04/14/1999 T
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Agreement Between
Monroe County and Clean Florida Keys, Inc.
This Agreement is made as of the 14th day of April, 1999, between the Board of County commissioners of
Monroe County, Florida, hereinafter referred to as the "Board" and Clean Florida Keys, Inc.
WHEREAS, Monroe County has millions of visitors each year, and the small permanent population is faced
with managing and controlling or preventing the litter, both land and water borne from these visitors, and
WHEREAS, the County faces severe litter problems throughout all areas of the Keys, and
WHEREAS, Clean Florida Keys, Inc. provides services in the form of program management, including
educational programs and community action programs; and
WHEREAS, in Fiscal Year 99, the Florida Department of Environmental Protection has awarded Monroe
County $26,316.00 to coordinate Florida's mandated goal to reduce litter by 50% through a local Keep America
Beautiful affiliate. Clean Florida Keys, Inc. is Monroe County's local Keep America Beautiful affiliate.
IN CONSIDERATION of such services rendered, Clean Florida Keys, Inc. and the Board agree as follows:
1. The Board shall allocate the total grant to Clean Florida Keys, Inc. toward payment of administrative and
operating expenditures shown on the Clean Florida Keys monthly budget and specified in Option 1 of the grant.
2. The Board will compensate clean Florida Keys, Inc. on a reimbursement basis, for providing the measurable
objectives as specified in the scope of work in the Litter control and Prevention Grant application program budget.
The Litter control and Prevention Grant application program budget is attached and made a part of this agreement.
3. Records, checks and receipts of the use of the funds shall be kept by the Executive Director of Clean Florida Keys,
Inc. Records, checks and receipts shall be kept in accordance with Monroe County Policies, and the general
conditions of the grant, under the direction of the Department of Environmental Protection. A copy of the applicable
County policies, the grant and the applicable Department of Environmental Protection Policies are attached hereto
and incorporated by reference. Records and receipts will be available for inspection during regular business hours.
4. The term of this agreement is October 1, 1998 through September 30, 1999.
5. Clean Florida Keys, Inc. shall indemnify Monroe County for all claims of any sort that arise from the use of this
funding. In this respect, Clean Florida Keys, Inc. shall hold Monroe County harmless and assume all responsibility
for any claims or damage resulting from the use of this funding during the time wherein the funding continues.
� SITNgESSZ'I'HEREOF, the parties hereto have executed this Agreement as of the day and year first
above ritt . < �
S 'vim
CL- --) r Mayor Wilhelmina Harvey Yes
cc
CD tt) • o Mayor Pro Tem Freeman yes
L ' - 1 : C-' Commissioner Neugent Ye s •
0 „'" = r_ - Commissioner Williams YPs
J = 2 a Commissioner Reich YPs
gz c.D 2
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Ch. man, : • :rd of Directors, Clean FL Keys, Inc. / l 5 '' , `^ = < Mayor /Chairman
/,
,�► j � � _ A � PROVED AS TO F
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Attest:•Q — C_ . - f L S
Danny Kolhage, Clerk of the Court , ✓ r ROBERT N -• � �
` >•, DATE — - �Ti/
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CLEAN F
PO Box 1528, Key West FL 33041 -1528
Phone (305) 296 -3791 * Fax (305) 296 -6132 * Email: KeysBeauty @aol.com
March 26, 1999
Mr. James Roberts
Monroe County Administrator
5100 West College Road
Key West, FL 33040
Dear Mr. Roberts:
Clean Florida Keys, Inc. (CFK) has been actively involved in solid waste management and recycling in Monroe County for
more than five years. Through our community service programs, especially the Adopt -a -Shore program, we continue to
inform Monroe County residents about litter and solid waste prevention and to organize regular cleanup campaigns
throughout the Florida Keys.
The objectives of our organization set forth in our Articles of Incorporation, parallel those of Monroe County as outlined in
Florida's Solid Waste Management Act of 1988.
The objectives of Clean Florida Keys, Inc. are:
• To promote public interest in the general improvement of the environment by initiating, planning, directing and
coordinating programs for litter control in Monroe County
• To study, investigate and develop plans for improving the health, sanitation, safety and cleanliness of Monroe County
• To encourage the planting and preservation of trees and other objects and ornamentation in Monroe County
• To advise and make recommendations to various local government departments for the beautification and general
improvement of the environment of Monroe County
• To implement and maintain the Keep America Beautiful, Inc. System in Monroe County
Over the past several years, Clean Florida Keys has:
• Carried out litter cleanup campaigns throughout Monroe County, Florida through the donation of approximately 2000
hours annually from 300 -350 volunteers resulting in 360,000 pounds of trash and debris removed from Monroe
County;
• Vigorously developed and promoted the Adopt -a -Shore Program in Monroe County so that it is one of the largest in
the state of Florida with about 30 groups ( three new groups being added this month). This program involves:
• communications with the Adopt -a -Shore group coordinators
• ongoing recruitment of new volunteers and groups;
• media campaigns to promote cleanups;
• information and materials delivered to all groups
• participation in two major cleanup campaigns, plus additional cleanups designated annually by each group.
Page Two
Clean Florida Keys programs (continued):
• Performed the Keep America Beautiful, Inc. cost benefit analysis to determine government's return on dollars invested
in Clean Florida Keys programs
• Partnered with Florida A &M Graduate Students – cooperating with the City of Key West, CFK enabled students to
donate time and resources to develop a draft master plan for beautification of selected areas in Key West —would like
to repeat this effort in other Monroe County areas
• Encouraged businesses and individuals to sponsor tree plantings (working with City Electric on a tree give -a -way
program this April for Monroe County)
• Designed and conducted educational programs and community action programs on litter prevention and control for
businesses, schools and civic groups, includes speeches and programs such as Earth Day Educational Fair (1998)
• and Earth Day Poster Contest and School Play (Gerald Adams School – 1998)
CFK plans to continue these and other new programs in 1998 -1999 and we look forward to working together with Monroe
County on litter prevention and control, effective waste handling, and beautification efforts. In order for Clean Florida
Keys to maintain and expand its programs, we request the use of the state litter grant funds. We are confident that our
programs keep pace with the growth and development of Monroe County. We appreciate the opportunity to work with
Monroe County and its residents to ensure a cleaner, more beautiful environment for the future.
In 1997 -1998, Clean Florida Keys cost benefits analysis determined that CFK returned $9.82 for every dollar allocated by
government sources. Also enclosed is a copy of our 1998 -1999 budget for your review.
Sincerely,
Marie W. Klemann
Executive Director
Enclosure
Copies to CFK Board of Directors
An Affiliate of Keep America Beautiful, Inc. & Keep Florida Beautiful, Inc.
Budget
Clean Florida Keys, Inc. 1998 -1999
Totals
BEGINNING CASH $1,200.00
INCOM E
Grants
Keep Florida Beautiful ACBPG" 6,000.00
"Approved Community Based Program Grant
State Utter Grant - Admin by Monroe County 26,000.00
Total Income Grants 98-99 $ 32,000.00
1998 -1999 Other Income
Membership Dues $ 4,600.00
Donations $1,600.00
Earth Day 5K RunNValk $ 1,600.00
Total Other Income $ 7,600.00
Trial Income General $ - $ 40,700.00
EXPENSES
Consulting Fees $29,120.00
Equip/Computer/Copier/Supplies $2,000.00
Telephone $1,800.00
Postage & Delivery (50% for cleanups) $1,800.00
Meetings Fees/Travel $1,600.00
Utter Prev./Educ. Programs $4,480.00
Total Expenses General $40,700.00
For more detailed information on CFK educational activities see attached inf<
Adopt - a-Palm Project Restricted"
Income $1,400.00
Expenses $1,400.00
*Funds restricted for use in Adopt -a -Palm Program Phase II
Monroe County
Board of County Commissioners
Purchasing Policy
Mayor Wilhelmina Harvey, District 1
Mayor Pro tem Shirley Freeman, District 3
George Neugent, District 2
Nora Williams, District 4
Mary Kay Reich, District 5
James L. Roberts
County Administrator
John Carter, Senior Director
Office of Management & Budget
Monroe County Purchasing Policy
Table of Contents
CHAPTER 1 - INTRODUCTION 3
CHAPTER 2 - AUTHORITY & DUTIES 3
A. Board of County Commissioners 3
B. County Administrator 3
C. Office of Management & Budget 3
D. Requesting Department 4
E. Delegation of Authority 5
F. Purchasing Authority 5
G. Non- discrimination 6
CHAPTER 3 - COMPETITIVE BID PROCESS 6
A. Notice Inviting Bids 6
B. Procedure for Bids 7
C. Tie Bids 8
D. Rejection of Bids 9
E. Waiver of Irregularities 9
F. Award of Bid Contract 9
CHAPTER 4 - PURCHASE OF PROFESSIONAL SERVICES 9
A. Definition 9
B. Methods of acquisition 10
CHAPTER 5 - DESIGN /BUILD CONTRACTS 10
A. Primary Procedure 10
CHAPTER 6 - CONTRACTS /AGREEMENTS 15
A. Contract Review 15
B. Requirements 15
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C. CPI Computation 16
D. Exceptions 16
CHAPTER 7 - EXCLUSIONS 17
A. Sole Source 17
B. State or GSA Contracts 17
C. Previously Approved Projects 17
D. Piggybacking 17
CHAPTER 8 - BLANKET PURCHASE AGREEMENTS 18
A. Types of BPAs 18
B. BPA terms and conditions 18
CHAPTER 9 - RETURN OF PURCHASES 19
CHAPTER 10 -SMALL BUSINESS & DISADVANTAGED BUSINESSES 19
CHAPTER 11 - PURCHASE OF INSURANCE 20
CHAPTER 12 - RECYCLED CONTENT PRODUCTS 20
CHAPTER 13 - SURPLUS ITEMS 20
CHAPTER 14 - CENTRAL STORES 21
A. Purpose 21
B. Requisitions from Central Stores 21
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Monroe County Purchasing Policy
CHAPTER 1 - INTRODUCTION
The purpose -of the County's Purchasing policy is to secure economy in the construction of
County public works and in the expenditure of County funds for services, materials, supplies,
and equipment. The policy is intended to promote actual, honest and effective competition and
protect the taxpayers from collusive contracts, favoritism, fraud, extravagance, and
improvidence. The policies and procedures outlined herein are governed by Florida Statutes and
Monroe County Ordinances most recently in effect:`
CHAPTER 2 - AUTHORITY & DUTIES
A. Board of County Commissioners
The Procurement Policy Office consists of the Monroe County Board of County Commissioners
which is hereinafter referred to as the BOCC.
1. The BOCC shall decide all matters of policy including those referred to it
by the Chief Procurement Officer.
N� ' N ! "No-c'ontract in excess of $1000 for g oods or services may be'
� nay awarded ,L
without the approval of the Policy Office.
B. County Administrator
1. The County Administrator is the Chief Procurement Officer and shall have
the authority and responsibility to adopt administrative instructions for the
procurement of supplies, services, and construction in accordance with
policy adopted by the BOCC.
2. County Administrator has contract approval authority of $1,000.00 M.C.
ordinance Section 2 -1.
C. Office of Management & Budget
1. There is a Purchasing Section, within the Office of Management and
Budget (OMB). The OMB Director shall head the Purchasing Section and
in such capacity be additionally referred to as the Purchasing Director.
2. The OMB Director, with the approval of the County Administrator, may
originate or modify a Monroe County Administrative Instruction that
delineates specific procedures for governing the procurement process as
defined by County Ordinance and this Policy.
3. The OMB Department must conform to its unique status: government
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procurement is an "act in agency," a special relationship which calls for
the OMB Department to act for others, to commit their budgets, and to
influence their programs.
- 4. Reviews all requests for purchase and contracts for goods and services
prior to creation of purchase orders or submission to the BOCC for review
and execution. OMB checks convicted/suspended vendor list prior to
issuance of any purchase orders.
5. Assures that supplies used by various departments will be uniform
whenever consistent with operational goals and in the interest of efficiency
or economy. The requesting department must justify the need for a special
type of item.
6. The OMB Department maintains a list of potential bidders for the various
types of materials, equipment and supplies to be used in the development
of a mailing list for distribution of specifications and invitations to bid.
Any supplier may be included in the list upon request.
7. Makes alternative suggestions to the requesting department if requested
specifications would restrict competition or otherwise preclude the most
economical purchase of the required items/ In case of disagreement as to'
the content of the specificationssthe County Administrator shall make the
final determination.'
8. Makes the determination when a low bidder proposes an alternative as "an
equal" to that specified, whether the proposed substitution is, in fact, an
equal.
9. Seeks purchases through State, Federal Agencies, or other governmental
agencies if such purchases are in the best interest of the County.
10. The OMB Department develops standard lists of commonly used items for
all categories of supplies. These lists shall be used as a basis for
determining the feasibility of obtaining quantity/bulk purchases.
D. Requesting Department
1. Must submit a written or electronic "Request to Purchase" to the OMB
Department for all purchases of goods and services.
2. Provides adequate description of needed items so the OMB Department
can assist in preparing specifications to procure the desired items and or
services.
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3. Provides written justification for a special type of item and or "Sole
Source" vendor for which only the BOCC, County Administrator or
Director of OMB may approve at the appropriate level of purchasing'
authority. The OMB Department must in all cases evaluate the request for
any such commodity, service or source.
4. Secures original invoicing on all purchases made during an emergency,
and must be signed by the required authority, then forwarded to Finance.
E. Delegation of Authority
Subject to the limitations of these policies and any additional procedures of the County
Administrator, the OMB Director may delegate authority when and where such action is deemed
necessary.
F. Purchasing Authority
Purchasing Authority is defined as signature verification of original invoicing for receipt of the
ordered goods or services for payment by Purchase Order, Audit Slip, or other fiscal documents.
1. Purchasing Authority shall be limited.to the County Administrator, OMB
Director, Division Directors, Department Directors and/or their properly
authorized designees in order to insure proper fiscal control.
2. Purchasing Authority dollar level may be elevated to a higher level if
County Administrator or OMB Director determines such to be in the
County's best interests.
PURCHASING LEVELS WHAT TO DO? PURCHASING AUTHORITY
FOR TOTAL DOLLAR AMOUNT WHO APPROVES?
$.01 - $5,000.00 "Request to Purchase" form to Department Director
Purchasing. or their designees.
$5,000.01 - $10,000.00 Request to Purchase form along with Division Director or their designees.
two (2) or more written price quotes.
$10,000.01 - $25,000.00 Request to Purchase form along with County Administrator
two (2) or more written price quotes.
Requesting Department will solicit
bids in conjunction with the
Purchasing Department.
$25,000.01 AND OVER Competitive Bid process BOCC prior approval required
Governed by County Ordinance
G. Non - discrimination
It is the policy of Monroe County to provide equal opportunity to all qualified persons in gaining
entry to do business with the County. To help achieve an optimum level of competitiveness,
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Monroe County does not discriminate on the basis of race, color, sex, national origin, religion,
age or disability in its purchase of goods and services.
CHAPTER 3 - COMPETITIVE BID PROCESS
Any purchase or contract estimated to cost $25,000.01 or greater shall be awarded by
competitive sealed bid. Award of Bid shall be made by the BOCC to the lowest responsible
bidder. Award of contracts for professional services are covered elsewhere in this policy.
A. Notice Inviting Bids
1. Specifications: The Requesting Department must prepare bid
specifications and deliver them to the Purchasing Section and County
Attorney's office in advance of the Advertisement publication date. Bid
specifications should be written broadly enough to ensure response from a
range of bidders. Bid specifications should not be written to steer business
toward or "rig" the bid for any one particular vendor.
2. Advertisement: Notice inviting bids shall be published in one (1) or more
local newspapers qualifying under Florida Statutes Chapter 50.031.
Notice also shall be publicly posted by the OMB Department in a
consistent public location at least twenty -one (21) days preceding the last
day established for the receipt of bids.
3. Scope of Notice: The public notice required herein shall include a general
description of the articles to be purchased or sold, shall state where bid
instructions and specifications may be secured, and the time and place for
opening bids.
4. All bids received must remain valid for a period of ninety (90) days.
5. Bidder's List: The Purchasing Section shall also solicit sealed bids from
qualified prospective vendors /contractors who have requested their names
be placed on a bidders' list, which the Director of OMB shall maintain, by
sending them a copy of such a notice as will acquaint them with the
proposed purchase or sale.
6. Bid Deposit: Each bid must be accompanied by a bid security in an
amount equal to 5% of the bid price either in the form of a certified check
made payable to the County or in a bond from surety company authorized
to do business in Florida. The bid securities will remain in the custody of
the OMB Director until forfeited or released. If, after the Board accepts
the bid the bidder refused to execute the contract or commence the work or
provide the goods called for, then the bid security will be forfeited. The
bid securities of unsuccessful bidders and bid securities in the County's
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possession for more than 90 days from the date of bid opening must also
be returned.
- 7. Bid Addenda: An addendum to a specification shall be defined as an
addition or change in the already prepared specifications for which an
invitation has been mailed for formal quotations or an announcement has
been posted for a formal sealed bid.
a) Any addendum to a request for formal sealed bids shall be
approved by the Requesting Department Director, Division
Director or designee and the OMB Director or designee. The
addendum shall clearly point out any addition or change to the
specifications.
b) OMB shall be responsible for notifying all prospective bidders who
have received specifications of the addendum(s) to writing five (5)
calendar days prior to opening date of bids. Specifications and
addenda in the possession of OMB are controlling.
B. Procedure for Bids
1. All public notices calling for bids under the signature of the Director of
OMB will include a notification of the date, time and place that the bids
will be accepted and opened. Any and all bids received after the time and
date of acceptance will not be considered and will be (if so requested)
returned (at the Bidders expense) unopened to the sender.
2. All sealed bids shall be opened at the office of the Director of OMB unless
another location for doing so was designated in the applicable Public
Notice. The OMB Director shall receive and retain all original bid
documents and addenda on file in his office. All bids shall remain valid
for a period of 90 days.
3. The date and time of bid acceptance and bid opening shall be the same.
All Bidders submitting bids for construction, improvement, remodeling or
repair of public buildings, will furnish evidence that the bidder holds an
appropriate current certificate or registration per Ch. 489.131 F.S. unless
exempt under Ch. 489.103 F.S.
4. All bid openings shall be open to the public and the Director of OMB shall
certify and keep a record of said openings. All bids shall be stamped with
date and time of receipt by the OMB staff and remain under lock.
5. The committee authorized to open the bids shall consist of the County
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Administrator, County Attorney, Requesting Division Director and the
Director of OMB or their designees.
- 6. A comprehensive review of the bids will be conducted by the Requesting
Department in conjunction with the OMB Department. OMB. will prepare
a tabulation of the bid opening and certify whether or not the bidder
appears on the State of Florida Convicted or Suspended Vendor list.
7. A BOCC meeting agenda item shall be prepared by the Requesting
Department and attached to the recommended bid.
8. Upon approval by the County Administrator, the proposal/bid will be
submitted for BOCC consideration on a future regular meeting agenda
(within sixty (60) calendar days of selection) as an "awarding of bids"
item.
9. The County Administrator and/or appropriate Division or Department
Director will be responsible for presenting recommendations to the
BOCC.
10. Once the BOCC has made a decision, the Requesting Division Director or
Department Head or their designated contract manager will be responsible
for ensuring the accomplishment of that which was approved.
11. Non - Collusion Statement: Each bid proposal shall contain the
appropriately worded non- collusion certification.
12. Drug Free Workplace: All formal contracts or agreements with vendors
supplying goods and services to Monroe County shall execute a "Drug
Free Workplace" form.
C. Tie Bids
In the event the same bid amounts are received from two or more bidders who are considered by
the BOCC to be equally qualified and responsive, the award shall be to the bidder who has a
principal place of business located in Monroe County, FL. Otherwise the tie will be resolved by
lot.
D. Rejection of Bids
1. The BOCC shall have the authority to reject any and all bids.
2. If the lowest, responsible bid exceeds budgeted amount and the BOCC
does not appropriate additional funds, the requesting authority may solicit
approval from the BOCC and, if granted, may appropriately amend the
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project specifications and re- advertise the request for bids.
3. If no bid is received, the BOCC may be requested to authorize the County
- Administrator to undertake direct negotiations to purchase the
item/service. The BOCC would then consider the results of said
negotiations and determine whether acquisition of these goods or services
at the negotiated price would be in the County's best interest, and if so,
authorize the requisition.
4. Late bids. Any and all bids received after the time and date of acceptance
will not be considered and will be (if so requested) returned (at the Bidders
expense) unopened to the sender.
E. Waiver of Irregularities
The BOCC shall have the authority to waive any and all irregularities in any and all formal bids.
F. Award of Bid Contract
The Mayor, when authorized by majority vote of the BOCC, shall execute formal contracts
having a binding effect upon the County.
CHAPTER 4 - PURCHASE OF PROFESSIONAL SERVICES
A. Definition
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 (as per Chapter
125.355, FS).
2. Architecture, professional engineering, landscape architecture, or
registered land surveying services (as per Chapter 287.055, FS).
3. Audit and Accounting Services - auditors and accountants (excepting the
selection of the annual auditor which shall be conducted as per Chapter
11.45, FS).
4. Consultants - planning, management, technological or scientific advisors.
5. Financial Services - bond counsel, rating and underwriting, financial
advisor, and investment services.
6. Legal Services - attorneys and legal professionals.
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7. Medical Services - medicine, psychiatry, dental, hospital, and other health
professionals.
B. - Methods of acquisition
Because differences in price may only be a minor concern compared to qualitative
considerations, professional services may be exempted by the BOCC from the competitive
bidding process. Instead, professional services will be typically acquired through one of the
following methods:
1. Competitive Selection and Negotiation - per Chapter 287.055, (4) & (5)
FS
a) A Request for Qualifications (RFQ) is publicly announced.
b) Responding firms are ranked and may be required to make public
presentations to the BOCC.
c) The County will negotiate a contract with the firm selected by the
BOCC.
d) The negotiated contract will be reviewed and placed before the
BOCC for approval.
2. Requests for outside legal services will be referred to the County
Administrator 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
BOCC at the request of the County Administrator or County Attorney.
CHAPTER 5 - DESIGN /BUILD CONTRACTS
A. Primary Procedure
1. 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 Chapter 287.055, FS and the procedures set
forth in this section.
2. For the purpose of this section, the following definitions shall apply:
a) A "design/build firm" means a partnership, corporation, or other
legal entity which is:
(1) Certified under Chapter 489.119, FS, to engage in
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contracting through a certified or registered building
contractor as the qualifying agent: and;
(2) Certified under Chapter 471.023, FS, to practice or to offer
to practice engineering; certified under Chapter 481.219
FS, to practice or to offer to practice architecture; or
certified under Chapter 481.319 FS, to practice or to offer
to practice landscape architecture.
b) A "design/build contract" means a single contract with a design
build firm for the design and construction of a public construction
project.
c) 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 a Department request for proposal, or to permit a
Department to enter into negotiated design -build contract. The
design criteria package shall specify such performance -based
criteria for the public construction project, including, but not
limited to, the legal description of the site, survey information
concerning the site interior space requirements, material quality
standards, schematic layouts and conceptual design criteria of the
project, cost or budget estimates, design and construction
schedules, site development requirements, provisions for utilities,
storm water retention and disposal, and parking requirements, as
may be applicable to the project.
d) A "design criteria professional" means a firm that holds a current
certificate of registration under Chapter 481 FS to practice
architecture or landscape architecture or a firm who holds a current
certificate as a registered engineer under Section 471 FS to practice
engineering and provide professional architect services, landscape
architect services, or engineering services in connection with the
preparation of the design criteria package.
3. 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
Chapter 287.055 FS The design criteria services of a firm under
continuing contract may also be utilized if the project construction costs
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are estimated to be less than $500,000 and provisions for design criteria
services are included within or added to such contracts. All solicitations
for professional services to prepare a design criteria package(s) shall
inform the recipient firms of the following information:
a) A description of the project;
b) The work to be performed;
c) Written notification that the design criteria professional who has
been selected to prepare the design criteria package shall not be
eligible to render services under a design -build contract executed
pursuant to the design criteria package.
4. Upon completion of the Design Criteria Package, procurements of
Design/Build services shall be processed in a manner consistent with the
section entitled "Competitive Proposals ".
5. The BOCC may appoint, direct and empower a technically qualified
screening committee to review, analyze, evaluate and rank/rate the
applicable Design/Build proposals and report their findings and
recommendations back to the BOCC for consideration and contract award.
6. The BOCC may declare a public emergency, where appropriate and
authorize the using agency to negotiate an agreement for BOCC approval
with the best - qualified design -build firm available at that time.
7. In lieu of the design/build contractor selection procedure described above,
the following selection process may be used at the option of the OMB
Director for the selection of a firm for the design and construction or
renovation of buildings when the scope of work is flexible and identifies
an end result that the County wants to achieve rather than just dictating
specific methods and materials.
a) Bid proposals must consist of a technical proposal and a price
proposal. The two proposals must be segmented into separate
sealed packages and clearly marked. An original and five copies
of both proposals must be received by the deadline stipulated in the
Purchasing Department's public announcement.
(1) The technical proposal must include all the information
requested in response to the scope of services described in
the design criteria package. Examples of such information
are: design drawing documents, outline specifications, and
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special requirements, construction details, schematic
mechanical, plumbing and electrical, and schedules.
(2) The price proposal must include one lump sum cost for all
costs of the project as defined by the scope of services of
the design criteria package. Examples of such services are:
design, permits, construction engineering, and inspection
and construction of the proposed project.
b) The selection committee consists of the County Engineer, the
County Construction Manager, and a representative of the
department requesting the project selected by the County
Administrator. Depending on the projection, the County
Administrator may replace the County Engineer or the
Construction Manager with a more appropriately qualified
individual. At the time and place stated in the public
announcement, the committee will publicly unseal the technical
proposals, and distribute the proposals to the individual committee
members for study and evaluation. The sealed price proposals
must be keep in the custody of the OMB Director until unsealed
under the procedure described below. At the time the technical
proposals are unsealed, the OMB Director or his designee must
also state the time and place where the technical scores will be
publicly announced and the adjusted score calculated. The
technical scores must be established according to the following
criteria:
Technical Criteria: Maximum Score 45
Structural System
Exterior Finish
Roof System
Mechanical/Plumbing
Electrical
Interior Finish
Interior Hardware and Fixtures
Interior Doors /Walls
Ceiling/Lighting Systems
Management Criteria: Maximum Score 35
Contractors Experience
Location of Firm
Experience of Firm with Design/Build
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Experience of Architect/Engineer
Project Schedule: Maximum Score 20
Contractor's Ability to Meet Schedule
Consultant's Ability to Meet Schedule
Length of Project Schedule
TOTAL MAXIMUM SCORE 100
c) The selection committee members must calculate a score for each
of the criteria. The maximum scores are an average of the
committee member's score. The total maximum score is the sum
of the averages.
d) At the time and place previously announced, the OMB Director or
his designee will publicly announce the technical scores. The
OMB Director will then unseal the price proposals and arrive at an
adjusted score for each firm by dividing each firm's price by the
• technical review score. An example of how the selection formula
works is shown below:
FIRM TECHNICAL BID ADJUSTED SCORE
SCORE
A 90 $300,000 3333
B 80 $230,000 2875
C 70 $400,000 5714
(In this example, Firm B would be recommended fQr selection.)
e) The selection committee must recommend to the BOCC that the
firm with the lowest adjusted score be awarded the contract unless
the committee's recommendation is to reject all the proposals. The
BOCC reserves the right to reject all proposals.
CHAPTER 6 - CONTRACTS /AGREEMENTS
A. Contract Review
1. All Contracts, leases and/or agreements shall be reviewed by Risk
Management, OMB, the appropriate Division Director, and the County
Attorney's Office prior to being placed on the agenda for BOCC approval.
A contract summary will be attached to each contract/agreement.
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2. The Division Director of an approved contract/agreement shall designate a
Contract Manager who shall be responsible for enforcing performance of
said contract/agreement terms and conditions.
B. Requirements
1. Per Fla. Statutes, Chapter 287.0582 all contracts which bind Monroe
County for the purchase of services or tangible personal property for a
period in excess of one (1) fiscal year must have the following statement
included in the contract. "Monroe County's performance and obligation to
pay under this contract, is contingent upon an annual appropriation by the
BOCC."
2. Public Entity Crime Statement. All invitations to bid, request for proposals
and any contract document shall contain a statement which reads as
follows (Section 287.133 FS): "A person or affiliate who has been placed
on the convicted vendor list following a conviction for public entity crime
may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date
of being placed on the coqvicted vendor list."
3. Ethics Clause. Each contract/agreement entered into by the County shall
contain in accordance with Section 5 (b) Monroe County Ordinance No.
010 -1990 the following ethics clause; "(Person or business entity)
warrants that he /it had not employed, retained or otherwise had act on
his /its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010 -1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 020 -1990. For
breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover the full
amount of any fee, commission, percentage, gift, or consideration paid to
the former County officer or employee."
C. CPI Computation
The contract/agreement (lease) amount agreed to herein might be adjusted annually in accordance
with the percentage change in the Consumer Price Index for all urban consumers (CPI -U) for the
most recent 12 months available.
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•
Monroe County Purchasing Policy
D.
Exceptions
I 1. There are certain expenditures for which the processing of a purchase
order is unnecessary. The following should be made without purchase
orders, but audit slips must be attached to invoices before being sent to
Clerk's Finance Department for payment:
a) Employee expenses such as conference expenses, hotel expenses,
mileage and other reimbursable expenses in performance of day -to-
day duties.
b) Interdepartmental charges - billings for specific office repairs, fuels
from bulk storage, County vehicle maintenance or repairs, etc.
2. The Purchase of the following goods and or services requires a purchase
order and shall be regulated by the appropriate Administrative Instruction.
a) All radio communications service and equipment - including but
not limited to two -way personnel and vehicle radios, beepers and
etc. Monroe County Administrative Instruction #5800.
b) All telephone systems, lines, services, equipment and audit costs
for same. Monroe County Administrative Instruction #4401.
c) All computers and or data communications hardware, software,
product and services. Monroe County Administrative Instruction
#4401.
d) Business cards are subject to Monroe County Administrative
Instruction #4800.
e) All travel shall be approved and/or regulated by the Monroe
County Administrative Instruction #1003.
f) All purchase of vehicles, rolling equipment or emergency
generators (excluding fire trucks and ambulances) shall conform to
Monroe County Administrative Instruction #6403.
CHAPTER 7 - EXCLUSIONS
A. Sole Source
Purchase of commodities and services from a single source may be exempted from formal
competition by written justification from the requesting department of the following conditions:
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1. The public emergency for the requirements will not permit a delay
resulting from competitive solicitation.
- 2. All Single Source purchases are subject to approval by either the BOCC,
County Administrator or Director of OMB at the authorized level of
authority. The OMB Department must in all cases evaluate the request for
such commodity, service or source: Any waiver of competition in a
specific instance shall not serve to waive competition of future purchases
of a similar or exact nature.
B. State or GSA Contracts
Purchases over $25,000 from vendors holding current "State" and or "GSA" contracts are still
subject to the competitive bidding process. The price of the existing contract will be the
maximum price for such goods or service in any bids received by the County.; The published
notice must so state the maximum pricer If no bids are received at or below the maximum price,
then the County may use the existing contract.
C. Previously Approved Projects
Once the BOCC has approved a project, concept, and/or specific capital budget item, subsequent
additional, redundant approval by the BOCC is specifically not required for advertisements,
Requests for Qualifications (RFQ's) or Bids. (BOCC action 5- 26 -93, Page 93/254 #1).
D. Piggybacking
The County has the option to "piggyback" on another governmental entity's competitively
awarded bid to take advantage of the pricing received:
1. The requesting department in conjunction with the OMB Department must
first verify specifications and award information and receive permission
from both the entity and the vendor to piggyback.
2. Piggyback purchases over $25,000 are still subject to the competitive
bidding process.. The price of the existing contract will be the maximum
price for such goods or service in any bids received by the County. The
published notice must so state the maximum price. If no bids are received
at or below the maximum price, then the County may use the existing
contract.
3. Conversely, Monroe County will allow other governmental entities to
piggyback on Monroe County's quotes when requested.
4. Please note the term "piggyback" only applies when the items(s) or
services(s) being purchased are exactly the same as the original award.
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CHAPTER 8 - BLANKET PURCHASE AGREEMENTS
A Blanket Purchase Agreement (BPA) is a simplified method of filling anticipated repetitive
requirements for supplies or services by established "Charge Accounts" with qualified vendors
during a speeified period (not to exceed 12 months or one (1) fiscal year whichever is less).
BPAs are designed to reduce administrative costs in accomplishing purchases (up to $25,000) by
eliminating the need of issuing individual written purchase orders.
A. Types of BPAs
1. Un -priced BPAs are issued when there is a wide variety of items in a
broad class of goods (e.g., hardware) that are generally purchased but the
exact items, quantities and delivery requirements are not known in
advance and may vary. An un -priced BPA will be established without a
purchase requisition or a commitment of funds. To the extent practical,
Un -priced BPAs for items of the same type should be placed concurrently
with more than one vendor. All competitive sources should be given an
equal opportunity to furnish supplies or services under BPAs. Orders in
excess of $1,000 placed against un -priced BPAs are subject to competitive
solicitation.
2. Pre-priced BPAs, also identified as Required Contracts, are issued when
there are repetitive needs for specific items or services and when the exact
quantities and delivery requirements are not known in advance and may
vary. A purchase requisition containing (1) description of the required
items or services, (2) specified period, and (3) estimated quantities for the
specified period, is required to establish a pre -priced BPA Requirement
Contract.
B. BPA terms and conditions
1. Description of agreement - A statement that the vendor shall furnish
supplies or services when requested by the authorized individual (s) during
a specified period.
2. Extent of obligation - A statement that the County is obligated only to the
extent of authorized purchases actually made under the BPA.
3. Pricing (Un -priced BPA) - A statement that the prices to the County shall
be as low or lower than those charged to the vendor's most favored
customer for comparable quantities.
4. Purchase limitation (Un -priced BPA) - Dollar limitation for each call order
under the BPA.
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5. Authorization - A statement specifying who may place calls against the
BPA (OMB Director).
CHAPTER 9 - RETURN OF PURCHASES
The Policy Office's basic policy is to reject all nonconforming goods or services. All personnel
charged with contractor surveillance shall document findings /reviews /inspections in writing and
assure that one (1) copy of each is forwarded to the OMB Department for inclusion in the
purchase transaction file.
Nonconforming goods or services shall be corrected as follows (in order of preference):
1. Request vendor to restock/re- perform any unacceptable quantities /portions
of the contract.
2. Allow contract performance after obtaining some form of consideration.
3. Agree to an equitable adjustment and modify the contract accordingly.
4. Repurchase any unacceptable quantities/portions of the contract and
collect excess cost from the delinquent vendor.
5. Terminate the contract.
6. All corrections for nonconforming goods and services shall be subject to
approval at the appropriate level of purchasing.
CHAPTER 10 - SMALL BUSINESS & DISADVANTAGED BUSINESSES
On all contracts or contract modifications of over $500,000 ($1,000,000 for construction) and
that have subcontracting possibilities, the OMB Director and/or the Division/Department having
project management/oversight responsibilities, should submit an acceptable subcontracting plan.
Under such a plan, maximum practicable opportunities must be afforded to small and small
minority firms. This plan must include:
1. Separate percentage goals for using small business concerns and small
disadvantaged business concerns.
2. Name of an individual employed who will administer the firm's
subcontracting program.
3. Description of efforts to be made to insure that such firms have an
equitable opportunity to compete for subcontracts.
4. Assurance that the clause at FAR 52.219 -8 will be included in all
subcontracts that offer subcontract opportunities.
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5. Assurance to cooperate on surveys for compliance.
CHAPTER 11 - PURCHASE OF INSURANCE
Any purchase of insurance by the Monroe County BOCC shall be treated as the purchase of a
commodity and regulated the same. This includes the methods of solicitation for coverage: by
selection from RFP's; by RFQ's; by sealed bids.
All policies for insurance coverage and contracts for insurance service agencies shall be
renewable yearly for a total of not to exceed three (3) years with BOCC review.
CHAPTER 12 - RECYCLED CONTENT PRODUCTS
The OMB department shall on a continuing basis encourage the use of products and materials
with recycled content. Preference shall be given to the procurement of recycled content products
and materials when it can be determined that such purchases are cost effective, meet
specifications required and are in the best interest of Monroe County.
For the purposes of this section "recycled content" means materials that have been used, recycled
and are contained in the products or materials to be procured as "post" recycled.
CHAPTER 13 - SURPLUS ITEMS
All using county agencies shall submit to the Clerk to the BOCC's Property Clerk at such times
and in such form as shall be prescribed, reports showing stocks of all tangible personal property
which are no longer used or which have become obsolete, worn out or scrapped.
1. Transfer: The Director of OMB shall have the authority to transfer surplus
stock and equipment to other using county agencies.
2. The Director of OMB shall have authority to sell, trade or exchange all
supplies and equipment of a value less than the limits proscribed under
Chapter 274 FS ($500.00), which have become unsuitable for County use.
Sales of Surplus Property equal to or in excess of the referenced statutory
limits ($500.00) shall require prior approval of the BOCC.
3. Employees of Monroe County and their immediate families are expressly
forbidden to bid on sales of surplus Monroe County property.(BOCC
93/77, 2- 10 -93)
CHAPTER 14 - CENTRAL STORES
The OMB Department shall, where economically feasible, maintain a complete inventory of
stockpiled, consumable materials and supplies
A. Purpose
1. Permit more effective control and consolidation of purchases;
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•
Monroe County Purchasing Policy
2. Permit advance procurement of certain items, frequently purchased in
small quantities for immediate consumption, thus making these items
readily available as issued; and
B: Requisitions from Central Stores
The individual departments shall submit orders for inventory items on a requisition form. The
request will be forwarded to the Purchasing Section.
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• •
Monroe County Purchasing Policy
low bidder 4
—A—
—M—
addendum - 7
Advertisement 6 Monroe County Board of County Commissioners 3
Architecture 9
—N-
-B—
Non- Collusion 8
Bid Addenda 7 nonconforming goods 19
Bid Deposit 6 Notice Inviting Bids 6
bid specifications 6
Bidder's List 6 —0—
Blanket Purchase Agreement 18
Business cards 16 OMB 3
— C— —P—
Competitive Selection 10 piggyback 17
computers 16 Procurement Policy Office 3
Contract Manager 15 professional service 9
Contract Review 14 professional services 10
contracts 4, 8 proposals 6
County Administrator 3 Public Entity Crime Statement 15
CPI Computation 15 Public Notice 7
public notices 7
— D— Purchasing Authority 5
DELEGATION OF AUTHORITY 5
—R—
DESIGN/BUILD CONTRACTS 10
direct negotiations 9 radio communications 16
Drug Free Workplace 8 recycled content 20
Rejection of Bids 8
— F. Request to Purchase 4
equal opportunity 6 —S—
ethics clause 15
Exceptions 16 sealed bids 7
EXCLUSIONS 16 signature verification 5
software 16
— G— Sole Source 5, 16
SURPLUS items 20
GSA Contracts 17
T— .
_4_
telephone systems 16
insurance 20 Tie Bids 8
travel 16
—1_,_
—w—
Late bids 9
legal services 10 Waiver of Irregularities 9
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0 p%OtECTION •
:; ' ' te r Department of
Lc.) ,;t:01;1 Environmental Protection
Twin Towers Office Building
Lawton Chiles 2600 Blair Stone Road Virginia B. Wetherell
Governor Tallahassee, Florida 32399 - 2400 Secretary
LITTER CONTROL AND PREVENTION GRANT AGREEMENT
FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES
PART I - GRANT NOTIFICATION INFORMATION
1. Grant Number: LC99 -42 2. Date of Award: August 1, 1998
3. Grant Title: LITTER CONTROL AND PREVENTION GRANT
4. Grant Period: October 1, 1998 - September 30, 1999
5. Grant Amount: $ 26,316
6. Grantee(s): MONROE COUNTY
Address: 5100 College Road, Room 506
Key West, Florida, 33040
7. Federal Employer Identification Number: 59- 6000749
8. Authorized Representative:
Name: Wilhelmina Harvey
Title: Mayor/ of Monroe County
PRO TEM
Phone: 305 - 292 -4432
9. Contact Person:
Name: Caroll A. Cobb
Address: 5100 College Road, Room # 506
Key West, Florida, 33040
Phone: 305 - 292 -4432
10. Issuing Office:
Florida Department of Environmental Protection
Bureau of Solid and Hazardous Waste
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
(850) 488 -0300
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recyded paper.
PART II - GRANT CONDITIONS
A. GENERAL CONDITIONS:
1. The method of payment, will be on a reimbursement basis only.
The effective date of this grant will be the date it is fully
executed (the date it is signed by the local government
authorized representative) through September 30, 1999.
2. Reimbursement requests must be signed by the designated
Authorized Representative and must have an original signature (not
a stamped signature). The Authorized Representative should be the
same person who signed the grant application. If there is a
change in the authorized representative during the grant period,
the Department must be notified of the new representative by
resolution or minutes of a commission meeting.
3. The grantee shall elect to submit reimbursement requests on
quarterly basis. An original of the reimbursement request with
a summary of expenditures shall be due on the last day of the
month following the end of the quarter. Each reimbursement
request shall be submitted in detail sufficient for pre -audit and
post -audit review.
4. Grant funds may be expended through September 30, 1999. The date
appearing on the check issued for an expenditure will be the date
used to place the expenditure in a reporting period and will be
considered the date paid. A final report must be submitted no
later than October 31, 1999.
5. Existing public and private programs shall be used to
implement this grant program before any new program will be
approved. Funds shall not be used for duplicating existing
public and private litter and marine debris prevention
programs unless the applicant demonstrates that such existing
programs cannot be integrated into the planned litter and marine
debris prevention program.
Expenditures shall be limited to the following two options:
OPTION 1
Grantees may spend 100% of the grant award for operating costs
associated with education and prevention programs listed in
section 10 and 11 of the grant application. These costs will
include rent, telephone, utilities, salaries and benefits,
postage, office equipment and supplies, program material and
marketing.
OPTION 2
Grantees may use up to 35% of the grant award for operating
costs for projects to assist local governments with the
removal of litter and debris. The remainder of the award not
spent on removal shall be used to fund educational and
prevention programs.
• •
6. Each recipient of grant funds shall maintain accurate records
of all expenditures of grant funds and shall assure that these
records are available at all reasonable times for inspection,
review or audit by Department personnel and other personnel
authorized by the Department. Records shall be kept for a period
of at least 3 years following the end of the grant period. The
grantee agrees that it will expeditiously initiate and complete
the program work for which assistance has been awarded under this
agreement in accordance with all applicable provisions of Florida
Statutes and the Florida Administrative Code.
7. The State of Florida's performance and obligation to pay under
this grant agreement is contingent upon receipt of funds presently
anticipated from the Florida Department of Revenue.
8. The Department reserves the right to unilaterally cancel this
contract for refusal by the grantee to allow public access to all
documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or
received by the grantee in conjunction with this grant.
9. The Grantee is prohibited from using grant funds for the
purpose of lobbying the Legislature or a State Agency.
10. Grant funds shall be included in the grantee's Annual Audit
performed under the Single Audit Act (Al28). Any subgrants
made by the grantee shall also include a provision for the
subgranted funds to be included in the subgrantee's Annual Single
Audit. A copy of all Single Audits shall be submitted to the
Department of Environmental Protection, Solid Waste Section, by
March 31st of each year.
Grant # LC99 -42
OFFER AND ACCEPTANCE
The State of Florida, acting by and through the Department of
Environmental Protection, hereby offers assistance to the county of
Monroe for all allowable costs incurred up to and not exceeding $26,316.
Grant Application dated, 07/16/98, included herein by reference.
THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION:
• 12419 g
John b Ruddell J, `tor Date
Divisi.n of Was Management
In accepting this award and any payments made pursuant thereto, (1) the
undersigned represents that he is duly authorized to act on behalf of
the recipient county, and (2) the recipient agrees to the general and
special conditions.
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY:
W.
.__ .. —.16—... IL---....646a.....11 '. 9 /1 I, i 9 S
Signature of Authorized Representative ` Date
Wilhelmina Harvey
Mayor /R f Monroe County
'PRO TEM
Please return to:
Department of Environmental Protection
Bureau of Solid and Hazardous Waste
Solid Waste Section - M.S. # 4565
2600 Blair Stone Road ,i •:_-•;,..,, �
Tallahassee, Florida 32399 -2400 i 4' �g ''-'3 ,r;' .,�
g . N ,
10
(sue.. _ .
ATT N N ( C KOLHAGE, QERKK
Elva Kx , C . Lgt
DEPUTY CLERK