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Resolution 2001-482 16.E~4 RESOLUTION NO, 2001-~2 RESOLUTION AMENDING AND REPLACING COLLIER COUNTY RESOLUTION 95- 353 AND THE PURCHASING POLICY REFERENCED THERBY WHEREAS. Collier County Ordinance 87-25 provides for the establishment of a purchasing policy to govern all aspects of purchasing administration; and WHEREAS, The Board of County Commissioners on June 6, 1995 adopted a purchasing policy by Resolution 95-353 and has amended said policy by resolution on subsequent occasions; and WHEREAS, County staff desires to consolidate all subsequent revisions to the 1995 resolution into one document; and WHEREAS. County staff seeks to clarify and update existing provisions to further promote the efficient and effective acquisitions of commodities and services. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: Resolution 95-353 as previously amended by the Board is hereby further amended by this Resolution as shown in, attached hereto and incorporated herein by reference. This Resolution adopted after motion, second and majority vote. favoring same. DATE/P~~-.k ~'/ ' 2001 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTESt:. ~ DyYi~'1'r:E.j~ti.Ci<;,Clerk By: .r- ':'~" Jam~s arter. Ph.D" , , ~ ~~ 9. eo. Chairman By:, - ....:' - : Maure'enKehyon, Attelt If to CtI.frun's " 'b~p~~y., ?l~t'k s 1 gfI.turt 0111 J. APPROVED AS TO FORM AND lE~~Y ___ By: ~ Robert Za ry, Assistant County Attorney PURCHASING POLICY OF COLLIER COUNTY ESTABLISHMENT OF PURCHASING POLICY Collier County Resolution No. Ordinance No.87-25 provides for the adoption of a Purchasing Policy. 97-435 establishes the following Purchasing Policy. II, PURCHASING DEPARTMENT RESPONSIBILITIES A. The Purchasing Department shall be responsible for: Maximum Val : Act to procure for the County the highest 1. Seek • � es and contractual services at least expense to the County. qualibty in commodities,supplies ssrble on 2. Encouraging comoet : Endeavor to obtain as full and open competition as po all purchases and sales. procedures for the 3. Procedures: Establish and amend, when necessary, operational proced implementation of the Purchasing Policy provided by ordinance. Said procedures shall become effective only when approved in wnting by the County Manager. Copies of the procedures shall be maintained on file in the office of the Purchasing Bireetef Department. 4. Purchasing Analysis: Keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the County the benefits of research conducted in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private business and organizations. 5. Purchasing Man of sa d manual will be governed by this Pol c'y9 Manual for all using agencies.The content to the 6. Forms: Prescribe and maintain such forms as shall be found reasonably necessary operation of this Policy. have 7. Vendor Certification: Document that vendors doing business with the County acknowledged their understanding and acceptance of the terms and conditions of the County's Purchasing Policy and have agreed to abide by those terms. 8. Bulk Purchases: Exploit the possibilities of buying"in bulk" so as to take full advantage of discount. �� ndOrs' Catalog File: Prepare, adopt and maintain a vendor's catalog file. Said catalog 9. g descriptions of shall be organized according Lnd/or services and shall contain descnp vendors' commodities, prices and discount. 10. Tax Exematons: Act so as to procure for the County tax exemptions to which it is entitled. 11. CooDe n• Cooperate with using agencies so as to secure for the County the maximum efficiency y inn budgeting and accounting. of all vendors 12. Disqualification of Bidders: Have the responsibility to ascertain the identity who default their quotations er—bids or proposals to the County or fail to provide period of terms eif years said yen this commodities and services required consideratwncfor Further, to determine if said vendors shall be removed from purchasing Commissioners• prohibition is expressly waived by the Board of County Have full authority to question the quality, quantity, and kinds of items 13. ^^���si and Contord interests of the County are served. The Purchasing Director in order that the best for all purchases at or below uthe of Director shah have final approval authority competitive threshold. To ensure the timely, proper and orderly�ac acquisition services to the various using agencies, all authority granted to Director in this policy may be formally delegated by the Purchasing Director in whole or in part to appropriate staff members within the Purchasing Department. AGENDA ITEM DEC 1 1 2001 Pg" II1. FIELD PURCHASE ORDERS(PURCHASES OF $600$1,000 OR LESS) Field Purchase Orders, with the approval of the department's authorized signatory, will be used by departments for immediate purchase of commodities, out-of-town travel expenditures and services not to exceed the maximum value of$600$1,000. IV. QUOTATIONS(PURCHASES BETWEEN$1,000-$25,000) A. All purchases of commodities and contractual services of a total estimated value in excess of one thousand dollars ($1,000) and less than or equal to the formal Bid Limit of Twenty-five Thousand Dollars ($25,000) may be made in the open market without formal public announcement and without formal bid. All purchases not requiring formal competition shall be awarded by the Purchasing Director to the qualified and responsive vendor submitting the lowest or best overall quote which meets all specifications. 1. Minimum Number Quotes: •. - -- .... • - .. • .: - .• - e .- . •_ . Open market purchases or sales in excess of $1,000 but less than or equal to the formal competitive threshold shall be based on at least three (3) competitive quotes and shall be awarded to the lowest, qualified and responsive quote in accordance with the standards set forth in this Policy. 2. Solicitation of Quotes: The Director may solicit either oral or written quotes for open market pricing or sale, using available bidders' and supplier lists. The Director shall determine in which instances quotations shall be solicited in writing. Further the Director shall determine which agency (e.g.; Purchasing or the using agency) shall obtain the quotations. All oral quotes in excess of ten thousand dollars 677600 $10,000 shall be tendered or confirmed in writing by the vendor prior to purchase. 3. Public Record: The Director shall keep a record of all open market quotes submitted and such records shall be open to public inspection after award has been made. B. The requirements for requesting quotes from three (3) or more sources are waived and do not require Board action for: 1. Purchase of library books, education and/or Personnel tests, similar audio visual materials, periodicals, printed library cards, etc. 2. Professional services; and, in instances when authorized by the Purchasing Director where commodities or services are purchased directly from the owner of a copyright or patent, a governmental agency, a recognized educational institution, a not-for-profit entity or when there are no other identifiable sources available. 3. Purchases that the Director has determined to be legitimate single source purchases. 4. Valid public emergencies or other instances deemed by the Director to be in the best interests of the County. V. FORMAL COMPETITIVE THRESHOLD(Purchases in excess of$25,000) A. It is the intent of the Board of County Commissioners to establish an amount of Twenty-Five Thousand ($25,000) dollars as the County's formal competitive threshold for purchases. The established limit shall be applied to all methods of purchase by agencies under the purview of the Board of County Commissioners, including but not limited to competitive sealed bids, competitive proposals and competitive selection and negotiation. The requirement for formal competition may be waived by the Board of County Commissioners where permitted by law, under the following circumstances: 1. Single source purchases(pursuant to subsection C). 2. Valid public emergencies(pursuant to Section XX). 3. Where it is determined to be in the best interests of the County to do so. B. All purchases subject to formal competition shall be awarded by the Board ?:• _r3_A formal ITE Commissioners unless otherwise delegated by the Board via foal public action. 1 1 2001 2 DEC P9•_1 C. Exemption For Single Source Commodities: Purchases of commodities and services from a single source may be exempted from formal competition upon certification by the Purchasing Director of both of the following conditions: 1. The item(s)is the only one available that can property perform the intended function(s); 2. The recommended vendor/contractor is the only one ready, willing and able to meet the County's requirements. All Single Source purchases in excess of the formal competitive threshold shall be exempted from formal competition by the Board. Purchases less than or equal to the formal competitive threshold may be exempted from competition by the Purchasing Director,as permitted by law. D. Use of Past Performance Data: In order to promote the qualitative delivery of commodities and services, County departments shall record and consider the past performance of vendors in the award of contracts exceeding the formal competitive threshold. This objective shall be accomplished as follows: 1. The Purchasing Department shall be responsible for each of the following: a. Developing, implementing and maintaining appropriate administrative procedures, instructions and technologies necessary to collect and access vendor performance data. b. Ensuring that relevant past performance data is properly gathered and considered prior to award of subsequent contracts. 2. Using agencies shall be responsible for each of the following: a pursuant to the procedures pursuant to subsectionr with the County V.D 1 a b. Considering the past performance of vendors during the evaluation of formal bids and proposals for subsequent contract awards as set forth in the administrative procedures referenced under subsection V.D.1a. VI. COMPETITIVE BID PROCESS Any purchase of commodities or services costing in excess of the formal competitive threshold shold shall be accomplished by competitive sealed bid, by competitive selection and negotiation (per V ) or by competitive proposals(per section VIII).Award of Bid Contract shall be made by the Board to the lowest, qualified and responsive bidder except where otherwise provided for in this policy or unless an exception is granted by the Board.granting Bid limits fu��orrements uty'se qu federal requirements, funds dsrwill akee those required by said agency precedence. A. Notice Inviting Bids: 1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing Department in a consistent public location at least ten (10) days preceding the last day established for the receipt of bid proposals. Bids may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. 2. Scope of Notice: The public notice required herein shall include a general description of the commodities/services to be purchased or sold, shall state where bid instructions and specifications may be secured,and the time and place for opening bids. 3. Bidders' List The Director shall also solicit sealed bids from qualified prospective vendors/contractors who have requested their names placed notice as'bidders' them them the Director shall maintain, by sending them a copy of with the proposed purchase or sale. Invitations sent to the vendors/contractors on the bidders' list shall be limited to commodities or services that are similar in character and ordinarily handled by the trade group to which the invitations are sent. Vendors/contradbo may be removed from the bidders' list by the Director for continual non-response d requests. When deemed necessary by the Director, bid deposits shall be pr: n ITEr{ 4. the Deposits: of NI the public notices inviting bids. Said deposits shall be in the amount equal to1�fi of a bidders � the bid submitted. The Director shall have the authority to return the deposits DEC 1 1 200 3 1 Pg.• prior to award of bid contract by the Board of County Commissioners. A successful bidder shall forfeit any deposit required by the Director upon failure on the vendor's part to enter into a contract within ten(10)working days after written notice of award. 5. Bid Addenda: An addendum to a specification shall be defined as an addition or change in the already prepared specifications for which an invitation has been mailed for formal quotations or an announcement has been posted for a formal sealed bid. a-Any addendum to a request for formal sealed bids shall be-approved by the Department Director or designee and the Purchasing Director. The addendum shall clearly point out any addition or change to the invitation for bids. IkThe Purchasing Department shall be responsible for insuring that all prospective bidders who have received specifications are notified of the addendum in writing prior to opening of bids. B. Procedure for Bids: 1. Sealed Bids: Sealed bids shall be submitted to the Director and shall be clearly identified as bids on the outside of the sealed envelope. 2. Opening: Bids shall be opened publicly at the time and place stated in the public notices and shall be witnessed and certified by the Purchasing Department. 3. Tabulation: A tabulation of all bids received shall be made by the Purchasing Department and shall be available for public inspection. C. Tie Bids: Where there are low tie bids, the award process shall first be subject to Section 287.017, F.S. Should a tie still exist among two or more bidders and if the purchase is funded in whole or in part with interagency grant funds, the tie shall be broken in accordance with the grant conditions or the grantor agency's procedure governing such matters. If no interagency grant funds are appropriated for the purchase and any one of the low qualified vendors has a principal place of business located in Collier County, the bid shall be awarded to the local bidder. D. Resection Of Bids And Negotiation: 1. The Board Of County Commissioners shall have the authority to reject any and all bids. 2. If the lowest, qualified responsive bid exceeds the budgeted amount and if the 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 shall be authorized to conduct such negotiations provided said actions are not prohibited by law or the grant conditions. 3. If no bid is received, the Board of County Commissioners may authorize the 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 shall have the authority to waive any and all irregularities in any and all formal bids. F. Award Of Bid Contract: The Chairman, when authorized by majority vote of the Board or as otherwise provided for in this policy, shall execute formal contracts having a binding effect upon the County. Formal, bilateral contracts shall not be required where a purchase order is sufficient. A formal contract shall be awarded by the Board Of County Commissioners to the lowest qualified and responsive bidder. In addition to the price shall be considered the following: 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. N ITE 4 DEC 1 1 2001 Pg. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the 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). All recommendations for award for bid contract will be reviewed and approved by the Purchasing Director prior to presentation to the Board of County Commissioners. Bidders competing for a prospective bid 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. VII. PROCUREMENT OF PROFESSIONAL SERVICES A. Because differences in price may only be a minor concern compared to qualitative considerations, professional services 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. 2. Competitive Proposals(pursuant to Section VIII). B. A professional service shall be defined as assistance obtained in support of County operations from an independent contractor in one or more of the following professional fields: 1. Appraisal Services-real and personal property appraisers. 2. Architecture, professional engineering, landscape architecture, or registered land surveying services(as per Section 287.055, F.S.). 3. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per Section 11.45,F.S.). 4. Consultants-planning,management,technological or scientific advisors. 5. Financial Services-bond counsel, rating and underwriting,financial advisor,and investment services. 6. Legal Services-attorneys and legal professionals. 7. Medical Services-medicine, psychiatry,dental, hospital,and other health professionals. C. Requests exclusively for services defined under VII.B.2 will be procured in a manner consistent with Section 287.055, F.S., known as The Consultant's Competitive Negotiation Act' as required by said statute.Projects may include the following: 1. Minor. fixed assignment contracts: A grouping of minor professional service (including construction inspection services) assignments. Procurement of these contracts shall be further subject to the following conditions: • a. Each assignment must be specifically identified in the public notice. b. Contracts for a grouping of minor, fixed assignments shall have a maximum initial contract amount limit of$500,000.Each assignment shall have a maximum initial amount of$90,000. Each division administrator may authorize any assignment on behalf of the Board agency for their respective work areas where all of the following are true: 1) Where the originating term contract has been previously awarded by the Board of County Commissioners,and: AGENDA ITS M w' s DEC 112001 Pig., 2) Where the assignment does not cause the cumulative dollar value of previously authorized assignments to exceed the current contract amount, and; 3) The maximum initial dollar amount of each assignment does not exceed$90,000. Any contract and/or assignment that exceeds that amount subsequent to award and prior to completion of the work shall be subject to the provisions of Section XIV.0 of this resolution. Projects shall not be sub-divided to circumvent the dollar thresholds established herein. 2. Minor,fixed term:Countywide agreements for various and miscellaneous minor professional services (including construction inspection services) on an as needed basis. Procurements of these contracts shall be further subject to the following: a. These agreements shall have a maximum initial term of two years. However, said time provision shall in no way, prohibit the completion of tasks or assignments property initiated prior to,but not completed until after the contract term. b. These agreements shall be eligible for extension,or renewal subject to the provisions of Sections XIV.D and E, respectively. c. All minor, fixed term contracts and all assignments made in accordance with said agreements shall be subject to the same dollar limits set forth for minor, fixed assignment contracts under Section XII.C.1.b. 3. Major. fixed assignments: A grouping of substantially similar construction, renovation or rehabilitation activities. Procurements of these contracts shall be further subject to the following: a. Each assignment must be specifically identified in the public notice. b. Contracts for a grouping of major, fixed assignments shall have a maximum initial contract amount limit of$3,000,000. Any contract and/or assignment that exceeds that amount subsequent to award and prior to completion of the work shall be subject to the provisions of Section XIV.0 of this resolution. Projects shall not be sub-divided to circumvent the dollar thresholds established herein. 4. General Professional Services: Includes administration, support and management of engineering, architectural,surveying and planning activities.These agreements shall have a maximum initial contract period of five years. However, said time provision shall in no way, prohibit the completion of tasks or assignments properly initiated prior to, but not completed until after the contract term. 5. Continuing Contracts: These contracts shall be defined in accordance with Subsection 287.055(1)(g)and shall be subject to the provisions of this resolution. D. For all service procurements in excess of the formal competitive threshold under the Competitive Selection and Negotiation method, authority to announce and distribute Requests for Proposals or Letters of Interest and Qualifications and to appoint and empower a selection committee shall be pursuant to Section VIII.B.3 hereof. E. Final selection of the professional service provider (award of contract) shall be made by the Board of County Commissioners. • F. Purchases for all professional services estimated to be equal to or less than the formal competitive threshold may be approved by the Purchasing Director,as permitted by law. G. 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 Attomey. VIII. COMPETITIVE PROPOSALS A. The Competitive Proposals process is a method of contract selection that may be ut i ITEM Purchasing Director under circumstances where one or more of the following Condit• s 6 DEC 1 1 1001 Pg.< < 1. Where qualitative considerations are of equal or greater concern than pricing considerations. 2. Where the conditions of the purchase do not lend themselves to the formal sealed bid process or the award of a firm,fixed fee contract. 3. Where the County is incapable of specifically defining the scope of work for which the commodity(s) or service(s) is required and where the qualified offer is asked to propose a commodity(s)or service(s)to meet the needs of the County. 4. Where the County desires to enter into a single contract for the design and construction of a public construction project(s). B. For purchases in excess of the formal competitive threshold and where appropriate or required by law, the competitive proposals process will be utilized. The process will be conducted in a manner similar to the sealed bid process as set forth under Section VI except where otherwise stated in this section.The competitive proposals process shall proceed as follows: 1. A Request for Proposals(RFP)will be prepared and distributed in a manner consistent with the definition of said term found in Section 2 of Collier County Ordinance No. 87-25. Notice of said request(s) shall be publicly posted by the Purchasing Department at least 21 calendar days preceding the last day established for the receipt of proposals. 2. Each Request for Proposals shall identify the appropriate evaluation procedures and criteria to be applied to the selection of the best proposal among the respondents. For each RFP pertaining to the award of a design/build contract(s), criteria for the qualification and selection of firms and proposals shall include, but not be limited to the criteria set forth under Section 287.055,(10Xc), F.S.,weighted for each project. 3. Prior to the announcement and distribution of the RFP, a selection committee shall be appointed by the County Manager to evaluate the proposals received. For all purchases made under the Competitive Proposals method, the County Manager may empower the selection committee to designate and rank the top three proposals prior to the commencement of negotiations and to negotiate a tentative agreement, subject to award by the Board. 4. Proposals may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. Unless otherwise prohibited by law,the Purchasing Director shall have the discretion to solicit and conduct simultaneous or concurrent negotiations with one or more firms. C. For purchases in excess of the formal competitive threshold, final selection of the awardee will be made by the Board of County Commissioners. D. Purchases less than or equal to the formal competitive threshold may be authorized by the Purchasing Director, as permitted by law and shall not require formal solicitation or announcement unless deemed necessary by the Purchasing Director. IX. PROCUREMENT OF DESIGN/BUILD CONTRACTS A. Procurements for the design and construction of public construction projects may be obtained through a single contract with a firm selected in a manner permitted under Section 287.055,F.S. and the procedures set forth in this section. • B. For the purpose of this section,the following definitions shall apply: 1. A-design/build firm-means a partnership,corporation,or other legal entity which is: a. Certified under Section 489.119, F.S., to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent:and, b. Certified under Section 471.023,F.S.,to practice or to offer to practice en! ine9[tiairdt( ITEM certified under Section 481.219 F.S.,to practice or to offer to practice arcnitetlrre; or /6��� DEC 112001 7 P9• certified under Section 481.319 F.S.,to practice or to offer to practice landscape architecture. 2. A"design-build contract"means a single contract with a design-build firm for the design and construction of a public construction project. 3. A"design criteria package"means concise performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information so as to permit design-build firms to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter into a negotiated design-build contract. The design criteria package shalt specify such performance-based criteria for the public construction project, including, but not limited to, the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, storm water retention and disposal, and parking requirements, as may be applicable to the project. - 4. A "design criteria professional" means a firm that holds a current certificate of registration under Section 481 to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under Section 471 to practice engineering and who is employed by or under contract to the agency to provide professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. C. The design criteria package shall be prepared and sealed by a design criteria professional employed or retained by the agency. If the agency elects to enter into a professional services contract for the preparation of the design criteria package, then the design criteria professional shall be selected and contracted with in accordance with the requirements of Section 287.055, F.S. The design criteria services of a firm under continuing contract may also be utilized if the project construction costs are estimated to be less than $500,000 and provisions for design criteria services are included within or added to such contracts. All solicitations for professional services to prepare a design criteria package(s) shall inform the recipient firms of the following information: 1.A description of the project; 2. The work to be performed; 3. Written notification that the design criteria professional who has been selected to prepare the design criteria package shall not be eligible to render services under a design-build contract executed pursuant to the design criteria package. D. Upon completion of the Design Criteria Package, procurements of Design/Build services shall be processed in a manner consistent with Section VIII hereof entitled"Competitive Proposals". E. Administrative procedures shall be established by the County Manager or his designee for utilization of the design criteria professional concerning the evaluation of the proposals submitted by the design/build firms, the supervision or the approval by the County of the work drawings of the project and evaluation of the project construction with the design criteria package. F. The Board of County Commissioners may declare a public emergency, where appropriate and authorize the using agency to negotiate an agreement for Board approval with the best qualified design-build firm available at that time. . X. Small and Disadvantaged Minority and Women Business Enterprises A. Policy Statement: Collier County stands committed to providing equal opportunities to small businesses and disadvantaged business enterprises (DBE). minority business enterprises (MBEs) and women enterprises (WBEs)as well as to all vendors, consultants, contractors and subcontractors who seek to do business with the County. Pursuant to this policy, Collier County will require its vendors, consultants, contractors and subcontractors to provide qualified small businesses and DBE's with an equal o•• � • ITEM No. //-�J- 8 DEC 1 1 2001 P9. participate in the formal competitive processes for the procurement of commodities and services by the County. The Policy is not intended to require or to allow partiality toward or discrimination against any small business or DBE, MBE, WBE, or any other vendor,consultant, contractor or subcontractor on the basis of gender, race or national origin, or other such factors, but rather to help 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. Nothing in this Policy shall be construed to provide for or require any preference or set-aside based on gender,race,national origin or any other such factor. B. Definitions: For purposes of this policy, the term"small business"shall have the same definition as set forth under Section 288.703.(1), F.S. The term "DBE" shall include any "small business" as defined pursuant to Section 288.703(1) that is at least 51 percent owned or controlled by a person or persons defined as "socially and economically disadvantaged"individuals pursuant to Section 14-78.602(18),F.A.C. Reference to these definitions, however,shall in no way be construed to provide that the County has adopted or is subject to the provisions of the Statute or Code referenced herein. C. Implementing Measures: In an effort to implement this policy, the County may undertake the following measures: 1. Designate the Purchasing Director to administer this policy. 2. Utilize outreach programs to identify, register and educate small businesses and DBEs, MBEs and WBEs to participate in the procurement/contract process including, but not limited to: a. Attending trade fairs which include representatives from these enterprises. b. Attending meetings and social events wherein these enterprises. c. Utilizing publications aimed at reaching these enterprises. d. Utilizing directories and other reference sources that list these enterprises. e. Publicizing this Policy to encourage these enterprises to participate in the County's procurement process. f. Other actions designed to identify these enterprises who seek to provide commodities and services to the County. 3. Maintain a list of these enterprises. 4. Disseminate information regarding competitive opportunities with the County in order to allow qualified small businesses and DBEs, MBEs and WBEs to participate in the County's procurement process. D. Conformity with Applicable Law: The provisions of this section shall be construed in conformity with applicable state and federal law. To the extent that state law conflicts with federal law, federal law shall supersede such state law. • XI. PAYMENT OF INVOICES A. It is the intent of the Board of County Commissioners that all agencies under its purview be in compliance with Section 218.70 F.S., otherwise known as the "Florida 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; AGENDA ITEM -No. 3. The lease of real property. DEC 1 j 2001 9 B. It shall be the responsibility of the Collier County Finance Director,in consultation with the Purchasing Director and using agencies,to establish,distribute and administer procedures for the timely payment of all transactions as defined under XI.A hereof. Such procedures shall include,but not be limited to the following: 1. Formally defining the County's requirements for the content and submission of a proper invoice, codifying the County's payment requirements and formally notifying each vendor of their availability. 2. Steps required for the receipt of all invoices and the prompt return of improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. C. Each December, the Finance Director and the Purchasing Director shall submit a joint report to the Board listing the number and total dollar amount of interest penalty payments made the preceding fiscal year. XII. PAYMENT OF DUES FOR MEMBERSHIP IN PROFESSIONAL ORGANI •TIONS County funds may be used to pay for dues for membership in a professional or other organization provided that such expenditure meets the following criteria: 1. Such membership is deemed necessary to meet duties and responsibilities required by Federal, State or local mandate or to facilitate proper professional development. 2. The organization of membership is of a non-profit nature. 3. Sufficient funds are available within the proper appropriation unit/summary code. XIII. STANDARDIZATION COOPERATIVE PURCHASING AND GOVERNMENTAL CONTRACTS A. Where standardization is determined to be desirable by the Director, the purchase of commodities may be made by negotiation with the approval of the Board of County Commissioners if more than the competitive bid limit or by the County Purchasing Director if less than or equal to the competitive bid or negotiation threshold. B. The Director shall have the authority to join with other units of government in cooperative purchasing ventures prior or subsequent to award when in the best interests of the County. If funds have already been budgeted,no further Board action will be required. C. Purchases made under the State of Florida and Federal GSA contracts will be governed as follows: Above $25,000: Require Board approval and prior review by the Purchasing Director or his designee. $25,000 or less Require the prior approval of the Purchasing Department. $1,000 or less: Require the prior approval of the authorized signatory. XIV. CONTRACT ADMINISTRATION A. Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include,but not be limited to: 1. A listing of the scope of services to be performed or commodities to be purchased. 2. A provision specifying the criteria and the final date by which such criteria must be met for completion of the contract 3. A provision specifying the terms of cancellation by the County and where applicable, a provision specifying the terms of renewal. E NO ITL NOAG. DEC 1 1 2001 10 pq._ 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. Where applicable, pursuant to Section 287.32 F.S., 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. The Purchasing Director shall have the discretion to determine the circumstances under which a purchase order(and all documents Included by reference) shall serve as the contract document. B. Contract Manager: Every procurement of services shall be administered by the using agency (requesting department). C. Contract Changes: Change orders, supplemental agreements, amendments and changes by letter to a Board approved purchase or contract may be approved by the County Manager or his designee, to the extent permitted by law, provided that the change (or the sum of the changes) amounts to 10 percent or less of the current Board approved amount The Purchasing Department shall be responsible for establishing and maintaining formal definitions and administrative procedures for each of the change Instruments referenced in this section and shall be subject to the provisions of this section.All contract changes approved by the County Manager or his designee shall be subject to the limits or any applicable federal or state law. These provisions shall not be applicable to term contracts or blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate itself to a total contract amount. Rather, such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by the amount of funds appropriated in the budget of the using agency(ies).Such purchases shall be subject to all other provisions of this policy. Change orders, supplemental agreements or amendments that increase the total contract amount beyond exceed the limits set forth above shall require the approval of the Board of County Commissioners or as otherwise provided for in this policy. The Board shall have broad authority, within the limits of the law, to evaluate and approve any recommended change order/supplemental agreement without requiring further competition. D. Contract Extension: Extension(s) of a Board-approved contract for commodities or services may be requested by the contract manager to the Purchasing Director in writing for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms and conditions set forth in the initial contract. The Purchasing Director shall have the authority to issue all such extensions. = . • .. - • - - .. Any extension(s) that exceed six months (cumulatively) shall be approved by the Board of County Commissioners. Extensions of competitive threshold may be approved by Director Purchasing Director without exceed nd the actions/ E. Contract Renewal: The Purchasing Director shall be authorized to renew contracts for commodities and/or services subject to the following conditions: • 1. That the Contractor has performed in a satisfactory manner and that the Director has received a request to renew from the Contract Manager verifying the Contractor's satisfactory performance. 2. That the agreement is renewed subject to the terms and conditions set forth in the initial contract. Costs and terms of any contemplated renewals are included in the invitation to bid or request for proposals. 3. That the renewal is done on an annual basis, commencing at the end of. Eh contract period.and Any such contracts shall not be renewed for more tha yesage 1 £ competitively procured. - 11 DEC 111 2001 P9- 1 —" Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners. F. Contract Approval: All formal, bilateral contracts for commodities and services in excess of the formal, competitive threshold shall be authorized by the Board of County Commissioners. Such agreements for purchases less than or equal to the formal, competitive threshold may be approved by the Purchasing/General Services Director, or his designee, subject to the review, and approval for legal sufficiency by the Office of the County Attorney. XV. PERFORMANCE AND PAYMENT BONDS A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever,and in such amounts, as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of Florida 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. XVI. UNAUTHORIZED PURCHASES No County officer or employee shall intentionally order, other than by Field Purchase Order, the purchase of any commodities or services, or make any contract within the purview of this policy other than through the Purchasing Director. Any purchase order or contract made contrary to the provisions hereof shall not be approved and the County shall not be bound thereby. All purchases made within the provisions of this Policy shall be made with a Field or Regular Purchase Order, whichever is appropriate. A. Exceptions: This section shall not apply to the payment of premiums for insurance policies that have been acquired through prior Board action. This section shall not apply to nor supersede Resolution Nos.86-30,86-209 and 87-16. XVII. PROHIBITION AGAINST SUBDIVISION No contract or purchase shall be subdivided to avoid the requirements of this Policy. XVIII. PROTEST OF BID OR PROPOSAL AWARD The purpose of this section is to accommodate legitimate protests concerning formal competitive invitations and recommended contract awards above the competitive bid or proposal thresholds prior to award of contract by the Board of County Commissioners. A. Any actual or prospective bidder or respondent to an Invitation for Bids or a Request for Proposals,who alleges to be aggrieved in connection with the solicitation or award of a contract, (hereafter referred to as'the protesting party")may protest to the Purchasing Director,who shall serve as the sole recipient of any and all notices of intent to protest and all formal protests. B. All formal protests with respect to an Invitation for Bids or a Request for Proposals shall be submitted to the Purchasing Director in writing not less than four hours prior to the opening of bids or the closing time for acceptance of proposals. The Purchasing Director, in consultation with the contract manager, shall have the authority to address all such protests received under subsection B and to determine whether postponement of the bid opening or proposal closing time is appropriate. The Purchasing Director's decision shall be considered final and conclusive unless the protesting party files a subsequent formal protest of the recommended contract award as described under this section. C. Any actual or prospective bidder or respondent to an invitation for bids or a Request for Proposals who desires to formally protest a recommended contract award shall submit a notice of intent to protest to the Purchasing Director within two(2)calendar days, excluding weekends and County holidays,from the date of the initial posting of the recommended award. D. All formal protests with respect to a recommended contract award shall be submitted in writing to the Purchasing Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that th to protest is received by the Purchasing Director. AWN) ITEM 12 DEC 1 1 2001 Pq.—I f The formal protest shall contain,but not be limited to the following information: 1. Name and address of County agency affected and the bid 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. A demand for the relief to which the protesting party deems himself entitled. 6. Such other information as the protesting party deems to be material to the issue. 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 appropriate administrative remedies as delineated under this section have been exhausted or until the Board of County Commissioners makes a determination on the record that the award of a contract without delay is in the best interests of the County. Neither the protesting party, their agents or their representatives shall have any private contact or discussions with individual County Commissioners or any independent hearing officer (where applicable) regarding the protest prior to the protest being heard or reviewed by either of the aforementioned unless requested to do so by the Purchasing Director. F. The Purchasing Director shall review the merits of each timely protest and in consultation with the contract manager, issue a decision stating the reasons for the decision and the protesting party's rights of appeal under section XVIII. 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 objection to the Purchasing Director within two(2)calendar days,excluding weekends and County holidays from the date of receipt of the decision. G. In the event of a subsequent objection pursuant to subsection F,the County Manager shall have the discretion to appoint an independent hearing officer to review the facts relevant to the protest. The appointed officer will have a maximum of 60 days to schedule and conduct a hearing into the matter and issue a finding of fact and a opinion in writing to the County Manager for submission to the Board of County Commissioners. Prior to commencement of the hearing, the protesting party shall be required to post a cash surety in an amount equal to one (1) percent of the using agency's estimate of the contract amount or one-thousand dollars ($1,000),whichever is less. Should the Hearing Officer find in favor of the County, the protesting party shall forfeit the surety as partial payment for undue delay. Otherwise, the surety will be returned to the protesting party. H. In the event that the protest cannot be resolved by mutual consent,the matter will be referred to the Board of County Commissioners for final resolution. I. Failure to file a formal protest within the time and manner prescribed by Section XVIII shall constitute a waiver of the right to protest by any protesting party as defined by subsection A of this section. XIX. 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 commercial commodities or services shall first be directly addressed by the parties' administrative representatives In a manner consistent with the agreement between the parties. All claims pertaining to agreements including construction services shall be subject to alternative dispute resolution procedures as set forth under County resolution 0 01-339 or its successor enabling resolution(s)and the thresholds established therein. For all other prospective or actual claims or disputes not subject to the alternative dispute resolution procedure referenced herein, the Purchasing Director shall have the arbitrate or mediate the claim or dispute or may appoint ao independent third within the authorization threshold limits of this policy. 13 DEC v001 XX. EMERGENCY PURCHASES A. By County Manager. In case of an emergency which requires immediate purchase of commodities or services in excess of the formal competitive threshold, the County Manager shall be empowered to authorize the Director to secure by open market procedure as herein set forth, any commodities or services. The County Manager shall have the authority to act in the case of any emergency including the issuance of emergency change orders/supplemental agreements. Any emergency action shall be reported at the regular or shah forthpeciall meeting of the Board of County Commissioners. The County authorized to approve payment(s)to vendors at the time of or shortly after pur M circumstances warrant. r'10. 14 DEC 1 h2001 Pg• B. By Purchasing Director. In case of any emergency which requires immediate purchase of commodities or services equal to or less than the formal competitive threshold, the Purchasing Director procedure aslhe be herein set forth.Such action shall e reported immediately mediatey to the bCounty Manager when appropriate. This section in no way constrains the provisions of Collier County Ordinance No.84-37. XXI. INSPECTION AND TESTING The Director shall inspect, or supervise the inspection of, or cause to be inspected, all deliveries of supplies or services to determine their conformance with the specifications set forth in an order or contract. A. Inspection by Using Aaencv: The Director shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the Director shall prescribe. B. Testing: The Director shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance to make use 1of laboratory facilities es of any agency of the County or of alny outside laboratory. XXII. SURPLUS SUPPLIES AND TANGIBLE PERSONAL PROPERTY All using agencies shall submit to the Director, at such times which such longer used shall l be prescrib hoe reports showing stocks of all tangible personal property hich become obsolete,worn out or scrapped. A. Transfer. The Director shall have the authority to transfer surplus stock to other using agencies. B. Sale: The Director shall have authority to sell all supplies of a value less than the limits proscribed under Chapter 274 F.S., which have become unsuitable for County use, or to exchange, or trade-in the same,for new supplies. Sales under this section shall be made to the highest responsible bid and in conformance with Chapters 125 and 274, F.S. All such sates are of to be recorded in official Board minutes, as required by statute. Sales the equal Bo to or in of excess County the referenced statutory limits shall require prior approval Commissioners. XXIII. CENTRAL STORES The Director shall control and supervise storerooms and shall administer the same. A. Accounting Procedure: Requisitions for supplies from Central Stores will be�crredite��the Department to the storeroom's revolving fund by a charge against of the using agency,or by Invoice. B. Inventory: The Director shall maintain a perpetual inventory record of all materials, supplies or equipment stored in storerooms. XXIV. COPIER PROGRAM functions will be under the direction of the Purchasing Director. The All common photocopying and supplies, Purchasing Department shall carry out the responsibilities of the purchasing equipment regulations, service and maintenance, maintaining records and furnishing the Finance Department with necessary data to equitably charge using departments for copying services. Copiers used to benefit a sole user are exempted and are the responsibility of the using department. XXV. SEVERABILITY provision of law a If any one or more of the provisions of this Policy should be held contrary to any prov gh>�tf law or M contrary to express law, though not expressly prohibited, or against public policy, reason whatsoever be held invalid,then such provision(s)shall be nuN and void and s aN w•de 15 DEC 1 1 2001 Pg JO — severable from the remaining provisions of this Policy and in no way shall affect the validity of all other provisions of this Policy. XXVI. REPEAL PRIOR AND CONFLICTING All resolutions and policies or parts of resolutions and policies, in conflict herewith, be and the same are hereby repealed. XXVII. EFFECTIVE DATE An official copy of this Policy shall be filed in the office of the Clerk to the Board of County Commissioners immediately after enactment and this Policy shall take effect at that time. XXVIII. CONFLICT OF INTEREST When procuring commodities or services using County funds, each entity and emloyee under the purview of the Board of County Commissioners shall comply with all applicable state and federal laws concerning conflict of interest. For state or federal Community Development Block Grant-funded projects, entities and employees shall comply with the requirements of Part 85, Section 36(bX3)of the Housing and Urban Development Code. AGE NO ITEM 1 ! No. (� 16 DEC 1 1 2001 Pg.