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Ordinance 87-025 ORDINANCE NO. 87 -25 AN ORDINANCE ESTABLISHIMG THE COLLIER COUNTY PURCHASING DEP~RI'MENT; PROVIDING DEFINITIONS; PROVIDING FOR DUTIES AND AUTHORITY OF THE PURCHASING DIRECTOR; PROVIDING FOR CONFLICT Of' INTEREST; PROVIDING A PROCEDURE FOR THE ADOPTION OF A PURCHASING POLICY; PROVIDING FOR CH~GES A~ ;d~ENDMENTS TO PURC}[ASING POLICY; PROVIDING FOR SEVERABILII~f AND EFFECTIVE DATE. ;NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNt, FLORIDA, THAT: Section 1. ,Establishment iof th'e Collier C,,ount7 Purchasin$ Department. /~ere is hereby ~tabl!shed the Collier County Purchasing Department in the administrative service of Collier County. Section 2. Definitions. For the purpose of this Ordinance, the following terms, phrases, words and their derivations ~a. tl have the meaning given herein. When not inconsistent with the content, wdrds used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. A. "Artist" shall mean an individual or group of individuals who profess and practice a demonstrated creative talent and skill in the area of music, dance, drama, folk art, creative writing, painting, sculpture, photography, graphic arts, craft arts, industrial design, costume design, fashion design, motion pictures, television, radio, or tape and sound recording or in any other related field. B. "Board of County Commissioners" ia the Board of County Commi~sioners of Collier County. C. "Commodity" means any of the various supplies, materials, goods, merchandise, printing, equipment, and other personal property purchased, leased, or otherwise contracted for by the county and its algencies. "Commodity" also ~ncludes interest on deferred payment commodity contracts entered into by the county for the purchase of other commodities. However, commodities purchased for resale are excluded from this definition. Any contract providing for the acquisition of both services and commodities shall be deemed to be a contract for the acquisition or purohase of commodities. D. (a) "Contractual services" means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors, and such services may include, but are not limited to, evaluations; consultations; maintenance; accounting; security; management systems; management consulting; educational training programs; research and development studies or .repor.~s on the findings of consultants engaged thereunder; '~nd professional, technical, and social services. (b) "Contractual ~rvice" does not include: 1. Artistic services. 2. Academic program reviews or lectures by individuals. 3. Health services involving examination, diagnosis, treatment, pre ion, medical consultation, or administration. 4. The acquisition of services from other governmental agencies and the performance of services in-house, other than those performed by an employee in an authorized position, wherein the rate of pay for the performances of such services does not exceed the rate of pay for an equivalent authorized position. "County" is Collier County, Florida. "County Manager" is the County Manager of Collier County, or his F. designee. G. "Extension" means an increase in the t~me allowed for the contract period due to circumstances which, without fault of either party, make performance impracticable or impossible, or which prevent a new contract from being executed. Any increase in the total dollar amount of the contract for which an extension is granted shall be based on the method and rate previously established in the contract. H. "Invitation to bid" means a written 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 --2-- conditions for bidding and shall be distributed to all prospectiw~ bidders simultaneously. The invitation to bid is used when the county is capable of specifically defining the scope of work for which a contractual sl~rvice is required or when the county is capable of establishing precise specifications defining the actual commodity or group of commodities required. I. "Minority-owned firm or company" means any legal entity, other than a Joint venture, which is organized to engage in commercial transactions and which is at least 51-percent owned and controlled by minority persons. The term "minority person" means a member of a socially or economically disadvantaged group which, foy{~the purposes of this section, includes Blacks not of Hispanic origin, Hispanics, American Indians, Alaska Natives, Pacific Islanders, women, and ph~ically or mentally disabled persons. As used in this section, the term "physically or mentally disabled person" means a person who has a physical, mental, or emotional impairment, defect, disease, ailment, or disability of a, permanent nature which in any way limits the type of employment for whit' he person would Otherwise be qualified. .. J. "Officer" shall refer to any duly elected official of the county. K. "Professional Services" is 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 survey services (as per 287.055 F.S.). 3. Audit and A~counting Services - auditors and accountants. 4. Consultants - planning, management, 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. Professional Services obtained by or paid for by the county for the benefit of indigent clients shall be considered grants and not professional services. L. "Purchasing Director" or "Director" is the Furchasing Director of Collier County. M. "Qualified bidder" or "qualified offeror" means a person who has the capability in all respects to perform fully the contract requirement and has the integrity and reliability which will assure good faith performance. N. "Renewal" means contracting with the same contractor for an additional contract period after the initial contract period, only if pursuant to contract terms specifically providing for such renewal. O. "Request for proposals" means a written solicitation for sealed proposals with the title, date, and hour of the public opening designated. The request for proposals is used when the county is incapable of specifically defining the scope of work fol..which the commodity, group of commodities, or contractual service is required and when the agency is requesting that a qualified offeror propose.a commodity, group of commodities, or contractual service to meet the specifications of the solicitation document. A request for proposals includes, but is not limited to, general information, applicable laws and rules, functional or general specifications, statement of work, proposal instructio~s, and evaluation criteria. P. "Responsive bidder" or "responsive offeror" means a person who has submitted a bid which conforms in all material respects to the invitation to bid or request for proposals. Q. "Using Agency" is any department, division, agency, commission, Board, committee, ~uthority or other unit unde~ the direct or indirect control of the Board of County Commissioners using commodities or procuring services as provided for in this Ordinance. Nothing contained herein shall be construed as requiring Collier County's Constitutional Officers (Clerk of the Circuit- Court, Property Appraiser, Sheriff, Supervisor of Elections and Tax Collector) to be covered by the provisions of this Ordinance. However, the services of the Collier County Purchasing Department and Purchasing Director may be made available for their use , Section 3. Duties and Authorit~ of The Purchasin~ Director. The Director shall have the authority to negotiate all purchases for all using agencies except as required by State, Federal or Local Law. Section 4. Conflict of Interest No officer of the County shall contract with or have any business dealings with the County whereby they may derive income or benefits other than -4- 026 3'93 . .:'.,JAMES C;'"~LE~, CLERK ~ ',, ':? .?.:.;:,..' .'... Approved as to fo~ and LeEal those provided as remuneration from the County for their employment. However, no offJcer or employee of the County shall be prohibited from purchasing, at public auction authorized by law, used goods or materials from the County on the same basis as are all other members of the public. Further, the County may purchase from any employee or officer any real or personal property owned by such officer or employee which it is determined to be needed for County business, provided that the consideration paid for such property does not exceed its fair market value. f Section 5. Adoption of Purchasin~ Pol.icy. The Board of County .Commi~ioners shall adopt by Resolution the Purchas- ing Policy of Collier County. Said adopted policy shall have the full force and effect of law and sh~il be binding upon all County employees. The Board of County Commissioners may amend said Purchasing Policy by Resolution ap- proved by the Board of County Commissioners at regularly advertised Commission Meetings. Section 6. Se~abilit¥. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section 7. Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been.' filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier .~ , 1987. / BOARD OF COUNTY COMMISSIONERS COLLIER f,~NTY, FLORIDA o MAX~ A: HASSE, JR. Chairman/ 'l'~Is ord]nance filed with the Secretary of State's Office th~. _ and acknowlec~ernent of that fllin~g received ~'L~ ~ day STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, C/erk of Courts in and for the Twentieth Judicial Circuit~.Collier County, Florida, do hereby certify that the foregoing ts a true copy of: ORDINANCE 8?-2§ which was adopted by the Board of County Commissioners on the 21st day of April, 1'~? during Regular Sessi3n. WITNESS my 'hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of April, 1987, JAMES C. GILES Clerk of Court~.'~M~"O,l~rk Ex-officio to ~,,~., Countv_Cozmi~s~o~ers '. /. ', ~ · % ..,i~%~~.. ....., ~.% - .: ..~ 2.: · 0 ~ ~ 0", . ,,' ~ ', '- A,~, '.- . ""., ~ ~