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HomeMy WebLinkAbout01-026RESOLUTION NO. 01-26 A RESOLUTTON AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULA'VgONS BY: CHANGING THE FORMAL Bib THRESHOLD TO $20,000; CHANGING THE THRESHOLD FOR WRITTEN C~UOTAT~ONS TO $7,500 - $19,999; CHANGING THE THRESHOLD FOR INFORMAL C~UOTATIONS TO $2,500 - $7,499; CHANGING THE UPPER LIMIT FOR PURCHASE ORDER CONTRACTS TO $5,000; REVISING THE EC~UIPMENT PURCHASING POLICY TO ALLOW PURCHASE OF EQUIPMENT ABOVE BUDGETED COST PROVIDED THAT THE PURCHASE DOES NOT EXCEED THE DEPARTMENT'S EQUIPMENT BUDGET; MAKING CERTAIN OTHER EDITORIAL CHANGES FOR CLARIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 7, 1985, the Board of County Commissioners for St. Lucia County (the "Board") adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucia County, Florida as set forth in the St. Lucia County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual") and since that date, the Purchasing Manual has been amended from time to time, most recently by Resolution No. 99-234; and, WHEREAS, in order to improve efficiency in County purchasing it is necessary to modify the bid/proposal thresholds and make other changes; and, WHEREAS, it is also necessary to amend the Purchasing Manual to correct department names and make certain other editorial clarifications, NOW, THEREFORE, be it resolved by the Board of County Commissioners of St. Lucia County, Florida: 1. The St. Lucia County Manual of Purchasing Regulations and Procedures is hereby amended as shown in the attached Exhibit "A". 2. This resolution shall become effective ~Tanuary 1, 2001. PASSED AND DULY AbOPTED this ~/~/7 day of ,Tanuary, 2001. so^~D oF COUNT,/CO~ZSSZONE~S ST. LUC'Z~/:::OyN'rY. F!~)!~, TDA APPROVEI~A~5 TO FOENt AND 5EC'T'~ON 5 -OUTS'rDE PURCHASES 5.1 Competitive Bidding Policy Normally, major purchases of materials, supplies, equipment, and contracted services (excluding professional services) from outside vendors by County Departments will be acquired through Competitive Quotations or Bidding through the Purchasing Department or pursuant to 5tote Contract as provided by Chapter 287, Florida Statutes. The only exceptions permitted to this policy are those authorized in the other sections of this manual or authorized by the Board of County Commissioners. The acquisition of Professional Services is expressly exempted from this policy and such services shall be approved in accordance with 5action 9 of this manual. 5.2 Obtaining Price Estimates To obtain price estimates and/or product information, a Department should contact the Purchasing Department for assistance. (a) For a price estimate, the Deportment should prepare an APPI:~OPRIA"F~.ON form and submit it to the Purchasing Department. (b) Zn response to such a request, the Purchasing Department will contact various vendors and obtain price estimates and/or product information. (c) Afterwards, the Purchasing Department will return the APPROPRIATTON form indicating potential vendors, estimated prices, and product information. (d) Such estimates should be distinguished from quotes, which will be obtained by the Purchasing Department when an order is actually placed. 5.3 Outside Purchases Under :$10.000.00 $20.000.00 Items or services under $5,000 $7.500 normally will be acquired through informal quotations as provided in 5action 7.2 of this manual. Items or services over $5,000 &7.500 and under $10,000 $?0.000 normally will be acquired through formal quotations as provided in 5actions 7.3 of this manual. However, purchases of $2,500 or less are exempt from this policy. Page 1 of 30 (a) Purchases for the following items are exempt from the purchase order process and shall be paid via the Check Request Form: (1) Subscriptions & Membership Dues (2) Registration Fees and Lodging Fees to include Airfare once approved via a Travel Request Form. (3) Permits, impact fees and other such fees approved by the Purchasing Manager and Finance Director. (b) To acquire items or services under $10,000.00 $20.000.00 a Department will prepare a REC),UISiZTZOKI form and submit it to the Purchasing Department. Section 6 of this manual governs the preparation and submission of the REC~UZSITZON form. (c) After receipt and review of the form, the Purchasing Department shall assist the Requisitioning Department in selecting a vendor for the requested item or service through informal quotations as provided in Section 7.2 or formal quotations as provided in Section 7.3 of this manual. Other purchasing procedures, such as formal quotations or formal sealed bids, may be used to select a vendor if the Purchasing Manager deems such procedures appropriate for a particular purchase or group of related purchases. (d) If there is o sole source for an item under $10,000 $20.000, the requirement for formal/informal C),uotations may be waived by the Purchasing Director. However, written documentation by the requesting Department Director shall be required and filed with the purchase order. (e) After selecting o vendor for the purchase, the Purchasing Department will complete the purchase award process. 5.4 Outside Purchases of Ztems of $10.000 SZO.O00 aP Mope Ttems of $10,000 $20.000 or more shall be acquired through Formal Sealed Bids approved by the Board of County Commissioners or under a 5tote Contract, or Federal General Services Administration Contract pursuant to Chapter 287, Florida Statutes. (n) To acquire items or contracted services of $10,000 $20,000 or more, a Department Director shall prepare a memorandum requesting the purchase and submit it to the Purchasing Department along with any necessary applications. The memorandum must be signed by the Department Director. Page 2 of 30 (b) After receipt and review for completeness, the Purchasing bepartment will prepare a request for Formal Sealed Bids and follow the procedures set forth in Section 7.4 of this manual. (c) After a vendor has been selected by the Board of County Commissioners pursuant to Section 7.4 of this manual, the Requesting Department will prepare a REC~UZS;[T]]OKI form for the purchase and submit it to the Purchasing Department. (d) After receipt and review of the form, the Purchasing bepartment will complete the purchase award process. (e) Professional services for $20,000 or more may require a Request for Proposals (RFP) or sealed bid as set forth in Sections 8.2 and 9.3 la.:]. Purchases for such services for less than $20,000, shall follow the formal quote process. _5.5 Bid Waiver Certain purchases of $~900 20,000 or more shall be acquired through quotations if there is a Waiver of the requirement for formal sealed bids by the Board of County Commissioners. (a) The Waiver of formal sealed bids may be requested: (1) zf an emergency exists which would result in a direct loss to the County or imminent damage to public safety or health by requiring competitive bids due to the time loss inherent in the bidding procedures. (2) If there is only a single source for Q purchase. (3) Zf used items are available which would result in a substantial savings over purchase of new items. (4) If the request is for a service contract for the maintenance, repair or servicing of existing facilities or equipment owned or leased by the County. (5) ;Zf quotations indicate that the item may be purchased for a price which is less than the price if purchased through 5tare Contract as provided by chapter 287, Florida Statutes. Page 3 of 30 (6) :If the product is available from the State Department of Corrections Non-Profit Corporation for Correctional Work Programs organized under Chapter 946, Florida Statutes. (b) For Bid Waivers on items of $10,000 $20.000 or more, a Department Director shall prepare and submit to the Purchasing Department a memorandum requesting the waiver, stating the re~son for such waiver and detailing the facts, circumstances and conditions for the waiver. The memorandum must be signed by the Department Director. (c). After receipt and review, the Purchasing Department will recommend either to approve or to disapprove the request for a bid waiver. (1) ]:f approval is recommended, the request will be submitted to the County Administrator via an agenda request to the Board of County Commissioners. (2) If disapproval is recommended, the request will be returned to the requesting Department. (3) Any dispute between the Purchasing Department and the requesting Department shall be resolved by the County Administrator. (d) The County Administrator shall submit all recommended bid waiver requests to the Board of County Commissioners for their consideration. (e) If the bid waiver request is approved by a majority of the Board of County Commissioners present at a regular or special meeting, the Purchasing Department may proceed to acquire the requested items or services. If rejected, the item shall be advertised for sealed bids. 5.6 Exempt Purchases of $10.000 $20.000 or More Certain purchases, even if $10,000 $20,000 or more, shall be exempted from the requirement for Formal Sealed Bids approved by the Board of County Commissioners. (a) These exempt purchases are as follows: (1) Intra governmental Purchases among County Departments. (2) Intra governmental Purchases from other government agencies. Page 4 of 30 (3) The purchase of petroleum products and utility services, including but not limited to water and sewer, electric, telephone, etc. (4) The purchase of items under State Contract, or General Services Administration Contract pursuant to Chapter ;>87, Florida Statutes, once approved by the Board during the budgetary process. Section lO. (5) The acquisition of Professional Services acquired in accordance with (6) Purchases relating to computer hardware and software shall be at the discretion of the Automated Services Board of Governors. All purchases, rules, regulations, policies, and directives promulgated by the Board of Governors shall become effective only after approval by the Board of County Commissioners. (a) The Board recommends that all purchases relating to hardware and software, regardless of amount, be done by the formal quote process. (7) (a) Purchase of Library books, educational and/or personnel tests, similar audio/visual materials, periodicals, printed library cards and; (b) Professional services; and, in instances where authorized by the Purchasing Director where commodities or services are purchased directly from the owner of a copyright or patent, a governmental agency, a recognized educational institution, or where there are no other identifiable sources available. (8) Goods, equipment and services acquired through the Request for C~ualifications procedure described in Chapter 7 of this Manual. (b) For such exempt purchases described above, except for items one and three, a Department will prepare a I~EO, U:ES~ETZON form and submit it to the Purchasing Department. (1) Section 6 of this manual governs the preparation and submission of the P, EC~UI$:~T-J:ON form. (2) Section 6.3(a)(5) of the manual governs the authorization of such forms. (c) After receipt and review, the Purchasing Department will complete the purchase requested for the selected vendor. Page 5 of 30 5.7 Purchase of Goods. Equipment. and Contractual Services from other Governmental Bids Goods, equipment, and contractual services may be purchased from other governmental and agency bids without additional competitive bidding as long as: (a) the bid documents and selection procedures used by the other government or agency are consistent with the County's purchasing regulations and permit other governments to purchase from the bid; and, (b) the purchase is approved by the Board of County Commissioners for St. Lucia County which approval, at the discretion of the Board, may require an interlocal agreement with the other government or agency; and (c) the contract procedure set forth in 5action 8 in this Manual is followed. 5.8 Purchase Award Procedure After a vendor has been selected for a purchase, the Requesting bepartment will complete the award process. purchase. The Requesting bepartment will notify the selected vendor of the award of the (b) When a Contract is required or desired for the purchase, the contract procedure outlined in 5action 8 of this manual will be followed. (c) When a Contract is not required, the Purchasing Department will rely on the Purchase Order Document as the general contracting mechanism. (d) The Requesting bepartment will conclude the details of the purchase with the vendor and issue instructions pertaining to it. (e) The Purchasing bepartment will prepare a PURCHASE ORbER for the purchase as provided in 5action 12 of this manual. Page 6 of 30 6.$ Electronic Requisition Authorization All ELECTRONIC REQUISITION forms submitted by a Department to the Purchasing Department must be authorized by the appropriate level County Official. The appropriate levels of authorization are as follows: (1) For purchases that require a Purchase Order under $499.99 - any "Authorized" Requisitioner for the Requesting Department. (2) For purchases of $500.00 to $4,999.99 - the Division Manager or approved designee. (3) For purchases of $5,000.00 to $9,999.99 - the Department Director or approved designee. (4) For purchases of $10.000.00 to $19.999.99. the County Administrator or approved designee. (_54) For purchases of $10,000.00 $20.000.00 or more - the Department Director or approved designee and the County Administrator certifying the approval of the Board of County Commissioners and showing the date of approval. (6_§) For exempt purchases of $10,000.00 $20,000.00 or more - the Department Director or approved designee, and the County Administrator certifying that the Board has deemed it exempt under Section 5.6 of this manual. (b) The authorization by a Department Director will indicate to the Purchasing Department that the Authorizing Official is attesting to the availability of funds for the purchase and to the accuracy of all entries on the ELECTRONIC REQUISITION form. (c) The authorization for an ELECTRONIC REQUISITION form must be given at the lowest appropriate level as designated in Section 6.3(a) above, but need not be given by a higher level. AUthorization may be given at a higher level if the higher level official is one initiating the ELECTRONIC REQUISITION form. (d) The authorization level required on an ELECTRONIC REQUISITION form will be based upon the estimated total cost of the purchase. If the actual cost of the purchase exceeds the est!mate and exceeds the level of authorization given, the form will be returned Page 7 of 30 for the appropriate higher level authorization prior to ordering the requested items or service. (e) An authorization must be given by affixing the signature of the Authorizing Official to the f°rm. (f) To establish or revoke Requisition "Authorization" for any employee, a $'rGNATURE AUTHOR'rZATZON form must be completed and submitted to the Purchasing Department for each employee. (1) Requisition Authorization must be renewed at least annually. (2) The form must show the signature and title of the authorized employee. (31 Any Special Authorization for the employee must be indicated on the form. (4', The authorization for any Departmental Employee must be signed by the Department Director, and for a Department Director by the County Administrator. Each Department must have a minimum of 2 authorized requisitioners for all levels of requisitions at any time, thus designating a permanent record of an authorized individual in the absence of the Department Director. Tn the case of absence of both people, then a signature authorization form shall be circulated. 6.4 RequisitiOn Submission After pr~.paration and authorization, a hard copy REQUISIT-ZON form must be submitted to the Purchasing Department for oil purchases exceeding $4~)9 7,§00. A ~copy of the form should be retained by the Department submitting it. (b) To facilitate fiscal year end close out, no electronic requisitions may be submitted by a Department during the last 15 days of the fiscal year except for Emergency Purchases. Thelactual cutoff date will be established by the Purchasing Department each year. All deparl~ments will be notified. (c) Tl~e Department may enter in the appropriate box on the form any unique internal code nu~nber as its own reference number. Page 8 of 30 6.5 RequisitiOn Review Upon receipt of a REQUISITION form, the Purchasing Department will review the form to determine proper preparation and authorization. The PurChasing Department will return to the submitting Department any REC),UTSTT]:ON form that is: ];ncomplete, Unauthorized, Authorized by an unauthorized person, :I:nvolves a pre-purchase or other violation of County policies or procedures. (1) The annual budget approved by the Board of County Commissioners is the Board's authorization for all purchases of capital equipment and improvements, and therefore permission to advertise for purcho~es is granted at time of budget approval. (2) The proper authorization as provided in Section 6.3 is the Purchasing Department's authorization to process the requisition and make a purchase. (3) All after-the-fact requisitions must be authorized by the County Administrator. Page 9 of 30 SECT3:ON 7 - VENDOR SELECT]:ON 7.1 Master Bidders' List The Purchasing Department will maintain a Master Bidders' List comprised of vendors that have r~queSted the opportunity to bid on County Purchases. - (a) Periodically, the Purchasing Department will run a classified advertisement to invite interestec{ vendors to be placed on the Master Bidder's List. (b) T~ Master Bidders' List will consist of various categories, as many as the Purchasing Manager deems necessary. (c) The Purchasing Department may list a vendor on the Master Bidders' List in any of the categori~ deemed appropriate. (d) Annually, the Purchasing Department will purge the Master Bidders' List by a mailing to all listed vendors. Vendors who fail to respond affirmatively to the mailing will be removed from the list. (e) sealed bids. TM e Master Bidders' List will be used by the Purchasing Department for formal Znformal Quotations Informal quotations are used only for purchases of items or services under $5,000 $7.500. (a) Informal quotations may be obtained by the Purchasing Department. (b) Informal quotations may be obtained by telephone, or in person or in writing. (c) In!soliciting informal quotations, the Department should encourage competition by contacting as many vendors os possible. Utmost care must be taken, however, to insure that vendors are given exactly the same information and that prices are not disclosed from one vendor to another. (d) Fir all purchases, the Purchasing Manager or designee shall make the determination of the "most responsive bidder". Page 10 of 30 (e) Fo~ purposes of this section, "most responsive bidder" shall be the Bidder whose proposal is determined to be most advantageous to the County taking into consideration: faith performance, The price, The capability, integrity and reliability of the bidder to assure good (3', Any evaluation factors supplied by the requesting bepartment and Purchasing bepa"tment to the Bidder. 7.~3_2 Formal Cuotations Formal quotations shall be used for purchases of items or services from $5,000 $7.500 to $cJ,r~grY $19.999 or when bidding requirements have been waived or exempted for items or services over $10,000 $20.000 pursuant to 5action 5.5. (a) Fo-mai quotations will be solicited by the requesting bepartment. The Purchasing Deportment will solicit formal quotations upon written request with proper specifications. {b) Requests for formal quotations are not required to be advertised. (c) Requests for formal quotations along with the specifications will be requested from at least th-aa (3) vendors found in the master bidder's list for the particular item or service requested. If the specifications for a Formal Quotation are changed after the original mailing to Vendors, the Addendum Procedure in 5action 7.5 of this manual will apply. (d) Formal Quotations will be received and tabulated by the Ibepartment birector. Zf bidding requirements have been waived, or the item or service is exempt from bidding requirements, ard the formal quotation is for $10,000.00 $20.000.00 or more, the Purchasing Manager birector, County Administrator and requesting bepartment Ibirector will send a recommendation to the Board of County Commissioners to request an advertisement for sealed bids. (e) For purchases over $10,000.00 $20.000.00 when bidding requirements hove been waived ard three formal quotations have been received, the Board of County Commissioners sqall make the determination of the "best responsible bidder" based upon the Page 11 of 30 written report land recommendation of the Purchasing Department, the requesting department and the County Administrator. 7.43 Formal Sealed Bids Formal Sealed Bids will normally be used for purchases and services of $10,000 $20.000 or more. (a) Requests for formal sealed bids will be prepared by the Purchasing Department based upon the memorandum and specifications submitted by the requesting department as provided in Section §.4 of this manual. (b) N~tification of formal sealed bids normally will be advertised in a local newspaper for o~e day. (c) Ve!ndors will be notified through an agreement with an outside provider. All bid information will be available on the Znternet. / (d) Zf]the specifications for a formal sealed bid are changed after the original advertising and nailing to vendors, the addendum procedure in Section 7.5 of this manual will apply. (e) Fo?mai Sealed Bids will be opened by the Purchasing Department and tabulated. The tabulation Will then be forwarded to the requesting department. (1) The bids will be received by the Purchasing Department until the prescribed time ,and will be opened immediately thereafter. (2) The Purchasing Department and the requesting department will tabulate the bids received and will send a recommendation for the award through the County Administrator to the Board of County Commissioners. (f) TI, e County Administrator will notify the Purchasing Department Requisitioning Department of the Board's action upon the recommendation. and 7.43A. St. Lucia County Standard Procedures for Competitive Bidding (Commodities and Contractual Services) INTRODUCq-~ON. Page 12 of 30 1. St. Lucia ~ounty follows the general criteria set forth in Sections Florida Statutes 287.057 and 287.062, Florida Statutes, for the acquisition of commodities (i.e. goods) and contractual services (i.e. construction contracts, maintenance and repair contracts). 2. Compliance with this criteria is required when the procurement of commodities or contractual services is estimated to require approval by the Board of County Commissioners. 3. Compliance with the above criteria is not required in cases of valid public emergencies, if it is determined by the County Administrator in writing that such services or products are available from or ly one source, and if only one bid or no bids are received. In such cases, the Board will be notified at the earliest possible meeting date. 4. The Board of County Commissioners of St. Lucia County reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for, accept or reject any bid in whole or in part Nith or without cause, and accept the bid which best serves the County. PUBLTC ANNOUNCEMENTS: After the Board has approved the advertisement of the bid, a public announcement of the Call to Bic shall be made through a local newspaper, or other approved media and shall include a description of the project and/or goods required, and where interested bidders may apply for consideration. A bid packet may be obtained as described in the Call for Bids. I The bid Shall be considered responsive if it answers all requests for information, contains any and all required bonds, and is duly signed by an authorized officer of the entity on behalf of the entity. The County reserves the right to waive any minor irregularities. Page 13 of 30 SECT]:ON 8 - CONTRACT PROCEDURE 8. ! Contracts in the Purchasing Process Because legal protection is necessary in purchasing transactions, the County has adopted certain requirements and procedures pertaining to the preparation, execution, and monitoring of purchasing contracts and agreements. 8.2 Contract!Requirements For purcFasing purposes, a contract is a formal written agreement between the Board of County Comm'ssioners (the "Board") and a selected vendor, consultant or contractor for a particular purqhase. (a) A contract is required for: (1) Professional Services contracts as described in Section 10. (2) All Capital Projects as described in Section 9. (3) All services which are to be performed on property or controlled by St. Lucie County or 3erformed on behalf of the County on property not owned by the County. (b) A contract may be required for any particular purpose, if deemed necessary and requested by the Requesting Department, the Purchasing Manager, the County Administrator, the County Atto may, or the Board. (c) A contract may be entered into if required by the Vendor. (d) Ur less specifically required by the Board, the County Administrator or the County Attorney, purchases of goods or equipment which do not include any associated services, such as installation, do not require a contract apart from the Purchase Order. 8.3 Contract Preparation Unless prepared by the Vendor, or as provided for below, all required contracts will be prepared under the direction of the County Attorney. If a contract is prepared by the Vendor, the contract must be submitted to the County Attorney for review and approval. The County's Risk Mcnager should be consulted to insure that the proper insurance requirements are included in the Contract Documents. (a) Service Contracts for less than $2,500.00 $5.000.00. Page 14 of 30 A P~Jrchase Order for services prepared by the Purchasing Manager shall serve as the contract between the County and the vendor for services valued at total of less than $2,500.00 $5,000.00. For the purposes of yearly continuing contracts, the value may not exceed $2,500.00 $5,000.00 per year per vendor. At a minimum all Purchase Orders must contain the following terms and conditions. (1)i A statement in conspicuous print which provided thnt the Purchase Order is subject!to all of the terms and conditions on the reverse side and that the vendor by acceptance of the Purchase Order agrees to be bound by and abide by all of the terms and conditions of the Purchase Order. (2) A condition that the vendor agrees to indemnify the County for any liability arising aL t of the service provided under the Purchase Order and a condition that the vendor will maintain insurance sufficient to protect the interests of the County. The amounts and types of insjrance shall be provided by the County Risk Manager. No work shall be performed under the Purchase Order until the vendor has provided proof of insurance to the County. (3~ The Purchase Order should also contain such other terms and conditions as required by the County ~Attorney and approved by the Board. (b) Co~tracts for $2,500.00 $5,000.00 or more. Unless the contract is prepared by the vendor or the purchase is pursuant to a government contract as described above, all contracts for services for an amount of $2,500.00 $5.0C0.00 or more shall be prepared under the direction of the County Attorney. 8.4 Contract Execution (a) Coatracts for more than $2,500.00 $5.000.00 but less than $10,000.00 $20,000.00. Except for Professional Services Contracts as described in Section 10, all contracts for a~ amount of more than $2,500.00 $5.000.00 but less than $10,000.00 $20.000.00 will ~e prepared or approved by the County Attorney and executed as follows: (1] All contracts for an amount of $2,500.00 but less than $5,000.00 shall be returned to the Requesting Department for signature by the vendor and then to the Division Manager for signature and then returned to the County Attorney for approval as to legal form and correctness and distribution as described below. The Division Manager shall Page 15 of 30 not sign any co~tract which has been modified by the vendor before obtaining written approval of the' modification by the County Attorney. (~_~) All contracts for an amount of $5,000 but less than $10,000.00 shall be returned to the Requesting Department for signature by the vendor and then to the Deportment Director, or his designee, for signature and then returned to the County Attorney for approval as to legal form and correctness and distribution as described below. The Division Director shall not sign any contract which has been modified by the vendor unless written approval of the modification has been obtained from the Count Attorney. (2) All contracts for an amount of $10,000 but less than $20.000 shall be returned to the ~,equesting Department for signature by the vendor and then to the County Administrator. or his designee, for signature and then returned to the County Attorney for approval as to legal form and correctness and distribution as described below. The County Administrator s~all not sign any contract which has been modified by the vendor unless written approval of the modification has been obtained from the County Attorney. (3) The County Attorney will keep one original of the fully executed contract for the County Attorney files, and will provide an original to the Finance Director, a copy to the PLrchasing Manager and two original to the requesting Department who will provide an origiral to the vendor. (b) Contract Execution for More than $10,000.00 $20.000.00 Contracts for an amount of more than $10,000.00 $20,000.00 will be executed as follows: (1] Following preparation or approval by the County Attorney, all contracts and contract documents shall be returned to the Requesting Department. (2) The Requesting Department will have the selected vendor execute the contract prior to signature on behalf of the County. a. Originals of the contract shall be forwarded to the vendor with instructions as to how the contract shall be executed. Requesting Department. The vendor must return all copies of the contracts to the Page 16 of 30 (3) After receipt of the signed originals from the vendor, the Requesting Department must agenda it for presentation to the Board for their consideration. However, if the Board has already approved the contract or has approved obtaining the services from the vendor subject to the preparation of the standard County contract approved by the County Attorney, the signed originals from the vendor will be returned to the County Attorney to obtain the signature of the Chairman of the Board, or the Vice-Chairman in his absence. All contracts executed by the Board must be attested to by the Clerk of the Board or a Deputy Clerk as determined by the Clerk. (4) After Board approval, the County Attorney will obtain the signature of the Chairman of the Board, or the Vice-Chairman in his absence. (5) The County Attorney will keep one original of the fully executed contract for the County Attorney files, and will provide an original to the Finance birector, a copy to the Pu"chasing Manager and two originals to the requesting bepartment who will provide an origir,nl to the vendor. 8.5 Contract Recording Procedure For monitoring and control purposes, all County contracts will be logged and recorded with the Finance Department. (a) After the contract has been executed by the appropriate County official, the County Attorney's office will contact the Finance Department for recording and contract number assignment. The County Attorney's office will record the contract number of the contract prior to distribution of the contract as described above. The Finance Department will establish a primary individual, and alternatives, responsible for timely processing of contract. {b) After the Finance bepartment shall record the contract in a Master Control Log including, but not limited to, the Execution Date, Contract Party, Project Number (if any) and assigned Contract Number. The contract number shall be assigned in the following format: CYY-MM-55, where; CYY: C followed by the calendar year of logging M,V~: The month of the calendar year 55 - A number sequentially assigned in the month Page 17 of 30 Frc~m its copy, the Finance bepartment shall establish a Master File Folder for the contract in its central files. 8.6 Zssuance of Contract Purchase Order (a) Upon receipt of the signed and attested contract bocument, the Requesting bepartment will prepare the Requisition Form for the contract. The Contract Number assigned by the --inance bepartment will be entered on the Required I%rm in the format: "CYY-MM-$$", cs per .Section 8.6(b)(1) as well as the date of the Board of County Commissioner approval if greater than $10,000 $20.000. (b) After receipt of the updated Requisition Form, the Purchasing bepartment will prepare a Purchase Order for the contract in accordance with 5action :[2 of this manual. 8.7 Contract Amendment ]~f it becomes necessary to amend the terms of the contract, a formal, written contract amendment must be prepared. The amendment must be approved by the official or Board which approved the original contract and should be processed following the same procedure used for the original contract. However, if the amendment of the contract increases the total dollar value of the contract above the original threshold value for execution as described above, the procedure for the higher threshold value should be used. Page 18 of 30 SEC1-J:ON 9 - CONSTRUC1-J:ON CONTRACTS Capital COnstruction Policy Because of their complexity and high cost, all capital construction projects to be performed by o jtside contractors must be awarded through formal sealed bids, formal quotations, or in-'ormal quotations through the Purchasing bepartment. (a) For construction contracts of $10,000.00 $20.000.00 or more, the contractor will be selected through formal sealed bids. (b) For construction projects under $10,000.00 $20.000.00 but greater than $5,000.00 $7.500.00, the contractor will be selected through formal quotations. (c) For construction contracts under $5,000.00 $7,500.00, the contractor will be selected through informal quotations. (d) Construction contracts will be awarded only to a contractor who is certified or licensed by the County and/or 5tare as appropriate, and has provided proof of insurance in amounts satisfactory to the County. 9.2 Construc-ion Proposals To initiate a capital construction project, a bepartment must prepare a request and submit it to the Purchasing Department. (a) TF e request should be prepared by the Department Director in the form of memorandum. (b) If the project involves the construction, alteration, remodeling, or repair of a County-owned building, the request and specifications shall be reviewed by the Central Services Department. (c) The request should include al necessary detailed specifications, including: (2) formal quotatior s. Call to Bid or request for formal quotations. lists of instructions to bidders or to responders to a request for A bid or quotation form. Page lC~ of 30 (4 form, if appropriate. (5) (6) If contractor selection is to be through formal sealed bids, a bid bond A Public Cons~rruction Bond form if appropriate. General and special conditions and technical provisions. Page 20 of 30 5Ec'i-'J:ON 1o - PROFESS'rONAL SERV'rCE$ CONTRACT5 10.1 Competitive Negotiations Policy Because price, differences may only be a minor consideration compared ~o the quality of the professionbl s work, Professional Services are exempted from the County s competitive bidding policy. Instead, Professional Services will be acquired through competitive negotiations. The Professional Services procedure described below also insures that the County complies with Section 287.055, Florida Statutes, known as the Consultant's Competitive Negotiation Act (the "CCI'dA"). 10.2 Professio ~al Services befinition A professional Service is assistance obtained in support of County operations from a consultant in a professional field. Services in the following fields are considered Professional Services: (o) Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. (b) Legal Services - attorneys, including bond counsel, title insurance and services, and other legal professionals or experts. (c) Financial Services - rating and underwriting, financial advisor, investment related and other financial services. (d) Professional Services Regulated by the CCI,IA, and as may be amended from time to time, including those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the State of Florida, or those Professional Services performed by any architect, professional engineer, landscape architect, or registered surveyor or mapper in connection with qis or her employment or practice. (e) Appraisal Services - real and personal property appraisers. (f) Audit and Accounting Services - auditors and accountants. (g) Consultants - Planning, Management, or Scientific Consultants. Page 21 of 30 :~0.3 Professional Services Authorization (a) Legal Services - All requests for outside legal services shall be approved by the County Administ ~ator and the County Attorney within the amount budgeted for professional legal services by the Board of County Commissioners. ]Zf so approved, all requests for legal services shall be referred to the County Attorney for negotiation. (b) ALditor Services - All requests for Auditor Services will be referred to the Auditor Selection Committee established pursuant to Section ll.4§, Florida Statutes, and as amended from time to time. Negotiations for such services shall be conducted as described therein. (c) Professional Services obtained by or paid for by the County for the benefit of indigent criminal defendants shall be processed as provided in Section 16 of this Purchasing Manual, and shal be considered os Grants in Aid, and not Professional Services. (d) Financial Services - All requests for financial services to include rating and underwriting, financial advisor, investment related and other financial services shall be approved by the Board of County Commissioners. (e) ALthorization for obtaining the services described below shall be approved by the County Adninistrator. These services are exempt from the Professional Services Negotiation procedure described therein as well as from all other competitive purchase requirements and therefore, no further authorization is required. The County Administrator may, however, require the Department requesting the services to prepare an RFP and to follow the Professional Services Negotiations procedure described below. Contracts for these Professior al Services shall be prepared in accordance with Chapter 8 of this Purchasing Manual except that the County Administrator shall execute all Professional Services contracts up to and including a fee of $20,000.00. (l', Appraisal Services - real and personal property appraisers. (2) Professional Services for a total fee of $?0,000.00 or less, excluding Professional Services Regulated by the CCNA. (3) Professional Services Regulated by the CCI,IA for a total fee of $~0,000.00 $25.000.00 or less for a planning or study activity or for a project the basic construction costs of which are not expected to exceed $~20,000.00 $250.000. Page 22 of 30 Authorization for requests for all non-exempt Professional Services must be (f) reviewed by the iCounty Administrator. 5election of firms to provide these services must / follow the Competitive Negotiation Section procedure described below. ~Zf the Professional Services have been previously approved by the Board in the requesting department's budget for that fiscal year and unless otherwise required by the County Administrator, no further approval of the request is necessary. However, if the Professional Services have not been previously approved, or if required by the County Administrator, the request must be approved by the Board. 10.4 Requests for Proposals Upon receiving the appropriate request approval, the requesting department shall prepare a Request for Proposals (RFP") using a form approved by the County Attorney and provided by the )urchasing Manager. The RFP shall solicit proposals (the "Proposals") from interested firms (the "Proposers") to provide the requested service and at a minimum shall include: (a) A description of the scope of services requested. The description shall be sufficient to assdre that all Proposers have the same understanding of the requested basic services. (b) A request for specific and general information on how the Proposer will proceed with the project including written documentation of the Proposer's expertise and ability to perform the req dested service. (c) 5pacific instructions on how, when and where the proposals shall be submitted including the date the proposal will be opened. (d) A ~equirement that the proposal be submitted as a sealed package. (e) ~Zf the request is for Professional Services Regulated by the CCNA, the RFP shall also include a statement that the Proposer shall not include proposed compensation as part of the proposal or that proposed compensation shall be provided in a separate sealed package. Such proposals for compensation will only be considered during competitive negotiations. (f) A statement that the Board reserves the right to reject all irregular proposals or to reject all proposals if it is deemed by the Board to be in the best interest of the County. Page 23 of 30 (g) A statement of the factors which will be considered in selecting the most qualified Proposer. (h) Tn an RFP requesting proposals from design firms, including but not limited to engineering and architectural firms, the Board may include a requirement that the Proposer provide a conceptual design of the project along'with the proposal. 10.5 Professio ~al Services Negotiations Unless wcived by the 8oard in accordance with this 5action, the following procedure shall be followed in obtaining Professional Services regulated by the CCNA for a total fee of more than $10,000 $25.000 for a planning or study activity or for a project the basic construction cos- of which is expected to exceed $120,000 $250.000, as well as for all other non-exempt Pro-'essional Services. Tn addition, it is the intent of the Board that the procurement of all Professional Services regulated by the CCNA shall be in accordance with the CCNA, as it may be amended from time to time and therefore, any conflict between this Purchasing Manual and the CCNA shall be interpreted in accordance with the CCNA. (a) Pu 31ic Announcement - After approval of a request for Professional Services as described above, the Purchasing Department will notify appropriate Proposers on the Master Bidders List or List of Consultants of the proposed project. Tn addition to such notification, a public notice shall be placed in a newspaper of general circulation in the County describing the services required and a closing date for receipt of proposals. Publications of statewide and nctionwide distribution may be utilized for such notices if the magnitude of the project warrants. Such notice requirements may be waived by the Board except when the requirements are required by state law in which case the Proposer at a compensation which is fair, competit've and reasonable. If the Committee or the Board is unable to negotiate a satisfactory cortract with the first Proposer, negotiations with that Proposer shall be terminated and -he Committee or the Board shall attempt to negotiate a contract with the next most qualif'ed Proposer. If these negotiations are not successful, negotiations shall be terminated with the second Proposer and attempted with the third most qualified. If the Board or the Committee is not successful in negotiating a satisfactory contract with any of the selected Proposers, the Board or the Committee shall select additional Proposers in the order of their qualifications and continue negotiations until an agreement is reached or if no agreement can 3e reached the Board may reject all proposals and may thereafter re- advertise for new proposals. 10.6 Professional Service Contracts Page 24 of 30 After a Professional Service Contract has been successfully negotiated as set forth above, the Department that requested the service will submit the contract, together with the recommendation~ of the Committee when required, to the Board for final approval. All contracts negotiated by the Committee shall be subject to final approval by the Board unless such approval is waived by the Board. The Contract Procedure described in Section 8 of this manual shall be followed. (b) After Board approval, the requesting Department shall prepare and submit REQUISITION to the Purchasing Department, as provided in Section 6 of this manual. (c) After receipt and review of the REQUISITION, the Purchasing Department will prepare a PURCHASE ORDER for the purchase as provided in Section 12 of this manual. 10.7 Community Development Block Grant ("CDB~") Professional Services Procurement Procedure In accordance with the federal regulations governing Community Development Block brant ('CDBG') -'unds, the County shall adhere to the following procedures when obtaining professional services for CDB~ projects. To the extent that the procedures set forth in this section conflict with other provisions of the Purchasing Manual, the provisions of this section shall control. (a) Ary public notice and/or Request for Proposals ('RFP") shall identify all evaluation factors and the maximum points which may be scored for each factor; (b) TI, e public notice shall be published in a newspaper of wide circulation in the region outside the County, or the RFP shall be mailed to firms outside the County which can provide the service and documentation of the mailings shall be maintained by the Purchasing Division; (c) Ar evaluation procedure for selecting order of negotiation shall be identified in the public not'ce and/or RFP and shall be limited to one of the following methods: (1', The selection committee shall rank all proposals using a scoring form identical to the published evaluation criteria and forward the ranked listing of all proposers for approval or disapproval (only) to the Board of County Commissioners. If the Board rejects the ranking, the procurement process must start again from the development of another RFP. Page 25 of 30 SECTION z:> - PURCHASE ORbER z2. z Purchase Order Preparation A purchase order form will be prepared by the Purchasing bepartment for all purchasing transactions on the County's financial records. (a) After receipt of a requisition form, the selection of the vendor and the award of the purchase, the Purchasing bepartment will complete and distribute the purchase order. (b) The Purchasing bepartment will enter the details of the purchase on the purchase order form. (c) After entering the details, the Purchasing bepartment will assign the requisition form a purchase order number. (d) TFe Purchasing bepartment will distribute the final version of the completed purchase order (1) The first copy of the document shall be sent to the vendor by the Requesting Department. (?) The second copy of the document will be sent to the Finance Department. (3) The third copy of the document will be retained by the Purchase Department for reference. (4) The fourth copy of the document will be sent to the Requesting Department and will serve as the Department's file copy. (5) The fifth copy will be for receiving and payment purposes. [ 2.~. Multiple >urchase Orders A Multiple Purchase Order will be used when more than one invoice is expected for single purchase order. Page 26 of 30 (a) The issuance of Multiple Purchase Orders in advance will be permitted on an as needed basis 'n amounts less than $2,500 ~5.000 or in amounts at the discretion of the Purchasing Manager birector. (b) Upon receipt of the fifth copy of the encumbered requisition document, the Requesting Department will make additional invoice expected, which will serve as additional receiving reports. Page 27 of 30 18.1 SECTZON 18 - FIXEb ASSETS County OWned Personal Property All equipment not incorporated into a facility and in excess of the threshold $750.00 (established by ,State Statute F.5.5act/on 274.07. Florida 5tntutes)are considered Tangible Personal Property. All purchases of Tangible Personal Property will be approved by the Board of County Commissioners. 18.2 Procedure for Acquisition of Personal Property All purchases will follow the procedures outlined: 1. After a department determines a need for a piece of equipment that is considered Tangible Personal Property, they will obtain approval to purchase the item during the annual budget preparation or at a Board of County Commissioners public meeting. The requesting deportment shall request the assistance of the Purchasing Department to establish a budget for the item. a. Automated Services Information Technology may purchase Tangible Personal Property as approved by the Board of Governors or the Board of County Commissioners 2. After Board approval is obtained, the requesting department will enter requisition into the computer system and forward a hard copy to the Purchasing bepartment with the required authorization. The requisition shall contain a detailed description of the item, Equipment Request number assigned by OMB and the date of Board approval. 3. If a piece of equipment increases in cost after budgeting approval by the Board, the Department may purchase the piece of equipment with County Administrator approval provided that the equipment cost does not exceed the Department's equipment budget. The Purchasing Director shall provide quarterly reports to the Board and the County Administrator if any equipment is purchased over the budgeted amount. The purchase of new equipment over $750 that has not received Board budgetary approval shall require Board approval before purchase. 3~_. A-'tar receiving the item, the requesting department will send the invoice (with payment authorization), receiving copy of the Purchase Order, Property Acquisition/Disposition/Transfer Form and a copy of Board approval to the Finance Page ::)8 of 30 Department. Th~ Fixed Assets Custodian will place an inventory tag on all Tangible Personal Property. 45. Annual y the Fixed Assets Custodian will physically inventory oll Tangible Personal Property, update the inventory (transfers and purchases) and dispose of surplus property in acco ~dance with current state and local laws. §6. honored property with a value in excess of $750.00 will be included in the requirements of this 5action. 18.3 Procedure for the Transfer of Personal Property All transfers of Tangible Personal Property between departments must be approved by the County Administrator or his designee. Transfers within a department must be approved by the Department Director. a. Al transfers must be submitted to the Purchasing Department on a Property Acquisition/Disposition/Transfer Form with the proper authorization. 18.4 Procedure for the Disposition of Personal Property Before ar item of Tangible Personal Property is removed from service, the Purchasing Department must be notified of the Department's desire to dispose of the item. Purchasing will instruct the requesting department on where to deliver the equipment. All dispositions of Personal Property must be approved by the Department Director. a. All dispositions of Tangible personal property must be submitted to the Purchasing Department on a Property Acquisition/Disposition/Transfer Form with the proper authorization. b. The Purchasing Department will attempt to find another department with a need for the items to be disposed of prior to removing the item from the Fixed Asset Znventory. c. The Purchasing Department will seek approval from the Board of County Commissioners to remove the item from the Fixed Asset ~Znventory if the item cannot be utilized elsewhere in the County. d. The item will be disposed of in accordance with 5action ;>74.06, Florida Statutes (I-.5. 27'1.06). Page 29 of 30 e. Taqgible Personal Property paid for by o grant must require special treatment for transfers and disposition. The user department is responsible to insure that these items are handled in the proper manner. 18.5 Property 'Less than $750.00 It is the duty and responsibility for all departments to retain a record of all items purchc~ed that cost between $50 and $750. A copy of this record is to be sent to the Purchc~ing I)epa~tment. At the end of each Fiscal Year, the list is to be physically verified and the additions, deletions or missing items are to be recorded. A copy of this physical inventory, along with an explanation of any discrepancy is to be sent to the Purchasing Department. Page 30 of 30