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HomeMy WebLinkAbout01-289the ~ (the proc, RegU has b~ mater thing~ is nec deliw chan RESOLUTION NO. 01-289 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS BY INCREASING THE PER TRANSACTION LIMIT ON THE PURCHASING CARD PURSUANT TO RESOLUTION NUMBER 01-26; FURTHER BY AMENDING SECTION 7. 9 (AUTHORIZATION TO DEBAR VENDOR) OF SECTION 7 (VENDOR SELECTION) PURSUANT TO RESOLUTION NO. 01-102 TO INCLUDE VENDORS FAILING TO DELIVER MATERIALS OR SUPPLIES OR DELIVERING INFERIOR GOODS ETC. TO ST. LUCIE COUNTY; BY MAKING EDITORIAL CHANGES FOR CLARIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made lowing determinations: WHEREAS, on October 7, 1985, the Board of County Commissioners o£St. Lucie County Board") adopted Resolution No. 85-212 which established the purchasing regulations and :lures for St. Lucie County, Florida as set forth in the St. Lucie County Manual of Purchasing ations and Procedures (the "Purchasing Manual") and since that date, the Purchasing Manual ,~en amended from time to time, most recently by Resolution No. 01-102; and, WHEREAS, in order to allow for a more efficient method of procuring non-capital ials, it is necessary to increase each transaction limit on the purchasing card. WHEREAS, Resolution No. 01-102, which was adopted September 11,2001, among other created Section 7.9 (Authorization to Debar Vendor). In order for clarification purposes, it ~,ssary to amend Section 7.9 to include vendors who fail to deliver materials or supplies, or :rs inferior goods etc. to St. Lucie County. WHEREAS, it is also necessary to amend the Purchasing Manual to make certain editorial es for clarification. Luci amen ATT] NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations and procedures is hereby ded as shown in the attached Exhibit "A". 2. This resolution shall become effective upon adoption. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Cliff Barnes Commissioner John D. Bruhn AYE AYE AYE AYE AYE ~ST: PASSED AND DULY ADOPTED this ~3q'~ day of November, 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO LEGAL FORMAND SECT] ON 4 1.2 1.3 1.4 1.5 1.6 1.7 ;.8 ;.9 ;.10 11 . PURCHASING CARDS Purpose - Policies and Procedures How It Works Who Does What? Assignment and Control of the Purchasing Card Cardholder Use of Purchasing Card Procedures for Making and Paying for Purchases Disputes Dispute Procedures Review of Purchases by Department Travel Cards Purchasing Card Disaster Plan The efficiel Visa This servic~ indivi~ Gover Purch questi, 4.1 P1 e 5. ] 6.] Herei~ Deparl Direct, SECTION 4 - PURCHASING CARDS t. Lucie County Purchasing Card Program is designed to improve ~cy in processing low dollar purchases from any vendor that accepts the ~-edit card. Most of our suppliers accept the Visa Purchasing Card. rogram allows the cardholder to purchase approved commodities and ~'s directly from our vendors. Each Purchasing Card is issued to a named lual and St. Lucie County is clearly shown on the card as the amental buyer of goods and services. ~sing and Accounting will monitor the performance of the program. All ~ns or concerns should be directed to: ?rocurement Policy related: Purchasing Director .~rocurement Operations related: Sr. Buyer ~ayment related: Accounts Payable Supervisor Ext. 1700 Ext. 1700 Ext. 1493 IRPOSE - POLICIES AND PROCEDURES 'rovide an efficient method of purchasing and paying for goods and .ervices not exceeding ~ ~ ~" ~,~,~.v~, $2499.00 per purchase. (educe the use of small and multiple purchase orders. ~nsure that Purchasing Card purchases are in accordance with the 2ounty's ordinances, policies, and procedures. (educe the time spent processing low dollar transactions. ~nsure that the County bears no legal liability from inappropriate use of 'urchasing Cards. 'rovidc for disciplinary action if the Purchasing Cards are misused. are the minimum standards for County Departments. County :ments may establish additional controls with approval of the Purchasing )r. 4.2 H DW IT WORKS The P~ Procm autho~ When the Vi establi declim establi and m The a~ Purch: Nation 4.3 ~ The f( involw Cardh lrchasing Card system simplifies the procurement/disbursement process. · ement responsibility is delegated to the ordering department enabling an ized cardholder to place an order directly with the vendor. a purchase authorization is requested by the supplier at the point-of-sale, Da Purchasing Card system checks the transaction against preset limits shed by the employee's department. Transactions are approved or ~'d (electronically) based on the Purchasing Card authorization criteria shed. The authorization criteria may be adjusted periodically as needed ay include, but is not limited to, the following: Jingle purchase limit as set by Department Director (not to exceed $749 $2499 ) VIonthly spending limit kpproved Merchant Category Codes qumber of transactions allowed per day qumber of transactions allowed per month thorization process occurs through the electronic system that supports the ~sing Card processing services under St. Lucie County's agreement with sBank. tHO DOES WHAT? ,llowing are the responsibilities of the individuals and organizations ~d in the Purchasing Card system: older told and keep secure Purchasing Card and card number )rder materials and services ~teceive and inspect all ordered materials and services, report liscrepancies to merchant, card representative, and to Purchasing ~ Save all sales receipts, turn into Department Card (epresentative as soon as possible ¥1i::ltgll I C;~;C:ilJt~ YYltll IIIUIItilI~Y gill U 3ti::ltglllg;:llg, C:U[UUC:: IJl OlJC;l i:8%;f~OUllt Depal (Indiv DepaJ Purch: (Appol Identify-ami-handle disputed charges Review monthly charges with Purchasing Card Representative ~ign monthly statements certifying charges prior to submission to Finance ,7___.~.__.,__.~. .... _, ......... .,_,_,_._.,__ - fo th ment Purchasing Card Representative [dual(s) designated by Department Director) ~eview monthly statement with cardholder Hatch receipts with monthly card statement, encode proper account ~eview monthly statements for validity of all transactions Cerify that funds are available in the proper account to pay for the purchases gign the monthly statement authorizing charges Werify the appropriateness of cost center codes (i.e., fund / agency / org. ~ssigned to charges) .~andle disputed items not-resolved identified by cardholder ?orward statement(s) with completed transmittal form to A-ccomrts .Xayabte the Purchasing Department ?erform regular inspection of card possession by cardholders Iment Director or Designee (s) {equest Purchasing Card(s) for designated employee(s) get Card spending limits within established guidelines 2ollect cards from cardholders who end employment ~valuate the need to cancel or reissue cards when employees transfer qotify the Card Administrator of terminated cards kppoint a Department Purchasing Card Representative ;ign the transmittal form authorizing charges tsing Card Administrator or Designee (s) ~nted by Purchasing Director) 2oordinate issuance and cancellations of cards 2oordinate program policy issues 'articipate in ongoing program reviews Finan Purch 4.4 A: ?articipate in resolving billing disputes Haintain Policy and Cardholder guides/manuals :e Department ~eceive approved monthly statements from cardholders ~eceive consolidated statement from Purchasing Card issuer ~onfirm that all charges are authorized by Department Representatives ~otify department when approved monthly statements are not received ?ay monthly charges from consolidated statement 'rocess accounting data into Banner File and store statements kdminister 1099 reporting Uonduct periodic operational and compliance audits ~sing Department kpprove/disapprove requests for Purchasing Card ~inal resolution of supplier disputes ?ursue supplier discount opportunities ~valuate Purchasing Card feedback from suppliers ~oordinate minority business reporting ',stablish and monitor benchmarking objective ~oordinate and maintains internal controls 'arget new cardholders and expand use of Card ?erform physical audits of card possession by cardhoiders ;SIGNMENT AND CONTROL OF THE PURCHASING CARD ~UESTS FOR AND ISSUANCE OF PURCHASING CARD Requests for new Cardholders or for changes to current Cardholders :hall be made by submitting a completed Request/Certification/Receipt 'orm to the Purchasing Card Administrator. kll requests for Purchasing Cards must be signed by the Department )irector. Ce de ee 2. LO~ a.l t ( t / b. 3 f C 'urchasing Cards may be issued to individual employees who frequently ~urchase goods and services. [~he Purchasing Card will have the employee's name, the County name, ~nd the expiration date embossed on the face of the card. The County's qorida sales tax exemption number is preprinted on the Purchasing Card. ?he Purchasing Card issuing company will not have individual ~ardholder information other than the Cardholder's work address. No redit records, social security numbers, etc., of the Cardholder are aaintained by the issuing company. Vhen the Purchasing Card Administrator receives a Purchasing Card rom the issuing card company, the Cardholder will be required to ,ersonally attend and complete Purchasing Card training, take receipt of he card and sign a certification/receipt form. The Cardholder will be iven a copy of the Purchasing Card Policies and Procedures guide and an ral review of the program. Each Card will be activated by the 'urchasing Card Administrator after the Cardholder has attended the raining and received his/her Card. ;T OR STOLEN PURCHASING CARDS OR CARD NUMBERS f a Purchasing Card is lost, stolen, or misplaced, or if the Cardholder hinks that the number has been used without his or her authorization, the 2ardholder must immediately notify the Purchasing Card Company and he Purchasing Card Administrator of the loss. DO NOT ASK BANK OF ~MERICA TO REPLACE YOUR CARD!! Purchasing will do that. BANK OF AMERICA 1-800-538-8788 (24 hours a day, 365 days a a r) 'he Cardholder shall report all information necessary and complete all ~rms required to reduce the liability to the County for a lost or stolen ard or card number, and shall work with any law enforcement agency in rosecuting theft. T~ ae be 4.5 ( RMINATION OR TRANSFER OF CARDHOLDER When an employee ends his/her employment or is transferred to another tepartment, the department Director shall collect the Purchasing Card, testroy it (cut it in half), and submit the pieces of the card to the ?urchasing Card Administrator. If the department Director is unable to collect the Purchasing Card when In employee leaves, he/she shall immediately notify the Purchasing Card ~dministrator by telephone followed by a memo. The Purchasing Card ~dministrator will ensure that the card is canceled. ARDHOLDER USE OF PURCHASING CARD ~ARDHOLDER USE ONLY 'he Purchasing Card shall only be used by the employee whose name is ~'mbossed on the card. No other person is authorized to use the card. The :ardholder is responsible and accountable for all transactions that occur }n his/her card. Jpon receipt of the Purchasing Card, the cardholder should NOT sign the lack of the card, but, should write in indelible ink one of the following: ;EE PHOTO ID, SEE COUNTY ID, or SEE DRIVERS LICENSE. ~OUNTY PURCHASES ONLY [`he Purchasing Card is to be used for County authorized purchases only. ['he Purchasing Card shall not be used for any personal use and any such ~se will require immediate reimbursement and will result in disciplinary tction which may include dismissal. ;PENDING LIMITS The department Director approving the assignment of a Purchasing Card will set two limits for each cardholder: single purchase limit and 30-day limit. The maximum limit shall be $-7-49 $2499 for a single purchase. Additional limitations may be imposed by the requesting Director. ). Requests for spending limit changes shall be initialed by a memo to the Purchasing Director by the Department Director. A purchase may be made of multiple items, but the invoice cannot exceed ~ ~ ~ ~,~.uv $2499.00 or the Cardholder's limit if less than ~ ~ ~ ~ / ~.~v~p $249900 P h ...... ~'~ ....... b .... ~-~--~ ..... ' .... 0 d ........... '-~-- ~ ~ Ch gesfo purchases shall not be split to stay within the single purchase limit. Splitting charges will be considered abuse of the Purchasing Card Program. When it is in the best interest of the county_, the Purchasing Director or Designee (s) can over ride larger purchases. )THER CONDITIONS Ali items purchased over-the-counter must be immediately available. No back ordering is allowed. All items purchased during one telephone transaction must be delivered in a single delivery. If an item is not immediately available, no back ordering is allowed. All items purchased by telephone must be delivered by the vendor within the 30-day billing cycle. The order should not be placed without this assurance. PROHIBITED USES OF PURCHASING CARDS Fhe following types of items shall not be purchased with a Purchasing Card, regardless of the dollar amount: ~. Cash advances ~. Alcohol or drugs No CAPITAL EQUIPMENT(over $750.) t. Food Entertainment(except when authorized Administrator via Entertainment Justification by the County_ form) ~. Professional or Contracted Services !. Clothing Rec~-eatio~i ---~ ........-' ......... , , UI l~lltgl ti:lllllllgllt ~CJt~C[Jt IUI tilt; S ii iii iii /: i- 4.6 PI e ,~. Food or Recreation (except for special programs) ~. Any additional goods or services specifically restricted by the department Travel expenses such as hotels, automobile rental, and airline tickets (unless eardholder has a card specifically authorized for travel expenses.) OCEDURES FOR MAKING AND PAYING FOR PURCHASES )OCUMENTATION OF OVER-THE-COUNTER PURCHASES When an over-the-counter purchase is made, the Cardholder must obtain the customer's copy of the charge slip. The charge slip will be retained either by the Cardholder or by the Department Purchasing Card Representative. FELEPHONE ORDERS Nhen placing a telephone' order, the Cardholder must confirm that the ~endor will charge the Purchasing Card when shipment is made so that · eceipt of the supplies may be certified on the monthly Statement of account. This is also a requirement of the vendor's contract with VISA. ;ALES AND USE TAXES ['he County is exempt from paying any State of Florida (and generally all ,ther States) sales and/or our use tax, even if the purchase is made with he Purchasing Card. If the vendor charges sales tax, the Cardholdcr nust contact the vendor and obtain a credit equal to the amount of the ales tax. This applies to out of state purchases also. ;t. Lucie County's Sales Tax exemption number is printed on the face of he Purchasing Card. If you have a problem with any merchant about ales or any other tax, please contact the Purchasing Department. 4. ~IISSING DOCUMENTATION ff for some reason the Cardholder does not have documentation of the lransaction to send with the statement to his/her Purchasing Card Representative, he/she must attach a description of the purchase along ~vith a signed certification that the purchase was made in accordance with lhe County's Policies and Procedures and that the purchase was required For County operations. Failure to promptly provide such certification may result in disciplinary actions and the employee may be required to pay the County for the undocumented expense. Continued incidents of missing tocumentation will result in the cancellation of the employee's Purchasing ~ard. ?AYMENT AND INVOICE PROCEDURES The Purchasing Card company will mail one consolidated statement for all Cardholders to the Fhr, mc~ Purchasing Department. This Statement of Account will list all transactions processed during the previous billing cycle (usually 30 days.) (Each individual Card holder will receive their statement directly from Bank of America and/or electronically from the Purchasing Department) If no purchases were made on the Purchasing Card during the billing cycle, no Statement of Account will be generated unless adjustments for previously billed transactions have been processed during that cycle. ~hrance-witt The Cardholder must review the statement and note any errors or disputes. Account numbers for each item (or account numbers and total dollar amounts for groups of items) should be written on the transmittal form to be attached to the statement. The statement will then be reviewed and signed by the cardholder. By signing the statement, the cardholder is certifying that all charges are appropriate and authorized and that all charges are proved by attached receipts. The statement will then be reviewed and signed by the Department Purchasing Card Representative and/or Department Head. Once the department representative has reviewed and signed all statements for which they are responsible for, the statements are forwarded to-the Ag~;UUll t~ I i:l~V aOlg O~:::gtlOli t.~l 1' lllallgC. All btatClllglltb bllall UC foi-wai-d~d to the Purchasing Department within five working days after receipt. Card charge slips/receipts for all items listed on the 4.7 D e e statement shall be attached to the transmittal form. The Finance Department will ensure that the Purchasing Card charges are paid timely and that the consolidated statement received is reconciled against the individual cardholder statements forwarded from the department. Department Directors, Purchasing and Purchasing Card Administrator will be notified when individual statements are not received in the allotted time. Continued failure to meet the five work day deadlines may result in the revocation of Purchasing Cards at the discretion of the Purchasing Director and/or Finance Director. l, If the statement is not received in the Finance Department within the five days, then Finance will pay the statement and charge any transactions to the card's default account number. A late transaction processing charge may be added to late submittals. SPUTES if items purchased with the Purchasing Card are defective, the ~ardholder must return the item(s)'to the vendor for replacement or :redit. If the service paid for with a Purchasing Card is faulty, the vendor nust be notified and asked to correct the situation or provide a credit. If he vendor refuses to replace or correct the faulty item or service, the ~urchase will be considered in dispute. If the quantity of items received s less than the invoice and charge billing, then the transaction must be lisputed. f a vendor charges the Cardholder Sales Tax on the purchase, and the ~ardhoider is unable to get a credit for the amount of the tax, then this ~ui-chase iiius~ be pui-sued" ....... '- "- - J-' ............... L,,, uug,, L,,c u,~pu~ p, u~c~ is a non-disputable rem and must be paid by the card holder. disputed item must be explained with a note on the Cardholder's ;tatement of Account before the statement is forwarded to the Accounts 'ayable section for payment. e 4.8 A dis charg~ settle~ 0 e e o It is essential that the time frames and documentation requirements .~stablished by the Purchasing Card issuer be followed to protect the :ardholder's rights in dispute. DISPUTE PROCEDURES lute occurs when a Cardholder questions a transaction that has been ,'d to his/her account. The following steps must be taken to ensure prompt ~ent: Fhe Cardholder contacts the vendor about the transaction and supplies Ihe necessary information to begin the resolution process, AND; Fhe Cardholder completes the Naf~ionsBank Bank of America VISA Dispute Form and faxes to N~q~Bank Bank of America (fax 1-800-253- 5846) explaining the reason(s) for the dispute as well as a copy of the ~tatement, if the item has posted. NatkmxBa~k Bank of America will then dace the transaction into a disputed status. if the problem is resolved between the merchant and the Cardholder, the Cardholder should write the solution agreed upon on the bottom of the Dispute Form that was previously faxed to Nat~onsBank, Bank of America nd fax it to H~ionst~ank Bank of America as soon as possible. If an greement cannot be reached the following steps will be completed: ~kfter the item has been entered as a dispute, Hmq~sBamk Bank of ~merica must determine who is responsible by researching the transaction including requesting a copy of the sales draft when necessary. When ~esponsibility for the transaction is determined, the dispute will be settled ~n-line. ~Nhen an account is in a dispute status, the disputed amount is still ~ncluded in calculating the available money for authorizations (monthly 'imit). At the time the item is placed in dispute, it is removed from all 5nance charge, late charge, over limit fee, and past due amount :alculations. Finance charges which accrue from posting until the item is ~laced in dispute must be handled according to County policy. Any ~ardholder statements generated while the account is in dispute will tisplay the following message: 4.9 R e YOUR ACCOUNT IS IN DISPUTE FOR SXXX.XX. THIS AMOUNT HAS NOT BEEN INCLUDED IN THE FINANCE CHARGE OR PAYMENT CALCULATIONS. If the Cardholder is actually responsible for the transaction, the dispute is settled in favor ofNatioasP, aiik Bank of America and no further actions are required. If the Cardholder is not responsible for the transaction, the tispute is settled for the Cardholder and the Charge back process may be initiated against the vendor. [fthere continues to be problems with a particular vendor, the Cardholder ~hall notify the Purchasing Director of the problems. gVIEW OF PURCHASES BY DEPARTMENT [lecause of their knowledge of the job responsibilities and requirements, Department Purchasing Card Representatives are required to review each 'urchasing Card expenditure (item purchased, amount, and vendor) to nsure the goods or services were necessary, and for official use. The Department Purchasing Card Representative must certify in writing all ~f the purchases on statements submitted to the Finance Department by lhe card representative. ~Vhen purchases are questioned, the department Director or the tesignated Department Purchasing Card Representative will be responsible for resolving the issue with the Cardholder. If the Department Director is not satisfied that the purchase was necessary and for official ase, the Cardholder must provide either a credit voucher proving the item(s) were returned for credit; or a personal check (or cash) made payable to St. Lucie County for the full amount of the purchase plus applicable sales tax. Checks must be sent to the Purchasing Director within one week with a written explanation of why the violation occurred and the action taken to prevent reoccurrence. The personal check along with a copy of the invoice being reimbursed will be forwarded to the Finance Department by the Purchasing Director. ['he designated Department Purchasing Card Representative shall not review or approve charges to his/her own Purchasing Card. The tepartment director must approve all charges made by a designated 4.10 e ?urchasing Card representative. Fo help the department in their reviews, management reports will be ~vailable from Purchasing/Finance. TRAVEL CARDS Fhe St. Lucie County Travel Regulations apply to all travel related :ransactions. The Travel Regulations reporting requirements are in kDDITION to the Purchasing Card requirements. The Travel Expense .tequest shall be submitted and approved prior to travel. Fhe ORIGINAL A COPYof the charge receipt(s) shall be ~'trrnvd-in ~ubmitted with the completed TRAVEL ~eimbursement form. A COI'Y The ORIGINAL of the travel charge · eceipt shall be maintained in the Cardholder's or Card Representative's ~ffice for verification against the monthly statement,(the ORIGINAL · eceipt must be with the card holders monthly statement if they used their }urchasing card to pay of their travel.., i6..hotel/motel rooms gas, rental :ar, or airline tickets etc..) and for archive purposes. The completed FRAVEL ,,v,~,,~o~ ~A~l,o~ ~,~,~o~ Reimbursement form shall be-turned nfo submitted to the Finance Department within five (5) days after :ompleting the trip. t lit;I I i:I. VCI ti i:lll;~ilk;tlIJll llllllt8 Illil~ IO~ Ill,IICI tllilll LIIC K Ul k;lli:l~*lll~ llillltS. t i1~1 ~ I} 0111~ I_PilC llllJlltlil~ llllllt. 'ayments will be made to ~a~onst~anrk Bank of America by Finance on he regular monthly cycle for all Purchasing Card transactions regardless ,f when the Travel Expense Request Form is received in the Finance )epartment. (i.e., know your monthly limit and how much is charged tgainst it.) ~mployees that have Travel authorized ,ligible for advanced travel payments. Purchasing Cards are NOT 1.11 PURCHASING CARD DISASTER PLAN Fhe Purchasing Department will have special high limit credit purchasing :ards which will be issued during disaster type emergencies. These cards adll be locked in the Purchasing Department safe and signed out to the tepartments in a timely manner as directed by the County Administrator )r his designee. rhese cards will be non-restricted and carry a value of $250,000. hccordingly, this particular credit card will expedite purchases during :hese types of disaster. In addition, this will enable a controlled means of :racking expenses and reporting capabilities, as these cards are restricted ~or disaster use only. 7.9 this propc or de com~ or pr state dest~ busin resp¢ is re( SECTION 7 - VENDOR SELECTION Authorization to Debar Vendor The following is the procedure for the debarment of vendors. For the purposes of )rocedure, Debarment means that a vendor is prohibited from submitting bids or ,sals to perform work for St. Lucia County, or who frills to deliver materials or supplies, livers inferior goods etc., to St. Lucia County. A. Cause for Debarment. The causes for Debarment include: 1. Entry of a plea of guilty, no contest or nolo contendre to or conviction for ,ission of a criminal offense as an incident to obtaining or attempting to obtain a public contract or subcontract, or in performance of such contract. 2. Entry of o plea of guilty, no contest or nolo contendre or conviction under or federal statutes of embezzlement, theft, forgery, bribery, falsification or 'uction of records, or receiving stolen property, or any other offense indicating lack of ess integrity of business honesty which currently, seriously, and directly affects ,risibility as a County contractor. 3. Entry of a plea of guilty, no contest or nolo contendre or conviction under or federal anti-trust statutes rising out of submission of bids or proposals. 4. Violation of provisions of contracts with County, as set forth below, which arded by the Purchasing Director as cause for Debarment: Failure without good cause to perform in accordance with specifications or within the time limits provided in the contract; or, (b) A record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts within the.previous three (3)years; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for Debarment. insur, respc there were withi~ promi contr comp~ gover advis, The to ar notifi ten (1 hearil Admi~ oppor denie (30) not t( 5. Refusal to enter into a contract with the County by failing to provide bonds, inca, or other required certificates within the time periods as specified in bid/RFP nse. 6. Refusal to accept a purchase order, agreement or contract, or to perform on, provided such order was issued timely and in conformance with the offer received. 7. Presence of principals or corporate officers in the business or concern who principals within another business at the time when the other business was suspended the last three (3) years under the provisions of this section. 8. Violation of the ethical standards set forth in state law. 9. Providing anything of value, including but not limited to, a gift, loan, reward, :e of future employment, favor or service to any employee to influence the award of ~ct or purchase of items from a contract. 10. Any other cause the Purchasing Director determines to be so serious and ;lling as to affect the credibility as a County vendor, including debarment by another nment entity for any cause listed in this section. B. Recommended Decision. The Purchasing Director shall issue a notice letter which ;s a vendor that a recommendation will be made to the County Administrator to debar. atica shall state the reasons for the action taken and inform the vendor of its rights administrative review. C. Hearing Procedure. 1. Right to Request a Hearing: Any person dissatisfied or aggrieved with the cation of the Purchasing Director's determination regarding a Debarment must, within O) calendar days of such notification, appeal the determination in accordance with the ~g procedures contained in this section. 2. Hearing Date: Upon receipt of the request for hearing, the County ~istrator shall appoint a Hearing Officer at which time the person shall be given the tunity to demonstrate why the recommendation of the Purchasing Director should be J. All parties shall be given prior notice of the hearing. 3. Decision: The Hearing Officer shall render a written decision within thirty lays of the hearing. Any decision to debar a contractor shall be in effect for a period exceed three (3) years. the be fi of f lc days to de a tim, the Direc submi consi~ Direc from Count Secti 7.10 The or bL qualif Boarc to mai (Z) en' which Reque negot Profe 287.0 requir D. Appeals. An aggrieved party may appeal the decision of the hearing officer to Board of County Commissioners. Such appeal shall be a hearing de nova. An appeal shall ed within thirty (30) days of the execution of the written decision by the hearing ;r. The Board's decision to debar a person or business shall be filed within thirty (30) ~f the execution of the written decision by the hearing officer. The Board's decision ~ar a person or business shall be final and conclusive unless the debarred person files ;ly appeal of the Board's decision pursuant to the Florida Rules of Appellate Procedure. E. Reinstatement. A person or corporation may be reinstated to do business with C~unty under the following conditions: 1. Discovery of new and material evidence not previously available. 2. Dismissal of indictment or reversal of condition. 3. Bonafide change in ownership or management sufficient to justify a finding of present responsibility. The request for reinstatement shall be forwarded in writing to the Purchasing tar. The County Administrator shall determine whether to reinstate based on written ssion of evidence to the above referenced office, without further hearing. Upon teration of the written submission and any recommendation from the Purchasing for, the County Administrator shall render the decision in writing within thirty (30) days the receipt of a recommendation from the Purchasing Director. The decision of the y Administrator may be appealed to the Board of County Commissioners as provided in ~n 7.9 b. Requests for Qualifications oard may authorize the issuance of Requests for Qualifications (RFQ's) to select firms sinesses which ore qualified to provide goods, equipment, or services based on ications as are approved by the Board. Responses to RFQ's shall be evaluated by the or the Board may authorize the County Administrator to appoint o selection committee ce o recommendation to the Board. Upon the selection of qualified firms, the Board may · er directly into contract negotiations with the firm or firms determined to be qualified may include simultaneous negotiations with two or more qualified firms or (2) issue sts for Bids or Requests for Proposals os previously described in this Chapter. Contract 'otions may be delegated by the Board to the County Administrator or his designees. ~sional services regulated by the Consultants Competitive Negotiation Act, Section 55, Florida Statutes, (the "CCNA") may be acquired through RFQ's provided that the ements of the CCNA are met as described in Chapter 10 of this Manual. 7.11, The gran' The proc~ gran~ Count main1 the 6 Procurement Procedures for State or Federally Funded Grant Programs oard recognizes that certain procurement procedures for state or federally funded programs may, from time to time, conflict with standard .St. Lucia County procedures. County Administrator, therefore, is authorized to modify County procurement dures in order to comply with procurement procedures for state or federally funded programs provided that no modification may be less stringent than the corresponding 'y procedure unless approved by the Board. The County Purchasing Director shall ain a list of state or federal procedures which have been administratively approved by aunty Administrator.