be presented to the
Board of County Commissioners for consideration and approval. Upon Board approval of firm
rankings, staff will 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 will be terminated and negotiations
with the second ranked firm will commence. If again unsuccessful, the process is repeated with
the next ranked firm. This process is continued until a mutually agreeable contract is concluded or
the project is abandoned, or the procurement process is otherwise terminated.
B. Other Professional Services. Because differences in price may only be a minor concern
compared to qualitative considerations, professional services that fall outside the scope of the
CCNA except as otherwise provided by law and outlined below may be exempted by the
Purchasing Director from the competitive bidding process. Instead, professional services will be
typically acquired through one of the following methods:
1. Competitive Selection and Negotiation as set forth immediately above; or
19
Packet Page-149-
4/22/2014 11 .E.
2. Competitive Proposals (Section 12: Competitive Proposals); or.
3. In addition to the definition set forth in the CCNA, a professional service will 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; or
b. Audit and Accounting Services - auditors and accountants (excepting the selection
of the annual auditor which will be conducted as per F.S. § 11.45); or
c. Consultants - planning, management, technological or scientific advisors; or
d. Financial Services - bond counsel, rating and underwriting, financial advisor, and
investment services; or
e. Legal Services -attorneys and legal professionals; or
f. Medical Services - medicine, psychiatry, dental, hospital, and other health
professionals; or
4. Final selection of the professional service provider(award of contract)will be made by
the Board of County Commissioners.
C. Requests for outside legal services will be consistent with both the Purchasing Ordinance
and the County Attorney's Ordinance (Ord. No. 2013-34). The retention of services from
experts or consultants for purposes of preparing for or defending against imminent or
pending litigation or administrative proceedings will be exempt from all competitive
requirements of the Purchasing Ordinance, and must first be approved by the Board. If time
constraints exist, retentions that do not initially exceed $50,000 may be approved by the
County Attorney and the Purchasing Director, and will be reported pursuant to Section
Seven. Purchases in General.
SECTION 12: COMPETITVE PROPOSALS
The Competitive Proposals process is a method of contract selection that may be utilized when
qualitative considerations are of equal or greater concern than pricing considerations, the conditions
of the purchase do not lend themselves to the formal sealed bid process or the award of a firm, fixed
fee contract, the County cannot specifically define the scope of work for which the commodity(s) or
service(s) is required or when the County desires to enter into a single contract for the design and
construction of a public construction project(s).
PROCEDURES
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 (Section 10: Competitive Bid Process) except where otherwise
stated in this section. The competitive proposals process will proceed as follows:
20
Packet Page-150-
4/22/2014 11 .E.
1. A Request for Proposals (RFP)will be prepared and distributed. Notice of said
request(s)will be publicly posted by the Purchasing Director at least 21 calendar days
proceeding the last day established for the receipt of proposals.
2. Each Request for Proposals will 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)will be subject to the requirements
of Fla. Stat. Sec. 287.055 and Section 13: Procurement of Design-Build Contracts
below.
3. Prior to the announcement and distribution of the RFP, a selection committee will be
appointed by the County Manager to evaluate the proposals received.
The Purchasing Director may solicit and/or receive proposals in one or more steps as permitted by
law. Unless otherwise prohibited by law, the Purchasing Director may solicit and conduct
simultaneous or concurrent negotiations with one or more firms.
SECTION 13: PROCUREMENT OF DESIGN-BUILD CONTRACTS
Procurement for the design and construction of public construction projects may be obtained through
a single contract with a design-build firm selected in a manner permitted under F.S. § 287.055 and
the procedures set forth in this section.
No additional procedures noted.
SECTION 14: SMALL AND DISADVANTAGED MINORITY AND WOMEN-OWNED
BUSINESSES
Collier County stands committed to providing equal opportunities to small businesses and
disadvantaged business enterprises (DBE), minority business enterprises (MBEs) and women
enterprises (WBEs) as well as to all vendors, consultants, contractors and subcontractors who seek to
do business with 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.
PROCEDURES
Compliance with local, state and federal laws as well as the requirements of funding sources is critical
and is the responsibility of all involved in the procurement of goods, services and professional
services. The following list represents some, but not all, of the requirements and/or certifications that
must be considered when procuring goods or services:
14:1 Small and Disadvantaged Minority and Women Business Enterprises
21
Packet Page-151-
4/22/2014 11 .E.
14:2 Federal Debarment, Suspension and Exclusion
14:1 Small and Disadvantaged Minority and Women Business Enterprises
Collier County is committed to providing equal opportunities to small businesses and disadvantaged
business enterprises (DBE), minority business enterprises (MBEs) and women enterprises (WBEs) as
well as to all vendors, consultants, contractors and subcontractors who seek to do business with the
County. To that end, Collier County requests that its vendors, consultants, contractors and
subcontractors 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.
There is no 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 permitted and Collier County will ensure that small businesses and DBEs, MBEs,
WBEs, and all qualified vendors, consultants, contractors and subcontractors have an equal
opportunity to participate in the County's formal competitive processes. However, there is no
preference or set-aside based on gender, race, national origin or any other such factor. Vendors are
encouraged to register their status designation on the County online bidding system.
To implement these standards, Collier County will a) designate a coordinator of this activity to
administer the policy; b) utilize outreach programs to identify, register and educate small businesses
and DBEs, MBEs and WBEs to participate in the procurement/contract process including, such as
trade fairs which include representatives from these enterprises, meetings and social events wherein
these enterprises participate, publications aimed at reaching these enterprises, directories and other
reference sources that list these enterprises; publicize the policy to encourage these enterprises to
participate in the County's procurement process; take other actions designed to identify these
enterprises that seek to provide commodities and services to the County; c) maintain a list of these
enterprises; and d) 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.
The provisions of this section shall be construed in conformity with applicable state and federal law.
To the extent that state law conflicts with federal law, federal law shall supersede such state law.
14:2 Federal Debarment, Suspension and Exclusion
The federal government has also established a system to ensure that agencies do not solicit offers
from or award contracts, grants, or financial or non-financial assistance or benefits to contractors that
have been debarred, suspended, or otherwise excluded from participation in a federally funded
program. For federally funded projects, the operating department must be familiar with the federal
debarment, suspension and exclusion requirements of that program and comply with them throughout
the term of the project. Contractors can be quickly looked up on a federal website that is accessible
from the Purchasing Department Intranet. Information available regarding entities debarred,
suspended, proposed for debarment, excluded or disqualified may include names, addresses, DUNS
numbers, Social Security Numbers, Employer Identification Numbers or other Taxpayer Identification
Numbers, if available and deemed appropriate and permissible to publish by the agency taking the
action.
SECTION 15: LOCAL VENDOR PREFERENCE
Except where otherwise provided by federal or state law or other funding source restrictions or as
otherwise set forth in the Purchasing Ordinance, purchases of commodities and services shall
provide preference to local businesses.
22
Packet Page-152-
4/22/2014 11.E.
PROCEDURES
Except where otherwise provided by federal or state law or other funding source restrictions or as
otherwise set forth in the Collier County Purchasing Manual, purchase of commodities and services
may provide preference to local businesses. The following must be followed:
15:1 Solicitation requirements, including "right to match" process
15:2 Vendor response to solicitations
15:3 Vendor certification and misrepresentation
15:4 Waiver of the application of local preference
15:5 Comparison of qualifications
15:6 Reciprocity
15:7 Administration of these procedures
15:1 Solicitation Requirements
For the formal competitive bid process, each solicitation will 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 price bid and the lowest bid submitted by a qualified and responsive local business
is within ten percent (10%) 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)will have the opportunity to submit an
offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such
instances, staff will first verify if the lowest non-local bidder and the lowest local bidder are in fact
qualified and responsive bidders.
The Purchasing Director will then determine if the lowest local bidder meets the requirements of F.S.
§ 287.087. If the lowest local bidder meets the requirements of F.S. §287.087, the Purchasing
/''• Director will invite the lowest local bidder to submit a matching offer, less one ($1.00) dollar, to the
Purchasing Director which will be submitted within five (5) business days thereafter. If the lowest local
bidder submits an offer that fully matches the lowest bid less one ($1.00) dollar from the lowest non-
local bidder tendered previously, then award will be made to the local bidder. If the lowest local bidder
declines or is unable to match the lowest non-local bid price(s) less one ($1.00) dollar, then award will
be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet
the requirement of F.S. § 287.087, and the lowest non-local bidder does, award will be made to the
bidder that meets the requirements of the referenced state law.
For request for proposals, qualifications or other submittals and competitive negotiation and selection,
the solicitation will include a weighted criterion for local preference that equals ten percent (10%) of
the total points in the evaluation criteria published in the solicitation. Purchases of professional
services under CCNA, which are subject to F.S. § 287.055 and audit and accounting services subject
to F.S. § 11.45 are not subject to this local preference section.
15:2 Vendor Response to Solicitations
Local vendors may receive preference in purchase of commodities and services by means of
competitive bid, request for proposals, qualifications or other submittals and competitive negotiation
and selection if desired by the vendor.
15:3 Vendor Certification and Misrepresentation
Vendors must 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.
Any bidder/proposer who fails to submit sufficient documentation with their bid/proposal offer will not
be granted local preference consideration for the purposes of that specific contract award. 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.
23
Packet Page-153-
4/22/2014 11 .E.
15:4 Waiver of the Application of Local Preference
The application of local preference to a particular purchase or contract for which the Board of County
Commissioners is the awarding authority may be waived upon approval of the Board of County
Commissioners.
15:5 Comparison of Qualifications
Local preferences in no way prohibits 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 in
no way prohibit the right of the County Commission from giving any other preference permitted by law
instead of local preference.
15:6 Reciprocity
In the event Lee County, or any other Florida county or municipality ("local government") deemed
appropriate by the Collier County Board of Commissioners, extends preferences to local businesses,
Collier County may enter into an interlocal agreement with such local government wherein the
preferences of this section may be extended and made available to vendors that have a valid
business tax receipt 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. 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 will 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 must 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 will 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.
15:7 Administration of These Procedures
For purchases of$50,000 or less, the Purchasing Director will a) systematically encourage operating
departments to solicit price quotes from local vendors and b) introduce local vendors to operating
departments as appropriate.
SECTION 16: PAYMENT OF INVOICES
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.
PROCEDURES
24
Packet Page-154-
4/22/2014 11.E.
Except where otherwise provided by federal or state law or other funding source restrictions or as
n. otherwise set forth in the Collier County Purchasing Manual, the payment of the purchase of
commodities, services, and construction services include:
16:1 Credit card payments
16:2 Goods and non-construction services
16:3 Construction services
16.4 Annual report to the Board
16:1 Credit Card Payments
Unless specified otherwise in the contract documents, payments are made in accordance with the
Local Government Prompt Payment Act, F.S. § 218 to the County's credit card financial institution.
Operating departments who utilize the County's credit cards will be expected to review transactions,
research purchase background, attach documentation and reconcile transactions per the County's
CMA 5808 Purchasing Card Program and Procedure.
16:2 Goods and non-construction services
Unless specified otherwise in the solicitation and contract documents, payments are made in
accordance with the Local Government Prompt Payment Act, F.S. §218. In order to expedite
payment, the County recommends that vendor invoices include:
• Purchase Order Number.
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
• Invoices shall not reflect sales tax.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported
by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the
Rules for VISA Merchants and MasterCard Merchant Rules.
Upon execution of the purchase order and completion of the goods or services by the vendor,
operating departments should acknowledge receipt in the County's financial system. Invoices will be
submitted to the Clerk of the Courts Finance Division by the supplier of the goods or services. All
invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is
October 1 -September 30.) Collier County reserves the right to withhold and/or reduce an
appropriate amount of any payment for work not performed or for unsatisfactory performance of
contractual requirements.
Invoices will electronically workflow to the operating department who initiated the purchase order and
submitted for approval to the Board of County Commissioners pursuant to Section Seven: Purchase
in General. After review and approval by the operating department, the invoice will be transmitted to
the Finance Division for pre-payment audit purposes. To ensure compliance with prompt pay laws,
operating departments will process and /or approve valid invoices for goods and services for payment
as quickly as possible.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will entertain
bids clearly stating pricing for standard payment methods. An additional separate discounted price for
traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional .
Cash Discount."
25
Packet Page-155-
4/22/2014 11.E.
In order to support the local vendor community and in compliance with the Fla. Stat. Sec. 218.70,
otherwise known as the "Local Government Prompt Payment Act," establishing payment terms at "net
immediate, unless otherwise determined by Florida Statute." "Net immediate" is defined as the
successful completion of the receipt of products or services by the operating department, a compliant
audit and approval by the Board as per Section 7 of the Purchasing Ordinance (Purchases in
General).
Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of"'aches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying the
amount owed to the vendor or contractor for services performed or for materials delivered in
association with a contract.
16:3 Construction Services
The contractor will submit progress payment invoices, as outlined in the construction document(s), to
the County's project manager(or designee). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in F.S. § 218.735, the project manager, or
designee, shall either: (1) Indicate approval of the requested payment; (2) indicate approval of only a
portion of the requested payment, stating in writing reasons therefore; or(3) return the Application for
Payment to the Contractor indicating, in writing, the reason for refusing to approve payment.
Payments of proper invoices in the amounts approved shall be processed and paid in accordance
with F.S. § 218.735.
The County's project manager will review and validate all documentation and present a copy for
payment to the Clerk of Circuit Court for pre-payment audit purposes. Once pre-audit review has
been satisfied, the Clerk of the Circuit Court will present a disbursement report at the next meeting to
the Board of County Commissioners for final review and approval.
16:4 Annual Report to the Board
Each December, the Purchasing Director and the Clerk of the Courts Finance Director shall prepare
an executive summary and submit a report to the Board listing the number and total dollar amount of
interest penalty payments made during the preceding fiscal year pursuant to F.S. § 218.
SECTION 17: 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.
PROCEDURES
26
Packet Page-156-
4/22/2014 11.E.
As provided for in the Purchasing Ordinance, advanced, and F.S. § 28.235 and adopted by the
State's Chief Financial Officer's Adopted Procedures, advanced payments will be authorized and
issued unless otherwise required by the Board.
SECTION 18: STANDARDIZATION, COOPERATIVE PURCHASING ORGANIZATIONS AND
GOVERNMENTAL CONTRACTS
Where standardization is determined to be desirable by the Board of County Commissioners or
included in the Purchasing Manual, the purchase of commodities may be made by negotiation with
the approval of the purchase by the Board.
Annually, the Board of County Commissioners will approve a list of authorized purchasing cooperative
organizations and governmental schedules and contracts. The Purchasing 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.
Additionally, the Purchasing 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.
PROCEDURES
To secure purchases efficiently and economically, the Purchasing Director will evaluate whether a
purchase may be made by using a State of Florida or Federal GSA competitively bid or negotiated
contract, a competitively solicited cooperative contract or a pre-existing competitive contract from
another unit of government. The Purchasing Director will verify that such cooperation will result in a
fiscally competitive event and create process efficiencies resulting in the best interest of the county.
On an annual basis, the Purchasing Director will create an executive summary for Board approval for
the use of competitive purchasing cooperative organizations and government contracts. Operating
departments may use these contracts with no additional Board approval provided there is operating
department budget. The Purchasing Director shall execute agreements on behalf of the Board of
County Commissioners, and report the purchase as described in Section 7: Purchases in General.
For purchases made using Board approved cooperative or government contracts a requisition is
entered referencing the Board approved Executive Summary and any supporting quote or contract
documentation by the operating department. As long as there is sufficient documentation, no
additional action will be required.
Operating departments using cooperative or governmental contracts which have not been Board
approved that are within the informal competitive threshold must be approved in advance by the
Purchasing Director. Attachments to the requisition may include Cooperative Governmental /
Consortium Agreement form, quote information, bid tabulation or selection scoring/ranking, prices,
contract, etc.
Purchases using cooperative or governmental contracts which have not been Board approved that
n exceeds the formal competitive threshold will be drafted and submitted on an executive summary by
the operating department. Templates of executive summaries that include all required considerations,
as described below, are maintained by the Purchasing Director and made available on the Purchasing
27
Packet Page-157-
4/22/2014 11.E.
Department Intranet. Attachments to the executive summary Cooperative Governmental / Consortium
Agreement form, quote information, bid tabulation or selection scoring/ranking, prices, contract, etc.
In authorizing all such purchases under pre-existing agreements, the Purchasing Director will
determine if a) the solicitation, terms and conditions of the purchase were competitive in the market
and favorable to the County, b)the existing contract was publicly competed, procured by another
public entity, or procured by a recognized public cooperative purchasing entity using a procedure
substantially similar to those of Collier County, c) the existing contract is active at the time of order, d)
the products and/or scope of services offered to the County are substantially similar to that in the
existing contract, and e)where applicable, certificates of insurance and/or contract-related bonds
have been obtained in accordance with prevailing County standards and state statutes.
SECTION 19: CONTRACT ADMINISTRATION
Every procurement of contractual services or commodities, with the exception of the County's
purchasing card (SECTION 27: PURCHASING CARD PROGRAM), shall be evidenced by a written
document containing all provisions and conditions of the procurement. Said document shall include,
but not be limited to:
1. A listing of the scope of services to be performed or commodities to be purchased.
2. A provision specifying the criteria and the final date, or number of days, by which such criteria
must be met for completion of the work.
3. A provision specifying the terms of cancellation by the County and where applicable, a provision
specifying the terms of renewal.
4. Where applicable, a provision establishing the appropriate types and levels of insurance to be
carried by the vendor. Said provision shall be employed in a manner consistent with minimum
insurance standards approved by the Board of County Commissioners.
5. A provision requiring the contractor/vendor to inform the County if he/she has been convicted of a
public entity crime subsequent to July 1, 1989.
A purchase order that embodies these provisions shall be sufficient documentation of the
procurement. Except as otherwise provided in the Purchasing Ordinance, the Purchasing Director
shall determine the circumstances under which a Board approved purchase order (and all
documents included by reference) shall serve as the contract document.
PROCEDURES
Every procurement of goods or services will be administered by the operating department. The
Purchasing Director may determine the contractual document required for each circumstance.
Effective administration of contracts generally contains one or more of the following requirements:
19:1 Terms and conditions
19:2 Clear procedures for the distribution of work among contractors, vendors or consultants
where multiple awards are issued
19:3 Procedures for orders or requests for goods, services and professional services
19:4 Procedures for modifying terms and conditions
19:5 Procedures for extending a contract
19:6 Notices
19:7 Contract renewal
19:8 Contract approvals
19:9 Fixed Term Purchase Orders (not under CCNA)
28
Packet Page-158-
4/22/2014 11.E.
19:10 Consent to assignments of contract
19:11 Payments to contractors, vendors and consultants
19:12 Contract Claims
19:1 Terms and Conditions
Within the contract document, the following items may be referenced: a) a listing of the scope of
services to be performed, commodities to be purchased, or a reference to the solicitation scope of
services; b) a timeline provision outlining the start, end and final date by which the scope of work will
be completed; c) a provision specifying the cancellation terms and, where applicable, a provision
specifying the terms of renewal; d)where applicable, a provision establishing the appropriate types
and levels of insurance to be carried by the vendor consistent with minimum insurance standards
approved by the Board of County Commissioners; and e) where applicable, pursuant to F.S. §
287.133, a provision requiring the contractor/vendor to inform the County if they have been convicted
of a public entity crime subsequent to July 1, 1989.
19:2 Multiple Awards and Distribution of Work
In the event that one or more vendor under the same solicitation is to be awarded a contract, the
method for distributing work under the contract(s) will be identified in the executive summary and the
contract. Methods for such distribution may include: a) award specified scope/items to specified
vendors; or b) award the work to a primary and secondary vendor; or c) for purchases exceeding an
identified amount approved by the Board, solicit quotes from all vendors under contract and award the
work based upon the lowest, responsive quote; or d) rotate through all vendors awarded; or e) other
methods as identified in the Executive Summary and approved by the Board.
19:3 Procedure for Orders or Requests for Goods and Services
For each form of contract, subsequent purchases may be authorized by the Purchasing Director in
n accordance with the terms of the contract and in accordance with the operating department's
approved budget.
To ensure conformance with the specifications of a purchase order for goods or services, the
operating director will ensure proper steps are taken in each operating department to inspect the
deliveries of commodities or services. Operating departments will inspect all deliveries to ensure the
correct and quality products are received. If necessary, the operating director may require chemical
and physical tests to ensure conformity with specifications.
Purchase and work orders issued prior to the expiration of a contract shall be considered valid until all
products or services have been fully delivered and received by operating staff. Invoices received for
this work, after the successful audit and approval by the Board, will be eligible for payment to the
vendor.
19:4 Procedures for Modifying Terms and Conditions
Contracts may be modified after award, however the procedure varies depending on the initial dollar
amount of the award and/or the degree of change expected in the dollar amount. Changes, additions,
deletions, or other modifications to contracts or orders that do not exceed the Board approved dollar
amount by ten (10) percent will be reported by ratification to the Board via an administrative reporting
process by the Purchasing Director.
To process such requests, operating department contract managers will follow the guidelines for
completing the contract/purchase order modification form available on the Purchasing Department
Intranet page. A checklist will guide the project manager through development of the Contract
Modification Form. To complete the report, the Purchasing Director may require contract managers
to:
a. Identify who initiated the change request;
29
Packet Page-159-
4/22/2014 11.E.
b. Describe the nature of the change;
c. Identify whether the change is related to a contract, CCNA purchase order or non-CCNA
purchase order;
d. Perform an analysis of the hard and soft costs associated with the change and the
appropriateness of each;
e. Describe the benefits of the change, the impacts of the change and whether the change is
consistent with the existing project scope, terms and conditions;
f. Document and justify the change;
g. Identify consequences for not proceeding with the change; and/or
h. Identify the category of change (planned or elective, unforeseen conditions/circumstances,
quantity or price adjustment, correction of error, value added and/or schedule adjustment).
The operating department will be required to certify the validity of the change and will have the
Division Administrator approve the modification form. The operating department may not move
forward until the form is approved and signed by the Purchasing Director. For all changes under the
threshold described above, the Purchasing Director prepares the monthly report for approval by the
Board at the first meeting of each month. Any purchase orders and/or contracts that exceed that
amount subsequent to award and prior to completion of the work will be Board approved via executive
summary. Templates of executive summaries that include all required considerations are maintained
by the Purchasing Director and made available on the Purchasing Department Intranet. The
Purchasing Director will review each executive summary and associated documents and will approve
each item for inclusion on the Board agenda. Operating departments should allow up to 4 weeks for
processing a Board approved contract amendment due to the review and approval process leading up
to the agenda deadline.
If included in the solicitation and/or contract documents, the County Manager or designees may
approve additional line items, tasks or positions within a solicitation or work order's scope of work n
within Board approved contracts, and/or issue notices to proceed, stop work orders, suspension of
work, resumption of work, work directives, use of allowances, retainage releases, zero dollar change
orders, zero dollar changes by letter and other contract modification methods under established
contract change matrix, etc., and the Purchasing and operating staff will retain documentation in the
financial system for future auditing purposes. Modifications to a Board approved purchase, contract
or work order, including but not limited to, change orders, supplemental agreements, amendments
and changes by letter may be authorized and executed by the County Manager or designee provided
that the change amounts to no more than 10 (ten) percent of the current Board approved amount.
19:5 Procedure for Extending a Contract
Extension(s) of a Board-approved contract for commodities or non-construction services may be
requested by the operating department to the Purchasing Director in writing for a period not to exceed
six (6) months (cumulatively) and will be subject to the same terms and conditions set forth in the
initial contract. The Purchasing Director may authorize and execute all such extensions. Any
extension(s) that exceed the contract terms and conditions or greater than six months (cumulatively)
will be approved by the Board of County Commissioners.
19:6 Notices
Notices issued under a purchase order or contract may be authorized and executed by the
Purchasing Director.
Other notices, such as notices to proceed, stop work orders, suspension of work, resumption of work,
work directives, retainage releases may be delegated by the County Manager or designees; copies of
all documents must be provided to the Purchasing Director and retained in the financial system by the
operating department.
30
Packet Page-160-
4/22/2014 11.E.
This is not applicable to term contracts or blanket purchase orders where the County desires to
n procure commodities and/or services on an as needed basis without having to obligate itself to a total
contract amount. Rather, such purchases will be based on fixed unit prices or other predetermined
pricing methods and will be limited in quantity by the amount of funds appropriated in the budget of
the operating department (s). Such purchases will be subject to all other provisions of the policy.
Notices that terminate an entire purchase or contract that was Board approved, and contract
modifications that increase the total contract amount beyond the limits set forth above as applicable,
will require the approval of the Board of County Commissioners or as otherwise provided for in the
policy. The Board has authority, within the limits of the law, to evaluate and approve any
recommended contract modification without requiring further competition. All deductive changes
pertaining to the use of direct material purchases, including those that reduce the contract amount by
more than ten (10) percent below the current Board approved contract amount will be reported to the
Board monthly as part of the monthly contract changes report and will not require prior Board
approval.
19:7 Contract Renewal
The Purchasing Director may authorize and execute renewals of contracts for commodities, non-
construction services, or professional services subject to the following conditions: a) the contractor
has performed in a satisfactory manner and the Purchasing Director has received a request to renew
from the operating department verifying the contractor's satisfactory performance; b)the agreement is
renewed subject to the terms and conditions set forth in the initial contract; c) increase or decrease of
prices and terms of any contemplated renewals are included in the invitation to bid, request for
proposals, or contract; and d) the renewal is done on an annual basis, commencing at the end of the
initial contract period. Any such contracts will not be renewed for more than three (3) years unless
competitively procured. 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.
19:8 Contract Approval
All formal, bilateral contracts for commodities and services in excess of the formal competitive
threshold must be authorized by the Board of County Commissioners unless otherwise determined by
the Board.
The Purchasing Director (as designated by the County Manager) signs agreements for purchases,
including maintenance agreements less than fifty thousand dollars ($50,000) for which vendors
require a signed non-standard agreement, memorandum of understanding, contract, etc., and for
Board approved annual cooperative organizational memorandums of understanding, usage
agreements, etc. The Purchasing Staff will finalize terms and conditions and forward those
documents to the County Attorney for final review and approval. Purchases will be reported on the
expenditure report per Section 7 of the Purchasing Ordinance (Purchases in General).
19:9 Fixed Term Purchase Orders (Not Under CCNA)
The Purchasing Director may authorize and execute any purchase order under a fixed term contract if
the work is equal to or below such Board approval parameters as set forth in either the Board
approved term contract for services under which the purchase order is generated, the solicitation
document(s)that resulted in the contract or the executive summary that pertains to the contract.
Modifications to a purchase order may be authorized and executed by the Purchasing Director,
provided that the total value of the purchase order, including the modification, does not exceed
$200,000.
19:10 Consent to Assignments of Contract
31
Packet Page-161-
4/22/2014 11.E.
For all contracts which exceed the formal competitive threshold, the Board of County Commissioners
must approve all assignments of contracts requested by the predecessor contracting party. For all
assignment of contracts below the formal competitive threshold, the operating departments must
obtain approval by the Purchasing Director.
To process contract assumptions, assignments or name changes, the Purchasing Director will work in
cooperation with the operating departments and vendors to secure the legal documents which
outlines the change. After review by the County Attorney, the Purchasing Director prepares the
executive summary for approval by the Board.
19:11 Payments to Contractors, Vendors and Consultants
The Purchasing Director will ensure the terms and conditions related to payments are incorporated
into all contracts in compliance with applicable laws and with the solicitation documents. These terms
and conditions may include a) expectations for timely payment, b) retainage, c) payment of freight and
delivery, d) procedure for minor variances, e) procedure for submittal of invoices, including required
documentation, f) procedure for resolution of disputes and g) report of interest penalty payments.
The terms and conditions for timely payment will be outlined in the contract, however, in the event that
a contractor or vendor provides products and services accepted by the County, but fails to submit an
invoice for payment of products/services within six (6) months of acceptance of the work, the
Purchasing Director has the authority to reject the invoice under the legal doctrine of"laches" as
untimely submitted and the County will have no further obligation to pay the invoice. Payment of
commodities, services or leases must comply with F.S. § 218.70, otherwise known as the "Local
Government Prompt Payment Act."
For construction contracts, the Purchasing Director may establish procedures to reduce to five (5)
percent the amount of retainage withheld from each subsequent progress payment issued to a
contractor where applicable in accordance with F.S. § 218.735 (8). The Purchasing 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. Reduction of retainage is subject to
the following: a)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)"; b) any decision to reduce retainage will be formally communicated in a letter to
the contractor's appropriate representative that affirmatively states that the contractor has performed
the contract work in a satisfactory manner; c) the cumulative retainage not be adjusted until at least
fifty (50) percent of the work has been completed and payment has been issued; and d) the
Purchasing Director's letter expressly setting forth the percentage of cumulative retainage to be held
for the remaining pay requests.
The Purchasing Director may authorize the partial release or payment of contract retainage to the
contractor prior to final completion of all project work provided that: a) the contractor has performed in
a satisfactory manner to date, b)the total aggregate work under the agreement is at least fifty (50)
percent completed and accepted (i.e.; payments equaling at least fifty (50) of the contract amount less
retainage have been issued); c) 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.
The Purchasing Director may authorize the payment of freight and delivery charges that are not
specifically identified on the purchase order.
32
Packet Page-162-
4/22/2014 11.E.
The Purchasing Director may authorize minor payment variances between the purchase order and
n invoice that do not exceed five (5) percent of the purchase order amount or five hundred dollars
($500), whichever is less.
19:12 Contract Claims
All actual or prospective claims arising against the County from contractors, vendors or any other
party in direct contractual relationship with the County to provide commercial commodities, services or
professional services will first be directly addressed by the parties' administrative representatives in a
manner consistent with the agreement between the parties and in accordance with the Collier County
Purchasing Manual.
For any prospective or actual claims or disputes arising under any contract entered into by the
County, the Purchasing Director may arbitrate or mediate the claim or dispute or may appoint an
independent third party to do so within the authorization threshold limits. Nothing herein shall be
construed as a waiver of any right or remedy that the County may have at law or in equity relative to
any contract or purchase order.
SECTION 20: PERFOMANCE 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 as otherwise deemed
necessary by the Purchasing 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 Finance Department.
PROCEDURES
A contractor, vendor or consultant must provide an insurance requirements and 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, required by
statute or as otherwise deemed necessary by the County Manager. 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 will be approved as to form by the
County Attorney.
Insurance requirements routinely include worker's compensation, employer's liability, commercial
general liability, indemnification, and automobile liability, along with procurement specific coverage.
Prior to the execution of the work, specific requirements will be identified and the County must be
named as an additional insured.
If using a cooperative agreement, staff must ensure contract-related bonds and / or insurances have
been obtained in accordance with prevailing County standards and state statutes.
If the Purchasing Director has determined that a bid deposit is required, it may be specified in the
n solicitation that such bid deposit may include bid bonds, certified checks, or other security as provided
by F.S. §255.051.
33
Packet Page-163-
4/22/2014 11 .E.
SECTON 21: UNAUTHORIZED PURCHASES
All purchases made shall be consistent and in compliance with the Purchasing 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.
PROCEDURES
County employees and officers are expected to ensure they do not intentionally make a purchase of
commodities or services or execute a contract for commodities or services in conflict with the
Purchasing Ordinance.
21:1 Purchases made contrary to policy
21:2 Rectifying violations
21:3 Consequences for violations
21:1 Purchases Made Contrary to Ordinance
Any purchase or contract made contrary to or in violation of the Purchasing Ordinance may not be
valid and may not be approved, therefore not binding the County in any way.
21:2 Rectifying Violations
When a purchase transaction is found to be in violation of the Purchasing Ordinance, the County
Manager will consider the facts pertaining to the transaction, and in consultation with the operating
department director, may determine that it is in the best interests of the County to proceed with the
purchase and will determine any conditions to be placed on the purchase or contract. If a
determination is made to proceed with the purchase, the purchase will be evaluated based on
purchasing thresholds to determine the method for Board approval.
21:3 Consequences for Violations
All employees making purchases in violation of the Purchasing Ordinance are subject to CMA 5311.1
-2 Standards of Conduct, failure or refusal to abide by the administrative procedures or business
operations procedures set forth in the Human Resources Practices and Procedures may be cause for
disciplinary action up to and including discharge.
SECTION 22: PROHIBITION AGAINST SUBDIVISION
No contract or purchase shall be subdivided to avoid the requirements of the Purchasing Ordinance or
of State law.
No additional procedures noted.
SECTION 23: PROTEST OF BID OR PROPOSAL AWARD
It is the policy of the Board 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.
34
Packet Page-164-
4/22/2014 11 .E.
PROCEDURES
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 Purchasing
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) business days, after the
first publication, whether by posting or formal advertisement of the solicitation. The formal written
protest shall be filed within five(5) business 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 Purchasing
Director will render a decision on the formal protest and determine whether postponement of the
bid opening or proposal/response closing time is appropriate. The Purchasing Director's decision
shall be considered final and conclusive unless the protesting party files an appeal of the
Purchasing 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 Purchasing Director within two (2) business days 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 Purchasing Director for a decision. Said protests shall be submitted within five (5) business
days from the date that the notice of intent to protest is received by the Purchasing 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:
1. Name and address of County Agency affected and the solicitation number and title.
2. The name and address of the protesting party.
3. A statement of disputed issues of material fact. If there are no disputed material facts, the
written letter must so indicate.
4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations,
statutes, and constitutional provisions entitling the protesting party to relief.
5. The protesting party's entitled demand for the relief.
6. Such other information as the protesting party deems to be material to the issue.
The formal protest shall contain all arguments, facts or data supporting and advancing the
protestor's position. Under no circumstances shall the protestor have the right to amend,
supplement or modify its formal protest after the filing thereof. Nothing herein shall preclude
the County's authority to request additional information from the protesting party or other
35
Packet Page-165-
4/22/2014 11 .E.
bidders or proposers in conjunction with the review and rendering of decisions on the protest,
including any subsequent appeal.
E. In the event of a timely protest of contract award consistent with the requirements of this section,
the Purchasing Director shall not proceed further with the award of the contract until all
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 Purchasing 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 Purchasing
Director shall be final and conclusive unless the protesting party delivers a subsequent written
notice of appeal to the Purchasing Director within two (2) business days from the date of receipt of
the decision. In filing a written objection to the Purchasing Director's decision, the protestor shall
not introduce new arguments or alter in any other way their protest submission. An appeal of the
Purchasing 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.
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
Purchasing Director's decision. If a Independent Hearing Officer is not appointed, the award
recommendation will be presented to the Board, along with all supporting documentation.
The Hearing Officer's review shall be limited to the grounds set forth in the formal protest, and
shall be for the purpose of determining whether the County's intended action is arbitrary,
capricious, illegal, dishonest or fraudulent. The protesting party shall have the burden of proof.
The Hearing Officer shall consider the formal protest, the Purchasing 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 shall 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.
36
Packet Page-166-
4/22/2014 11 .E.
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 Purchasing 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 Purchasing Director's initial finding, the protesting
party shall submit a non-refundable filing fee for the purpose of defraying the costs of
administering the protest. The filing fee shall be submitted with the formal protest. Failure to pay
the filing fee shall result in the denial of the protest. The amount of the filing fee shall be as
follows:
Estimated Contract Amount Filing Fee
$250,000 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 24: CONTRACT CLAIMS
All actual or prospective claims arising against the County from contractors, vendors or any other
party in direct privity with the County to provide goods or services shall first be directly addressed by
the parties' administrative representatives in a manner consistent with the agreement between the
parties and in accordance with the County's Procedures Manual.
For any prospective or actual claims or disputes arising under any contract entered into by the
County, the Purchasing Director may arbitrate or mediate the claim or dispute or may appoint an
independent third party to do so within the authorization threshold limits of this policy.
No additional procedures noted.
SECTION 25: EMERGENCY PROCUREMENT AND BOARD ABSENCE
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
37
Packet Page-167-
4/22/2014 11 .E.
necessary, the County Manager shall authorize the Purchasing Director to secure by open market
procedure as herein set forth, any commodities or services. The County Manager shall have the
authority to take actions including, but not limited to the issuance of contracts, change orders, and/or
supplemental agreements. Any action shall be reported at the first available meeting of the Board of
County Commissioners. The County Manager under the same consultations noted above shall
further be authorized to approve payment(s) to vendors at the time of or shortly after purchase should
the circumstances warrant. These payments shall be reported at the first available meeting of the
Board.
This section in no way constrains the provisions of Collier County's Civil Emergency ordinances or
powers and authority pursuant to Fla. Stat. ch. 252, Emergency Management.
PROCEDURES
Purchase of goods or services may be accomplished during valid public declared or undeclared
emergencies or during the Board's absences given the following considerations:
25:1 Emergency circumstances
25:2 Emergency purchases under the formal competitive threshold
25:3 Emergency purchases over the formal competitive threshold
25:4 Process and forms
25:5 Reporting requirements
25:1 Circumstances
Emergency and Board absence purchases generally apply to circumstances where the immediate
purchase of commodities and/or services is required to protect the health, safety, welfare or other
critical interests of the County and/or the general public.
25:2 Purchases Under the Formal Competitive Threshold
In the case of any emergency or during Board absences where immediate purchase of commodities
or services equal to or less than $50,000 is necessary, the Purchasing Director may secure such
services and commodities by open market procedure as herein set forth.
For purchases of one thousand dollars ($1,000) or less, the operating department may use a
purchasing card or issue a purchase order to a vendor capable of performing the work or delivering
the commodities needed without additional competition. The operating department should first
attempt to contract with a vendor already under a fixed term agreement with the County.
For purchases of one thousand ($1,000) or more, but equal to or less than the $50,000 threshold, the
operating department must inform the assigned purchasing professional to determine whether the
purchase(s) must be made on an emergency basis, with which vendor(s), the terms and conditions of
the purchase(s) and how the purchase order(s) will be transacted. For emergencies that occur after
regular business hours, on weekends or County holidays and where a vendor must be engaged prior
to the next business day, the operating department may contact a vendor and with the verbal approval
of an authorized signatory within their department may order the required commodities or services
immediately. If this occurs, the operating department is responsible for a) reporting any and all such
orders immediately to the assigned purchasing professional (including all terms and conditions) on the
first business day after the order was placed to determine how to codify and complete the order(s), b)
clearly justifying to the assigned purchasing professional why the purchase had to be transacted
without prior notification, and c)first attempting to utilize vendors already under contract with the
County so as to minimize contractual risk to the County. All such purchases requested by the
38
Packet Page-168-
4/22/2014 11 .E.
operating department must have approval of all signatories with responsibility for approving purchases
under the assigned fund center(s).
25:3 Purchases Over the Formal Competitive Threshold
In the case of an emergency or during Board absences where the immediate purchase of
commodities or services in excess of the formal competitive threshold becomes necessay, the County
Manager is empowered to authorize the Purchasing Director to secure by open market procedure as
herein set forth, any commodities or services. The County Manager has the authority to act in the
case of any emergency including the issuance of emergency change orders/supplemental
agreements. The County Manager will further be authorized to approve payment(s)to vendors at the
time of or shortly after purchase should the circumstances warrant.
25:4 Process and Forms
All purchases made in accordance under with this section will be transacted using a requisition form
within the financial management system or a manual "Emergency Purchase Order" form (or EPO).
The operating department as to which form to use relative to each emergency situation. The
operating department will provide a written explanation on either the manual EPO form or on the
requisition as to the nature of the emergency, terms and conditions and the Board approval date (if
applicable).
For purchases above the competitive threshold, the operating department is responsible for obtaining
the signatures of the department director, division administrator, the Purchasing Director and the
County Manager.
25:5 Reporting Requirements
The operating department is responsible for preparing and submitting an executive summary to report
the purchase to the Board at the first available meeting if the purchase was not made from a
contracted vendor and if the purchase exceeded the competitive threshold. Purchases made citing a
contract vendor or less than the competitive threshold will be reported pursuant to Section Seven.
Purchases in General.
This section in no way constrains the provisions of Collier County Ordinance No. 84-37.
SECTION 26: INSPECTION AND TESTING
The Purchasing 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.
PROCEDURES
Inspection by Operating Department: The Purchasing Director authorizes operating departments to
inspect all deliveries made to such operating departments under rules and regulations which the
Purchasing Director shall prescribe.
Testing: The Purchasing Director has the authority to require chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary to determine their quality and
conformance with specifications. In the performance of such tests, the Purchasing Director has the
n authority to make use of laboratory facilities of any Agency of the County or of any outside laboratory.
39
Packet Page-169-
4/22/2014 11 .E.
SECTION 27: PURCHASING CARD PROGRAM
The Purchasing Director shall be responsible for the overall management and operation of the
County's purchasing card program. 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 8: Purchases under$50,000. The Purchasing Director shall be authorized to assign cards to
employees for these purchases.
PROCEDURES
The County's Purchasing Card Program is intended to provide a method for employees to
conveniently purchase items while meeting the valid public purpose standards. As such, employees
who use the card and all purchases made with the card must comply with Collier County Purchasing
Manual, and be for a) county business only, b) items not specifically prohibited in Account Restrictions
and c) cost effective purchases that meet the County's business needs. Detailed guidance is found in
CMA 5808 and Purchasing Card Procedures.
27:1 Responsibilities
27:2 Limits
27:3 Sales tax compliance
27:4 Rebates
27:5 Fixed Assets
27:1 Responsibilities
The Purchasing Director is responsible for the overall management and operation of the County's
purchasing card program, however, operating department directors have oversight and responsibility
for a) purchases made with cards assigned to their department, b) authorizing the use of purchasing
cards, c) management of transactions in the financial system, and d) taking corrective steps if
necessary.
27:2 Limits
For a single transaction, the limit is one thousand dollars ($1,000) per transaction per card unless
otherwise authorized by the Purchasing Director. The monthly spending limit is ten thousand dollars
($10,000) per card unless otherwise authorized by the Purchasing Director. The Purchasing Director
may utilize a purchasing card to place orders that exceed the limits if a) the purchase is to address a
valid public emergency; b) the County will earn revenue through card program rebates; or c) a vendor
is requiring the County to order by purchasing card.
27:3 Sales Tax Compliance
Pursuant to F.S. § 212.08(6), County purchases transacted with vendors within the State of Florida
are exempt from the state sales and use tax. In such instances, it is the responsibility of the
cardholder to provide the vendor with the appropriate tax exemption information when the card is
presented to the vendor. In the event that the vendor refuses to grant the tax exemption when the
card is presented, the cardholder is authorized to allow the tax to be charged to the card. The
cardholder must document the refusal reason/explanation provided by the vendor and submit
documentation to the Purchasing Director. The Purchasing Director will review the merits of the
explanation provided and determine if it is cost effective to seek credit for the sales tax if the total sale
does not exceed three hundred dollars $300. If the total sale exceeds three hundred dollars ($300),
the cardholder's department director is responsible to ensure the tax is returned to the County for the
purchase.
40
Packet Page-170-
4/22/2014 11 .E.
27:4 Rebates
n All purchasing cards rebates will be credited to the general fund unless otherwise specified by the
County Manager. It is also important to note that many funding sources consider such rebates to be
program income and may require such rebates to be reinvested in the grant funded program or
project. Refer to funding source guidelines to confirm.
27:5 Fixed Assets
All fixed assets purchased using a purchasing card will be properly recorded and tracked through the
Fixed Assets Section of the Clerk of Courts Finance Division and in accordance with CMA 5809.
SECTION 28: 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.
No additional procedures noted.
SECTION 29: 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 the Purchasing Ordinance
A. Definition of Terms: For the purposes of this section, the following terms have been defined
as follows:
1. 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.
3. Contractor means any individual or legal entity that:
a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is
awarded, or reasonably may be expected to submit offers for or be awarded, 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.
41
Packet Page-171-
4/22/2014 11.E.
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 is any individual or legal entity that offers or agrees to provide
commodities or services to a party deemed to be a contractor under this section.
8. Suspension refers to action taken by the Purchasing Director to temporarily disqualify a
contractor from County contracting or County-approved subcontracting pending action
of the Board.
B. Suspension: The Purchasing 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 determining the debarment period. The
suspension period shall not exceed three months without the approval of the County Manager.
C. Debarment:
1. Causes for Debarment: The prospective causes for debarment include one or more of
the following:
a. Conviction for commission of a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract.
b. Conviction under state or federal law of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other
offense indicating a lack of business integrity or business honesty which
currently, seriously and directly affects responsibility as a contractor.
c. Conviction under state or federal antitrust laws arising out of the submission of
bids, proposals or other competitive offers.
d. Violation(s) of County contract(s) provisions, which is (are) deemed to be
serious and to warrant debarment, including the failure, without good cause, to
perform in accordance with the terms, conditions, specifications, scope,
schedule or any other provisions of the contract(s).
e. Refusal to provide bonds, insurance or other required coverage and
certifications thereof within a reasonable time period.
f. Refusal to accept a purchase order, agreement or contract, or perform
accordingly provided such order was issued timely and in conformance with the
solicitation and offer received.
g. Presence of principals or corporate officers in the business of concern, who
were principals within another business at the time when the other business
was suspended or debarred within the last three years under the provisions of
this section.
h. Violation of the ethical standards set forth under applicable state or county
laws.
Debarment of the contractor by another public agency.
j. Any other cause deemed to be so serious and compelling as to materially affect
the qualifications or integrity of the contractor.
2. Procedure:
a. The county department requesting the suspension or debarment action shall
submit to the Purchasing Director a written complaint setting forth the reason(s)
for seeking debarment and shall identify a recommended debarment period.
42
Packet Page-172-
4/22/2014 11.E.
b. The Purchasing Director shall review the complaint, verify whether it is
compliant with the provision of the Purchasing Ordinance, direct any
appropriate changes and forward the complaint to the contractor.
c. The contractor shall review the complaint and shall provide a written response
(with supporting documentation) to each allegation. The response shall be
provided to the Purchasing 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.
d. In the event that the contractor files a timely and complete response to the
complaint and the suspension or debarment action is based upon a conviction,
judgment or other event(s) where there is no significant dispute over material
facts, the Purchasing Director shall determine the period of recommended
suspension or debarment on the basis of the undisputed material information
set forth or referenced in the complaint, the contractor's reply and the
parameters set forth in this section. In the event that the Contractor objects to
the Purchasing Director's recommendation, the Contractor shall have a
maximum of three business days to file an appeal of the debarment decision
with the Purchasing Director. The appeal will be forwarded to and considered
by the County Manager, who will review the record compiled by the initiating
department and the contractor. Should the County Manager overturn the
Purchasing 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 Purchasing Director will
convene a committee (hereinafter referred to as "the committee") consisting of
at least three individuals who will review the complaint and the contractor's
reply. The County Manager shall formally appoint the committee, which will
generally consist of county employees, none of whom shall be a member of the
department initiating the complaint. At the discretion of the County Manager, a
member from private industry with a particular area of relevant expertise may
be appointed to the committee, provided that this member is not a direct or
indirect competitor of the firm in question. The Office of the County Attorney
shall appoint a representative to attend the hearing. 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 Purchasing 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 Purchasing Director shall chair the committee and serve as the Purchasing
Department's representative to the committee. The Purchasing Director shall
preside over and facilitate the deliberations of the committee as a non-voting
member and serve as the County's liaison to the Contractor. All voting
committee members are prohibited from having any communication regarding
the issue outside the committee deliberations with any of the parties involved in
the specific suspension or debarment or their representatives until after the
committee decision has been issued or, in the event of an appeal of that
decision by the contractor, until the conclusion of the appeal process. All
committee deliberations are subject to F.S. § 286.011.
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
43
Packet Page-173-
4/22/2014 11.E.
preponderance of the evidence. Should the contractor fail to appear at the
hearing, the contractor shall be presumed to be unqualified and or non-
responsive and shall be subject to suspension or debarment. The committee
decision shall be by a majority vote of those voting members in attendance.
The committee shall be the sole trier of fact. In the event that the committee
decides to impose suspension or 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 Purchasing 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 Purchasing Director. The appeal will be forwarded to and
considered by the County Manager, who will review the record compiled by the
initiating department, the contractor and the committee. Should the County
Manager overturn the committee's decision; the County Manager shall formally
cite the reasons for doing so.
Final recommendation for debarment shall be approved by the Board.
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.
The contractor's request shall be submitted to the Purchasing 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.
Departments shall not solicit offers from, award contracts to, or consent to
subcontractors with debarred contractors, unless the County Manager in
consultation with the Board Chair or Vice-Chair determines that emergency or
single source conditions exist and grants written approval for such actions.
44
Packet Page-174-
4/22/2014 11 .E.
Debarred contractors are excluded from conducting business with the County
as agents, representatives, subcontractors or partners of other contractors.
b. The Purchasing Department shall notify all Board departments of the final
debarment decision and the effects of that decision with regard to conducting
business with the debarred entity(ies) during the debarment period.
5. Continuation of Current Contracts:
a. Departments may not renew or otherwise extend the duration of current
contracts with debarred contractors in place at the time of the debarment unless
the Board determines that it is in the best interests of the County to allow the
contractor to continue or finish the work within an additional, limited period of
time.
b. Debarment shall constitute grounds for terminating an open agreement with a
contractor. However, the contract manager may, with Board approval, permit
completion of an open contract(s) provided that the debarred contractor has
performed in a satisfactory manner to date under the open contract(s) unless
otherwise directed by the Purchasing Director.
6. Restrictions on Subcontracting:
a. When a debarred contractor is proposed as a subcontractor for any subcontract
subject to County approval, the department shall not consent to subcontracts
with such contractors unless the County Manager in consultation with the Chair
or Vice-Chair determines that emergency or single source conditions exist, thus
justifying such consent and approves such decision.
^ 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.
7. The Scope of Debarment: Debarment applies to all officers, Directors, Managers,
principals, Purchasing 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.
PROCEDURES
Procedures are established within SECTION 29: DEBARMENT AND SUSPENSION.
Federal Debarment, Suspension and Exclusion
The federal government has also established a system to ensure that agencies do not solicit offers
from, award contracts, grants, or financial or non-financial assistance or benefits to contractors that
have been debarred, suspended, or otherwise excluded from participation in a federally funded
program. For federally funded projects the operating department must be familiar with the federal
debarment, suspension and exclusion requirements of that program and comply with them throughout
the term of the project. Contractors can be quickly looked up on a federal website that is accessible
from the Purchasing Department Intranet. Information available regarding entities debarred,
45
Packet Page-175-
4/22/2014 11 .E.
suspended, proposed for debarment, excluded or disqualified may include names, addresses, DUNS
numbers, Social Security Numbers, Employer Identification Numbers or other Taxpayer Identification
Numbers, if available and deemed appropriate and permissible to publish by the agency taking the
action.
46
Packet Page-176-
4/22/2014 11.E.
No additional procedures noted in the following sections:
• SECTION 30: WAIVER OF ORDINANCE
• SECTION 31: CONFLICT AND SEVERABILITY
• SECTION 32: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
• SECTION 33: EFFECTIVE DATE
n
47
Packet Page-177-
4/22/2014 11.E.
v Collier County
• *' • Purchase Order Terms and Conditions
oU,c
1. Offer
This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14)
days of issuance.
2. Acceptance and Confirmation
This Purchase Order(including all documents attached to or referenced herein)constitutes the entire
agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase
Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be
upon the terms and conditions contained in this Purchase Order.
No additional terms may be added and Purchase Order may not be changed except by written instrument executed
by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms
and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding
the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR.
3. Inspection
All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval
and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or
rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S
expense.
To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively
reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in
the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation
rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the
COUNTY nonetheless remain with VENDOR.
b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in
this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments
made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full
amount of invoice.
c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping
container must be consecutively numbered and marked to show this Purchase Order number. The container
and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order
number and must be included on each package of less than container load (LCL)shipments and/or with each
car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at
VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the
carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment.
d) All invoices must contain the Purchase Order number and any other specific information as identified on the
Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date
of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in
compliance with Chapter 218, Fla. Stats., otherwise known as the"Local Government Prompt Payment Act,"
and, pursuant to the Board of County Commissioners Purchasing Policy.
5. Time Is Of the Essence
Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of
VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY alone,
shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the
COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of
nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with
all specifications.
Packet Page-178- G/Operations/Document Approved by Attorney
Reviewed 12/18/13;5/5/10
4/22/2014 11.E.
6. Changes
The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping
instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such
change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable
adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding
the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims
for adjustment by VENDOR must be made within thirty(30)days from the date the change is.ordered or within
such additional period of time as may be agreed upon by the parties.
7. Warranties
VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the
specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of
satisfactory material and quality production,free from defects and sufficient for the purpose intended. Goods shall
be delivered free from any security interest or other lien, encumbrance or claim of any third party. These
warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this Purchase Order, and their production and transportation shall
conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the
Purchase Order.
9. Advertising
No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the
COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks
or property without the prior written consent of the COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence,
costs and expenses, including but not limited to attorneys'fees, arising from, caused by or related to the injury or
death of any person (including but not limited to employees and agents of VENDOR in the performance of their
duties or otherwise), or damage to property(including property of the COUNTY or other persons), which arise out
of or are incident to the goods and/or services to be provided hereunder.
11. Warranty of Non-Infringement
a) VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a)
in compliance with applicable laws; b)do not infringe any patent, trademark, copyright or trade secret; and c)
do not constitute unfair competition.
b) VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including
claims of negligence, costs and expense, including but not limited to attorneys'fees, which arise from any
claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this
Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a).
c) If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR
may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or
replace or modify the goods or services so that they become non-infringing, (without any material degradation
in performance, quality, functionality or additional cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits
as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance
coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers
authorized or eligible to write policies in the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local
laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive
example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis
of race, religion, sex creed, national origin, handicap, marital status, or veterans status. Further, VENDOR
acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the awarded firm(s)to comply with the laws referenced herein shall
constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said
Packet Page -179- G/Operations/Document Approved by Attorney
Reviewed 12/18/13;5/5/10
4/22/2014 11 .E.
agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and
substantial breach of the contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any
cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or
threatens to delay timely performance of this Purchase Order,VENDOR shall immediately give notice thereof,
including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods
and/or services to the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written
consent of the COUNTY. Any assignment made without such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real
property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida
Statutes, Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual
appropriation of funds.
18. Termination
This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the
VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the
terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such
breach and VENDOR has failed to cure within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to
specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial
Circuit in and for Collier County, Florida
b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall
not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default by VENDOR.
c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified
mail, return receipt requested, by overnight courier service,or by personal delivery and will be deemed effective
upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its
address for notice by written notice complying with the requirements of this section.
d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order
in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase
Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To
the extent any terms and/or conditions of this Purchase Order duplicate or overlap the Terms and Conditions
of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the
County and/or provide the greatest protection to the County shall govern.
Packet Page-180- G/Operations/Document Approved by Attorney
Reviewed 12/18/13;5/5/10