Resolution 1990-053 ' �.,i FEBRUARY 6, 1990 � r j,''
r'''',`v PESOLLf1"ION NO. 90- 53,
}x ;' RESOLUTION PURSUANT TO COLLIER CCUNPY ORDINANCE NO. 87-25
FSZ'ABUSHING A PURCHASING POLICY FOR 0OLZS'E.'F2 CXXJmI1Y AND
RF LING AND SUPERSEDING OOLLIER COUNTY RESOWrION NOS.
87-103,87-201, 88-25, 89-156 AND 1HE PURCHASING POLICY AS
' REESEtENCE) AND AMENDED "III EREBY
i
WHEREAS, the Board of County C.cmmxssioners on the 21st day
, ; of April , 1987, enacted Collier County Ordinance No. 87-25,
which Ordinance established a system of purchasing administration ;'
for the goverrmr..nt of Collier County, Florida, including 4°
providing for a Director of Purchasing; and
" WHEREAS, Collier County Ordinance No. 87-25 provided for the
k'''''i*I„,i.'„,, establishment and approval of a Purchasing Policy to govern all ,
'' aspects of Purchasing Administration; and
WHEREAS, the Board of County Commissioners (Board) adopted a ,,
it Purchasing Purchasing Policy by Resolution No. 87-103 on April 28, 1987; and
WHEREAS, the Board recognizes the desirability to update and
it,'','1' ', amend the Purchasing Policy to reflect legislative modifications ,,,s
4 s and provide for operational efficiencies in the county,s
administrative purchasing and contracting procedures since the
adoption of the Purchasing Policy in 1987;
WHEREAS, Zhe Board of County Commissioners has � ,
that it is in the best interest of Collier County that the ,;'
attached Policy be established and approved as the lawful rules a¢
and regulations governing the Collier County purchasing Via,
il.:,,,,,d,,, _ , ,,4,,,,
administration.
s1
M;,!.:
' NOW, TIIEREFopE, BE rr .RESOLVED BY ¶ E BOARD OF GOUNIY
" COMMISSIONERS OF COLLIER COUNTY, FIARIDA that:
I, Resolution No. 87-103 and the Purchasing Policy attached
'' thereto and incorporated rporated therein by reference and Resolution
Nos.' 87-201, 88-25 and 89-156 are t
Y repealed: and }
C''''''', =
i
'tea u' r,
AMMEMM
r.
rI 41
# 1
? q FEBRUARY 6, 1990 a
4F r AM
h
' super, ded by this Resolution and the Purchasing Policy
y A•r
' . attached hereto and incorporated herein by-reference and said
l ' poli is hereby established and approved as the Purchasing`
Policy for the administrative service of Collier Coup
3 tyi
' Florida, pursuant to collier
�,�f Co .Ordinance No. 87-25.
This Resolution adopted after motion, second and
; , majority vote favoring same.
" � Q�TE: Februar 6 '1'Y
1990 oprIz of ocrsrncm ",
ODIC afM FLARXfl
ATI'FS'1'; i «,
tt' Jam.; C. C'ILES, Clerk ,,�/�
A HASSE, •,j. •
*:,:',:;',`,,,1„,', Maureen Kenyon, qty Clerk ,
c
�`+r AS ID AND ri 2U,
SCJFF'ICEFNCYS ,
t /
�•! / i 4,1
',' ° -th B. Cuyler
"a f' " Collier County Attorney x
s F s ''4:':::-''.?„f°
fi j ` s ra"
� �h ,
4•"
°" nod
n P Y,k(""y,t$w ',,t4,1,
d
y it'P$
', ,� f�
1 h^�
2
c
,�` aim
J
PURCHASING POLICY OF COLLIER CRY 6, ,,, 1990
4,
I. ESTABLISHMENT OF PURCHASING POLICY
Ordinance No.87-25 provides for the adoption of a
1 Purchasing Policy. Collier County Resolution No.
90- establishes the following Purchasing Policy.
II. 2UBLEASING DEPARTMENT RESPONSIBILITIES
A. The Purchasing Department shall be responsible for:
1. Seeking Minimum Expenditure: Act to procure for a
the County the highest quality in supplies and
Y; contractual services at least expense to the
County.
2. i;ncour-ping competition: Endeavor to obtain as
°' ' full and open competition as possible on all purchases and sales.
3. Procedures Establish and amend, when necessary,
operational procedures for the implementation of
the Purchasing Policy provided by ordinance.
Said procedures shall become effective only when
approved in writing by the County Manager.
Copies of the procedures shall be maintained on
file in the office of the Purchasing Director.
. 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 Manual: Prescribe and maintain a
standard Purchasing Manual for all using
agencies. The content of said manual will be
n
governed by this Policy.
if,` 6. Forms Prescribe and maintain such forms as
:4 shall be found reasonably necessary to the
operation of this Policy.
7. Vendor Certification: Document that vendors
doing business with the County have acknowledged
TJ-k their understanding and acceptance of the terms
; F and conditions of the County's Purchasing Policy
and have agreed to abide by,those terms.
i, 8. pulk Purchases: Exploit the possibilities of
; ,, buying "in bulk+ so as to take full advantage of
t discount. '
�s
.. 9. Vendors' Catalog File: Prepare, adopt and
maintain a vendor's catalog. file. Said catalog
shall be organized according to materials and/or
,: services and shall ',contain descriptions of
vendors' commodities, prices and discount.
10. Tax Exemptions: Act so as to procure for the
County tax exemptions to which it is entitled.
11. Cooperations Cooperate with using agencies so as
to secure for the County the maximum efficiency
in budgeting and accounting.
hA,¢
-1- 11 �;.
f
• 7
.. 12. Disqualification FEBRUARY 6, 1990
, .,,, qu fication of Bidders: Have the
} responsibility to ascertain the identity of all
vendors who default their quotations or bids to
the County or fail to provide commodities and
services required under contract. Further, to
determine if said vendors shall be removed from •
purchasing consideration for a period of three
M years unless this prohibition is expressly waived
by. the Board of County Commissioners.
13. Inquiry and Control: Have full authority to
, ,,; s question the qualit
k item requisitionedy�in quantity, and kinds
order that the best
''e interests of the County are served.
III. .,
0;11 ;., (PURCHASES OF $500 OR LESS)
A. Field Purchase Orders, with the approval of
i,., ' the departments authorized signatory, will be used
' ' by departments for immediate purchase of
commodities, out-of-town- travel expenditures and
t,,,. .
services not to exceed the maximum value of $500.00
y %; IV• OUOTATIONS (PURCHASES BETWEEN $500-$6,500)
A. All
� , purchases of commodities and contractual
services of a total estimated value over
less than or equal $50f Six
�;" goal to the formal Bid. Limit of six
Thousand, Five Hundred Dollars ($6,500.00) may be
made in the open market without formal public
,2 announcement and without formal bid. All purchases '
not requiring formal sealed bid shall be awarded by
' i•
t the Purchasing Director to the and
responsive vendor submitting the lowest$ququote awhich
T meets all specifications:
• 1. Minimum Number Ouotes: Open market purchases or
sales in excess of $500 but less than or equal to
$6,500 shall be based on at least three (3)
• competitive quotes and shall be awarded' to the
o-„ lowest qualified and responsive quote in
f accordance with the standards set forth in this
Policy.
2. Solicitation of Ouoaa: The Director may solicit
��" :, either oral or written quotes for open market N
f pricing or sale, using available bidders' and
." : supplier lists. All oral quotes in excess of
$3,500 shall be confirmed in writing by the
�
'" vendor prior to purchase.
�
m ik,:-l3. Public Recorri: The Director shall keep a record
of all open market quotes submitted and such
records shall be open to public inspection after
award has been made.
/4,,,,''
,, B. The requirements for requesting quotes from three
+,`":, (3) or more sources are waived and do not require
1 Board action for
r 1. Purchase of library books, education and/or
(* Personnel tests, similar audio visual materials,
l` periodicals, printed library cards and,
2. Professional services;' and, in instances When
authorized by the Purchasing Director where
commodities or services are purchased ; directly
from the owner of a copyright or patent a `
x'a,', governmental agency, a• recognized educational
. institution, or when there are no . other
• ' ' identifiable sources available.
t
.. , FEBRUARY 6, 1990 fa V. gORrsAL COMPETITIV$ THRESHOLD (Purchases in excess of �r
$6,500)
A. It is the intent of the Board of County
`''` Commissioners to establish an amount of Six
Thousand, Five Hundred Dollars
-($6,500) 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 bids,
competitive proposals and competitive selection and ' . 4'
negotiation.
B. All purchases subject to formal competition shall .
be awarded by the Board of County Commissioners.
C. Exception For Single ource Commodities: Purchases
of commodities and services from a single source
g
F,,; ' 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
properly perform the intended function(s); ,t
1,,,:,',":.- 2. The recommended vendor/contractor is the only
---J ,
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 t•,
exempted from competition by the Purchasing
Director, as permitted by law. Any waiver of .
competition in a specific instance shall not serve
to waive competition of future purchases of a
similar or exact nature.
VI. COMPETITIVE BID PROCESS
Any purchase of commodities or services costing in
excess of the formal competitive threshold shall be
accomplished by competitive sealed bid, by competitive
selection and negotiation (per section VII) or by
competitive proposals (per section VIII) . Award of Bid
Contract shall be made by the Board to the lowest
qualified and responsive bidder 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 are more stringent, >tw
A. Notice Invitinct Bids: i '
` 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
G '; receipt of proposals.
,, , 2. Scone of Notice: The public notice required yF'
k herein shall include a general description of the W
articles to be
,y purchased or sold, shall state
where bid instructions and specifications may be
i' secured, and the time and place for opening bids.
1 -3- ;
00079
s
°.2hn
3. FEBRUARY 6; 1990
,� B ddars List. The Director shall also solicit
sealed bids from qualified Prospective
vendors/contractors who have requested �,,
�';, quested their
names be placed on a "bidders' list", which the
Director shall maintain, by sending them a copy,
of such a notice as will acquaint them with the'
proposed purchase or sale. Invitations sent to
the vendors/contractors on the bidders' list
t 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/contractors may be removed from
the bidders' list by the Director for continual
non-response to bid requests.
� 4. Hid Denost +�
�, _ When deemed necessary by the °
.1, ,. Director, bid deposits shall be prescribed in the
;;, public notices inviting bids. Said deposits
a`: shall be in the amount e
the bid submitted. The D rector fshallehavetthe
authority to return the deposits of all bidders
excepting that posted by the apparent lowest,
,:ii,',, qualified and responsive bidder 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
t. on the vendor's part to enter into a contract
within ten (10) working days after,written notice
'
_ of award.
haw;.,
, 5. Bfd Addenda: An addendum to a specification
shall be defined as an addition or change in the
4 , already prepared specifications for which an
invitation has been mailed for formal quotations
y# 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
specifications.
b. The Purchasing Department shall be responsible
4 , r, for insuring that all prospective bidders who
have received specifications are notified of
.,
addendum in writing prior to opening of
bids.
11 B. Procedure for Bias;
i'lk.::', 1. Sealed B ds; Sealed bids shall be submitted to
. the Director and shall be clearly identified as r,
fi';::::: ' bids on the outside of the sealed envelope. t ,
2• tiand Bids shall be opened publicly at the r;`
pace stated in the public notices and
shall be witnessed and certified.
ulate
3. Tab
Tab -one 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 and any one
of the low qualified vendors has a
't' of business located in Collier County, the bid place
hall
F'. be awarded to the local bidder. If the low, ,
6.
qualified bidders are "local" bidders, award shall
be made to a minority owned contractor, by lot, or
i� the Board of County Commissioners ma . re
, bids. y ject all
-4
x f / � zip
' �✓ - ✓ �/ -i--.
fry.
D. Rejection Of Bids And Negotiations FEBRUARY 6, 1990 ia
�;ac ✓' .
A, 1. The Board of County Commissioners shall have
the authority to reject any and all bids.
",
L. 2. If the lowest and most responsive bid exceeds
the budgeted amount and the Board of Count
Commissioners does not make additional funds
.",r, available, the Purchasing Director may
negotiate changes with the low qualified
bidder that will bring prices into budgeted
w limits, or the items) may be re-publicized
'' for bidding after making sufficient changes
i ' ` within the limit of the money available.
, . 3. If no bid is received, the Board of County
S+',? . 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.
7*`' 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.
Award Of Bid Contract: The Chairman, when
j authorized by majority vote of the Board, shall
*J 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
lkz.s the Board Of County Commissioners to the lowest
n ,. . qualified and responsive bidder. In addition to the
' price there 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.
if
4. The quality and performance of previous contracts
t„ awarded to the bidder.
5. The previous and existing compliance by, the y,
bidder with laws and ordinances relating to the
contract.
6. The .
quality, availability and adaptability of the
A;, commodities or contractual services to the {;;
particular use required.
7. The ability of the bidder to provide future rt;
, maintenance and service (where applicable).
I
All recommendations for award for bid contract Will 1: I
,' be reviewed and approved by the Purchasing Director
i prior to presentation to the Board of County ,
b' ,
Commissioners.
Yip n�. �
Bidders competing for a prospective bid award will
t.
not be permitted to address the Board regarding a
prospective purchase '
�,. prior to the time of award
%.: unless requested to, do so by the Purchasing Director
g ,; or by a majority vote of the Board.
66.
s -5- t
F
0; �, 000 31. , v,, i;
$ ."ey e- // �9 r
�
9
��P ��
s
FEBRUARY 6
it:
VII. PROCUREMENT OF PROFESSIONAL SERVICES 6, 1990
: A
` ,_ A. Because differences in
v"` 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
y, typically acquired through one of the following ,
methods:
,
1. Competitive Selection and Negotiation.
r 2. Competitive Proposals (pursuant to Section VIII) . a
) .
w
4; 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.
�7r 2. Architecture, professional engineering, landscape
architecture, or registered land surveying
�fi:k,`" services (as
r ( p er Section 287.055, F.S.) .3. Audit and Accountin Sery�,�� � Accounting ices: - .auditors
accountants (excepting the selection of the ;
annual auditor which shall be conducted as per
Section 11.45, F.S.) .
1s 4. Consultants - planning, management, technological
. or scientific advisors.
5. Financial Services - bond counsel, rating and
underwriting, financial advisor, and investment °'
services. h ,
, ,, 6. Legal Services attorneys and legal il
:„. professionals. ,'
, 7. Medical Services - medicine, psychiatry, dental,
�r hospital, and other health professionals. ,
C. Requests exclusively for services defined under
VII.B.2 will be procured in a manner consistent with
N Section 287.055, F.S., known as "The Consultant's
Competitive Negotiation Act” as required by said _ ,
„ statute. For all service procurements in excess of
4' : the formal competitive threshold under the c 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.
0 D. Final selection of the professional service provider
. (award of contract) shall be made by the Board of
}�, County Commissioners.
. E. Purchases for all professional services estimated to
1,� be less than the formal competitive threshold may be da,!
approved by the Purchasing Director, as permitted by .<'''
law. .
P. Requests g ,
quests 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. - 7
zi
}�. -6- 0008`
It
l
VIII. COMPETITIVE PROPOSALS
FEBRUARY 6, 1990 ,
A. The Competitive Proposals
p process is a method of „.
contract selection that may be utilized by the
Purchasing Director under circumstances where one or
more of the following conditions exist:
` '' 1. Where qualitative considerations are of equal or
greater concern than pricing considerations.
2. Where the conditions of the purchase do not lend °
themselves to the formal sealed bid process or .
the award of a firm, fixed fee contract.
3. where the County is incapable of specifically
defining the scope of work for which the
commodity(s) or service(s) is required and where
the qualified offeror is asked to propose a
commodity(s) or service(s) to meet the needs of
the County.
s, 4. Where the County desires to enter into a single
contract for the design and construction of a
" public construction project(s) .
i3
' B. For purchases in excess of the formal competitive
threshold and where appropriate or required by law,
the Competitive Proposals process will be utilized
„ as follows:
=fir,. , 1. A Request for Proposals (RFP) will be prepared
P 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 requests) 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
;A 287.055, (10) (c), 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 professional service contracts
subject to the provisions of Section 287.055(4),
F.S., estimated to be in excess of $100,000, the
selection committee shall submit the names of
three or more proposers unranked to the Board for
formal ranking. 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 i.
01. ' or more steps as permitted by law and deemed ,
. appropriate by the PurchasingDirector.
¢¢,y,,, 00083 �'„
ti{ FEBRUARY 6, 1990 ,4'
` C. For purchases in excess of the formal competitive
^ threshold, final selection of the award.. will be
�1. 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 OP 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.B. and the
procedures set forth in this section.
B. For the purpose of this section, the following
x,r. definitions shall apply:
roc 1. A "design/build firm" means a partnership,
" corporation, or other legal entity which is:
a. Certified under Section 489.119, F.S., to
4 ; engage in contracting through a certified or
,, registered general contractor or a certified
; " or registered building contractor as the
qualifying agent: ands
b. Certified under Section 471.023, F.B., to
practice or to offer to practice engineering:,
f, certified under.Section 481.219 P.s., to
practice or to offer to
,; practice architectures
or certified under Section 481.319 P.S., to
practice or to offer to practice landscape
,,. architecture.
`i`5• 2. A "design-build contract" means a single contract
' t with a design-build firm for the design and x,'
construction of a public construction project. F'
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
an agency to enter into a negotiated desi np uild
contract. The design criteria a build
specify such performance-based criteriagefor bthe
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
r : project. X'
• r1, .
t,� 4• A "design criteria professional" means a firm :4 •
that holds a current certificate of registration
C,::::: under Section 481 to practice architecture or 4
landscape architecture or a firm Who holds a `,
current certificate as a registered engineer
•
bey
, J^' Under.Section 471 to practice en neereng knit MAO
provide by or under ,contract- to the agency to {,'`
*,. professional architect services,
landscape architect services, or engineering
c' services in connection with the preparation of
u the design criteria package.
i
d,
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.B. The design criteria
ti
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 4.
for professional services to prepare a design
criteria package(s) shall inform the recipient firms
Jr.` of the following information:
fir; .
'h 1. A description of the
project;
v;
if
2. The work to be performed;
3. written notification that the design criteria
,° professional who has been selected to prepare the
' " design criteria g
�E package shall not be eligible to
k render services under a design-build contract
tr
executed pursuant to the design criteria package.
D. Upon completion of the Design Criteria Package,
1 et
e, procurements of Design/Build services shall be
:'. processed in a manner consistent with section VIII.,
n hereof entitled ',Competitive Proposals's.
s 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 osals design/build firms, theosupervisionmortthe approval the
by the county of the work drawings of the ect
. „ and evaluation of the project construction with the 4 ',' design criteria package.
,, F. The Board of County Commissioners may declare a
7 public emergency, where appropriate and authorize gfi`
the using agency to negotiate an agreement for Board':
approval with the best qualified design-build firm 4
available at that time.
X. Affirmative Action; It shall be the
policy,of Collier
"; County to require each department, agency, entity or, "` '
4 " agent of the County to promote and assist small and
'4,� minority businesses in
gaining entry to do_ business
, with Collier County. By assisting small and minority
s�
' businesses, the County will help to expand and develop ,i1
g4 the small and minority business sector in Collier A
county. The County will also comply with the Section 3
clause of the Housing and Urban Development (HUD) Act
•„
fig"' of 1968 to the greatest extent possible. To accomplish ,
this objective, the County shall implement t
'; following procedure. p the
,": 1. Maintenance of a list of small and minority business
concerns and notifying them of contracting ; E�
14,,, opportunities with the County.
-9-
1[, ' I_�� 001085 } ly
S 1 tf 4 '
S,Ha.
���; rya
°' FEBRUARY 6, 1990
£. 2. where appropriate, utilization of the news media
Chamber of Commerce, appropriate state agencies:
',;'„ local advertising services, citizens' advisory
"' boards, regional planning councils, federal agencies
listings and other appropriate sources to identify
/ ,%' small and minority business concerns for possible
involvement with County contracts.
I,
" Maintenance of records (copies of memoranda
�'` 3. Maintenancf
, general
2, correspondence, etc.) to document that all steps in
the action plan have been followed.
3"" 4. Designation of the Purchasing Director to coordinate ,A ,
the implementation of the affirmative action plan. �e a
,f, This designation may be changed by the County.
' Manager where appropriate.
$.„ XI. PAYMENT OF INVOICES
it is the intent of the Board of County ; {
sit Commissioners that all agencies under its purview be
in compliance with Section 218.70 F.S., otherwise
known as the "Florida Prompt Payment "
p yment Aat Pursuant
to this, the requirements of this section shall
"'x apply to the following transactions:
rf
A. , 1. The purchase of commodities and services;
2. The purchase or lease of personal property;
3. The lease of real property. ;
d a , ''" B. It shall be the responsibility of the Collier County f '
4: Finance Director, in consultation with the Purchasing Director and using agencies, to
w'.n establish, distribute and administer procedures for
the timely payment of all transactions as defined
under XI.A hereof. Such procedures shall include,
s! ( but not be limited to the following:
f 1. Formally defining the County's requirements for j'
the content and submission of a proper invoice,
1,4 codifying the County's payment requirements and
s�,, formally notifying each vendor of their
availability.
2. Steps required for the receipt of all invoices '
14« and the prompt return of improper invoices. '
' 3. Steps required for the resolution of a
�,., payment
" disputes between the County and a vendor. k'
.4 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 during the
w preceding fiscal year. K
XII. PAYMENT OF DUES FOR MEMBERSHIP IN PR•FESSIONAl1 ;,
4",, ORGANIZATIONS
t
i County funds may be used to pay for dues for membership
..:r '1,1 P Y hip
in a professional or other organization provided that
� X'" such expenditure meets the following criteria: u'
1. Such membership is deemed necessary to meet duties f, '
" and responsibilities required by Federal, State or
local mandate or to facilitate proper professional f' development. ,
4f -10-
a //w/1, / n t {��
t U0086 f
d
2. The organization ofinembershi is o aRn Y
"� nature. P -p�bf�i � „
' 3. Sufficient funds are available within the kD'
. • appropriation unit/summary code. proper AAA
XIII. STANDARDIZATION. COOPERATIVE PURCHASING AND
GOVERNMENTAL CONTRACT5
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 Manager if less than the
competitive bid or negotiation threshold.
B. The Director shall have the authority to join with
other units of government in cooperative purchasing
ventures 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: '
� rY; Above $25,000: -Requires three (3) quotes and Board
approval.
' ,� , $6,500 - $25,000: Require three (3) quotes and the , Y
approval of the Purchasing Department. .
`yy
w $501 _
, - $6,500: Require the prior approval of the �u- :' .
, Purchasing Department. ,_
kl,T,, $500 or less: Require the prior approval of the
authorized signatory. '
• ), `' XIV. CONTRACT ADMINISTRATION
4 ., A. Contract Document: Every procurement of contractual # .,"'''
services or commodities shall be evidenced by a ' y�=i
! '/"written document containing , all provisions and ,'
conditions of the procurement. Said document shall
include, but not be limited to:
M
d ,
1. A listing of the scope of services to be
ir,• performed or commodities to be purchased. ;`
2. A provision specifying the criteria and the final ; ,
date by which criteria must be met for
> completion of the contract.
Of',: ,, 3. A provision specifying the terms of cancellation t
`', by the county and where applicable, a provision
.,, specifying the terms of renewal.
? ;. 4. Where applicable, a provision establishing the .
r>: appropriate t :r
� ,, 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
I P.8., a provision requiring the contractor/vendor �4
�a ; to inform the County if he/she has been convicted %
t
' of a public entity crime subsequent to July 1, jq
1989.
A purchase order that embodies these provisions :.
i. shall be sufficient documentation of ; the
5i procurement.
•
CUQ !
�
�; FEBRUARY 6, 1090 .
•, B. Contract Managers Every procurement of services .t'
, shall be administered by the using agency , fi}
(requesting department) . '
C. Contract Changes: Change orders/supplemental
-s` agreements to a Board approved purchase or contract
t . may be approved by the County Manager or his
�`;•,, designee provided that the change (or the sum of the
, � changes) ;
{' 1. Amounts to 10 percent or less of the original
nip;
.,. Board approved amount and,•
2. Does not exceed $50,000.
`;•-• 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. \;
„ such purchases shall be subject to all other
provisions of this policy.
Procedures further delineating the definition and
use of change orders and supplemental agreements '
shall be included in the standard Purchasing Manual. -
:_ D. Contract Extensions Extension of a contract for
commodities or services may be requested by the_° contract manager to the Purchasing Director in
iE writing for� = g period not to exceed six (6) months
and shall be subject to the same terms and
" '' conditions set forth in the initial contract. The A
: , initial extension of a contract may be authorized by
the County Manager or his designee. Any subsequent
�i,<° extensions shall be approved by the Board of County
Commissioners.
E. Contract .Renewal: Direction for the renewal of a
j contract for commodities or services shall be in i•
s writing by the contract manager to the Purchasing
j Director and shall be subject to the terms and
N ," conditions set forth in the initial contract. The
4° cost and terms of any contemplated renewals shall be °
. ,: included in the Invitation to Bid or Request for
' Proposals. Renewals are to be done on a yearly .
basis, and any such contracts shall not be renewed f
for more than 2 years unless competitively procured
!'. or otherwise specified by the Board of County .
Commissioners. Renewals shall be contingent upon ' -
satisfactory performance evaluations by the contract
> manager. d :,
e,„ F. Contract Anproval: Al]. formal, bilateral contracts•t, , for , commodities and services shall be authorized by ,.
the Board of County Commissioners. ;;
14' XV. PERFORMANCE AND PAYMENT BONDS t
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 tu';
' i�° labor and material expended pursuant to a contract A".
whenever, and in such amounts, as required by statute ,
j " or otherwise as deemed necessary by. the Purchasing
Director. An irrevocable letter of credit from a g
-12- `
•
. //r4' / 0008 ?:,,',, ..-. . • , ....6;;;?0•L„ ).N4. 1D,
v t
J
e'r%
FEBRUARY 6, 1990
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 n
•A' documents. All such bonds or letters of credit shall
be ' approved as to form by the County Attorney.
to Board action on a bPork.
public building or public work
0r;;, construction or repair contract at or above the formal
y. competitive threshold, the Board shall be informed by
the Purchasing Director or Using Agency at public '4`
,'
Ai,,"..'"" H . meeting of any such proposed contract that does not
Board award performance and payment bond. Thereupon,
a rd of suc
such can
trac
t not requiring a
performance bond and payment bond shall be considered '
r an exemption from said requirement.
f-4:::: :.
XVI. .•. • :.:
0 4.. No County officer or employee shall intentionally
.:µfr, order, other than by Field Purchase Order, the purchase
"�,.; of any commodities or services, or make any contract
z:. within the purview of this policy other than through : ,`
''.,'".,t,', the Purchasing Director. Any purchase order or .
contract made contrary to the
� � provisions hereof shall '
not{"' thereby. approved and the County shall not be bound
4 y• All purchases made within the provisions of
1r* this Policy shall be made with a Field or Regular
, ;; , Purchase Order, whichever is appropriate.
,, A. Exc=utions: This section shall not apply to the
.
f i , payment of premiums for insurance policies that have been acquired through"g prior Board action. This
Y,i' - section shall not apply to nor supersede '
,-J:;. Resolution Nos. 86-30, 86-209 and 87-16. ` ' .
XVII. PROHIBITION AGAINST SUBDIVISION
c" . No contract or purchase shall be subdivided to avoid `
the requirements of this Policy.
XVIII. PROTEST OF BI D OR PROPOSAL AWARD
•
The purpose of this section is to accommodate
legitimate protests concerning formal competitive
invitations and recommended contract awards above the -.
1,,f,';',,Y-
competitive bid or proposal thresholds rior to
P award
� °" , of contract by the Board of County Commissioners.
i , A. Any actual or prospective bidder or respondent to a
;t,..; 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 Director of Purchasing,
who shall serve as the sole recipient of any and all
„r, F notices of intent to protest and all formal;
protests.
B. All formal
protests with respect to an Invitation
el.'''':,', for Bids or a Request for Proposals shall be .
submitted to the Director of Purchasing in writing
� ' prior to the opening of bids or the closing time ,for
;, acceptance of proposals. The Director of
Purchasing, in consultation with the contract ”
manager, shall have the authority to address all
F such
protests received under subsection B. and "to . h°
�r
determine"whether postponement of the bid opening or '
proposal closing time is appropriate, TheDirector s
. of Purchasing's decision shall be considered.final
and conclusive unless the protesting `
subsequent formal P h.. Party fiend.d",
�� protest of the recommended
contract award as described under this section,
r '
n p�
irc -13- a},.fit#..
•
7',i',
shy
' �, , FEBRUARY' 6, 1990,
' ' C. Any actual or prospective bidder or respondent to a
Al ,,. Request for Proposals who desires to formally '' .
protest a recommended contract award shall submit a
' - notice of intent to protest to the Director of '`
3 Purchasing within two (2) calendar days, excluding ,'%
weekends and County holidays, from the date of the
i," initial posting o
. P g f the recommended award. .,:YN.
D. All formal protests with respect to a recommended
contract award shall be submitted in writing to the
+k. Director of Purchasing for a decision. Said '
protests shall be submitted within five (5) calendar ': ,.�
le,Ir. days, excluding weekends and County holidays, from
the date that the notice of intent to protest is
i.A..,:., received by the Director of Purchasing.
Yy The formal protest shall contain, but not be limited
.� to the following information: `
)ir,' fie
1. Name and address of County agency affected and ''
;'' the bid number and title.
2. The name and address of the protesting party.
3. Statement of disputed issues of material fact.
V . � If there are no disputed material facts, the '
�3 written letter must so indicate.
:"" 4. A concise statement of the ultimate facts alleged 4�
r; , and of any relevant rules, regulations, statutes,
,;h,; and constitutional provisions entitling the
protesting party to relief.
`� ", 5. A demand for the relief to which the protesting d '
,.. party deems himself entitled. �,f.
6. Such other information as the protesting party
deems to be material to the issue.
li'i.,,,,,;.,.. E. In the event of a timely . . .
y protest of contract award
consistent with the requirements of this section , ;;
the Director of purchasing hall not
,. g proceed further
° with the of contract until all appropriate ?-
administrative remedies as delineated under Section err °
.,, XIX have been exhausted or until the Board of County
commissioners makes a determination on the record s
that the award of a contract without delay is in the ,
best interests of the County. 4 ' .ti
fig, F. The Director of Purchasing shall review the merits �`
•
of each timely protest and in consultation with-the ;'ry <
Il' v contract manager, issue `a decision stating the
P" reasons for the decision and the protesting party's �`
rights of appeal under section XVIII Said decision ,4
shall be in writing and mailed or otherwise '
,, furnished to the protesting party. The decision of
the Director of Purchasing shall be final and
!: conclusive unless the
Y,,. protesting party delivers a A`• subsequent written objection to the Director of9
't`, Purchasing within two (2) calendar days, excluding
weekends and County holidays from the date of
receipt ofthedecision. ,
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 ,
�, 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
F'VA'
t
�� 4i,
FEBRUARY 6► 1990 ,
the County Manager for submission to the Board of
t, County Commissioners. Prior to commencement of the
x hearing, the protesting party shall be required to';
K post a cash surety in an amount equal
r,;, percent of the usin a eno ' estimate of one (1)
f� contract amount or one-thousand dollars ($1,000).,1, 0he
{ whichever is less. Should the Hearing Officer find
11; in favor of the County, the
forfeit as protesting party shall
orfeit the surety Otherwise, partial payment for undue
Otherwise the surety" will be returned to _
the protesting party.
r H. In the event that the
protest cannot be resolved by
f mutual consent, the matter will be referred to the ''?
Board of County Commissioners for final resolution.
I. Failure to file a formal 4
1 protest within the time and
., A manner prescribed by Section XVIII shall constitute
' a waiver of the right to protest by any .r-
';" party as defined by subsection A of thisYsection.ting
' The purpose of this section is to establish
lk
" procedures � ��
for the resolution of claims against the County .t!
L, relating to a contract awarded by the Board of County
� commissioners.
y4 , A. Any party (herein referred to as the "contract r"
1.1, that has entered into an agreement with the Board of
zh County Commissioners for the provision of
commodities and/or services and alleges to be
s" aggrieved in the performance of said agreement may
file a contract claim with the Contract Manager • ,=!•
responsible for the administration of the agreement.
B. All claims by a contractor against the County
relating to a contract shall be submitted, in writin ' `
to the Contract Manager for :a decision.
Claims
` include (but are not limited to) disputes arising ,,
F under a contract and those based upon breech ofk.
contract, mistake, misrepresentation, or other cause
for contract modification or rescission. �'he claim
shall contain, but not be limited to the following
R r, 4:,
information:
n
1. Name and address of the County agency affected �r.
i , , and the contract number and title. 14;
2. The name and address of the contractor.
� , 3. 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 contractual provisions, t '
",t,:,,'''
,' , rules, regulations, statutes, and constitutional = .
® :' provisions entitling the contractor to relief.
� 1 5. A demand for the relief to which the contractor
deems himself entitled.
k
*: 6. such other information as the contractor deems to ''
,, be material to the issue.
,. C. The decision of the Contract Manager shall be issued
0 in writing and shall be mailed or otherwise ;�'
furnished to the contractor. _ The decision shall '`
V, X15-
, , 4,4!'''):::., 40t""spel //""/d9f , ,., ,;,s,,,:t,,,,,.,,,,„.,:,,,,i':,,,:;;;i„,,.'1.!.,,I,.,,,.4
2
i
}
FEBRUARY 6, 1090
state the reason(s) for the decision reached and
, 0,i specify the contractor's rights hts of n �
Subsection C of this section. g ppeal under
z' '
D. If the Contract Manager does not issue a written
decision regarding any contract dispute within
thirty (30) days after written re
decision, or within such ton er quest for
g period as may be
:` agreed upon between the<contractor and the contract °`
manager, the contractor may proceed as if an adverse
decision had beenreceived.
{�
,4' E. The Contract Manager's,decision shall be final and
y
`"°° conclusive unless, within five (5) calendar days
z. from the date of the contractor's receipt of the
decision, the contractor delivers a written appeal '`
to the County Manager. ppeal
•
F. In the event of a subsequent appeal
• N , Subsection E, the County Manageshalluhave ntthe -
H ',. discretion to appoint an independent hearing officer . ,
to review the facts relevant to the claim. 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 h.
4�, the County Manager for submission to the Board of
�. County Commissioners.
G. In the event that the claim has not been resolved by
�
r mutual consent, the matter will be referred to 4
a`! Board of County Commissioners for final resolution.
$} ,,, H. Failure to file any formal claim or appeal within
y the time and manner
constitute a waiver oifetherightytosfile�said claim
•
4 as defined by subsection A of this se
�, . section. �:
xx. .4
A. By County Manaaa`;
i ''i requires i In case of an emergency which
w immediate purchase of commodities or ':'4
1;,:;;',..:':''. services in excess of the formal competitive ;threshold, the County Manager shall be empowered to
authorize the Director to secure by open market '
tas procedure as herein set forth, any commodities or ; ,°
services. The County Manager shall . have, the �`
...4.-, , authority to act in the case of any emergency . .
including the issuance of emergency change {,
orders/supplemental agreements. Any emergency
A0,,,,,. action shall be reported at the first available
A0 regular or special meeting of the Board of County . � `
Commissioners.
B. By Purchasing Director: In case of any emergency ;
which requires immediate purchase of commodities orh
services equal to or less than the formal
x competitive threshold, the Purchasing Director shall
r,y be empowered to secure such services and commodities
m5 by open market procedure as herein set forth. Such
action shall be reported immediately, to the ,Count
manager.
,< This section in no way constrains the
St . collier County Ordinance No. 84_37, Provisions of . ,,
Via/ XXI. • •A :A,0 E
The Director shall inspect, or supervise the inspection
�r s�` of, or cause to be inspected, all deliveries .of supplie ." `}
or services to determine their conformance with the
specifications set forth in an order or contract.
-16-
FEBRUARY 6, 1990
A. Inspection by Using Agency: The Director shall have
{ t . the authority to authorize using agencies having the ti
staff and facilities for adequate ,-
r� goats inspection to ;
inspect all deliveries made to such using agencies
r , 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 .,
4, submitted with bids and samples of deliveries which ,
are necessary to determine their
conformance with specifications.: In thegpeerfor and
of such tests, the Director shall have theauthority
/,k' to make use of laboratory facilities of� any"agency i,
of the County or of any outside laboratory.
'4',...' XXII. euepLUS SUPPLj,ES J{NQ TANGIBLE PERSONAL PROPERTY 4
All using agencies shall submit to the Director, at '"
. , ible such times and in such form as shall be prescribed, ;. '
`t, reports showing stocks of all tan
g personal �'
property which are no longer used or which have become
,ar obsolete, worn out or scrapped. ,.
..
� A. Transfer: The Director shall have the authority to
transfer surplus stock to other using agencies.
, f' B. sale: The Director?shall have authority to sell all
:t supplies of a value less than the limits proscribed
' under Chapter 2747.8., which have becomeunsuitable � „
Iv,' for County use, or to exchange, or trade-in the
same, for new supplies. Sales under this section
R f.. shall be made to the highest responsible
`r G. in conformance with Chapters 125 and 274, P.S. All
? such sales are to be recorded in official Board
minutes, as re ired b statute. Sales equal to or '`
in excess of the referenced
statutory limits shall� require prior of the Board of County 'I Commissioners.
XXIII. CENTRAL STORM
The Director shall control and supervise storerooms and ,
'' shall administer the same.
, A. Accounting Procedure: Requisitions for supplies 44;
from Central Stores will be credited by the ;
Purchasing Department to the storeroom's revolving �M'
t4,r fund by
y a charge against the appropriation of the ,,
using agency, or by Invoice.
B. Inventorv: The Director shall maintain a e
p rpetual�� 4,44”
', , inventory record of all materials, supplies or
equipment stored in storerooms.
„' XXIV. COPIER P 0 R g
lxfi +
' All common photocopying functions will be under the
fif7` direction of the Purchasing Director. The Purchasing
Department shall carry out the responsibilities of the . ;..;:
purchasing equipment and supplies, regulations, service ..$
and maintenance, maintaining records and Furnishing the
; , Finance Department with necessary data to;equitably
, ' charge using departments forcopying services. Copiers
•
,'� used to benefit a sole user are exempted and are the are
; responsibility of the using department. ;
, z,.
' '',,,,,i,,..rt!,,,,,,i,,-„ .., ';',,,, 00 09 3 4.?
�a '? P,, , � ,'"-17- . , ,c ?j e spS r r i .,Ir ,.,15=U, z / 't , �, 'a ,, / / � ,, ;, + ,
y, t FEBRUARY 6, 1990 `
'''el'' XXV.
RICE AGREEMENT CONTRACT .PROCEDy$S
�u r
t k . ; The head of a usi.Ig agency shall have the authority to
h submit requisitions to the Director for supplies
available under the terms of a "fixed price agreement"
* ,, entered into in accordance with the terms of this
i� Policy and previously approved by the Board. This
44' procedure is for cases where a limited number of „ .
vendors can perform a specific requirement and the
'. vendors need to be utilized on a regular basis.
^yak: XXVL. $EVERAB.ILITy ',�:
' If any one or more of the provisions of this Policy �
+ > should be held contrary to any y provision of law or
v`a, contrary to express law, though not expressly
,, prohibited, or against public poll
""` nreason whatsoevergbe held invalid, henrsuchll for any
provisios) shall be null and void and shall be '
,,,,'',„t.,1,1,', deemed severable from the remaining provisions of this
`: Policy and in no way shall affect the validity of ally
°, other provisions of this Policy.
"f XXVII. REPEAL PRIOR AND CONFLICTING y ,
' All resolutions and policies or parts of resolutions'
T and policies, in conflict herewith be and the same 4 .'
' are hereby repealed. i
' ` ' XXV/II._ EFFECTIVE DATE
Y An official copy of this Policy shall be filed in the f .
,,- office of the Clerk to the Board of County
;;, commissioners immediately after enactment and this
' Policy shall take effect at that time.
ADOPTED BY THE BOARD OF COUNTY COMMISSIONE S OF COLLIER COUNTY, $ -
ft'4;. FLORIDA, BY RESOLUTION, IN OPEN SESSION r, ,,, /
,,
y,�4 t 4 �a M"
iV 'ft if 1 N1} :.
4 'f �tp t 4 i 4 1 6 t
9S" ! 4., t
`' iY/ `b b ` j3i�, Fp'ni
Fin �` ',tgn,4,
1 i Y,
i
, ,,,,,.,„„,,, ,, , , '‘,.. ',..,,,,,4,1t,„,,,
, x ,,, w� �R' , , f b 42,,.7 ,q 4 s ,t
• �u2j
j
'2�i i a . t t'g J „ 4,
`
• ;af . '1,F ' s ap N a ' V44174,
S ' r xh� k
�r e
F ', Yt f ,4
i,�RRRR t _18- • X 1 `
' c" # � ',,'6',1.r , d'i