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Item C06,C 6 COLA MonroeBOARDOF-COUNTY COMMISSIONERS J Mayor David Ride, District 4 The Florida Keys � Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District! t j George Neugent, District 2 Heather Carruthers, District 3 County Conmiission Meeting April 19, 2018 Agenda Item Number:: C.6 Agenda Item Summary #4036 . I�UI$E1D BACKUP DAX OF MEET+T�i��: &�vis,,s�oi�s to chapter 9 added . BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE:: STAFF CONTACT: Laura DeLoach (305)292-4482 0 .AGENDA ITEM WORDING: Approval of Revised Purchasing Policy which,includes changes, that are necessary due to the _recent _ change in newspaper publications and other clarifications as noted in detail in .the item background below ITEM BACKGROUND: As advised at the March BOCC meeting; the Keynoter and Reporter will no longer be published in print forni:and the digital version does not provide for placement .of.legal notices or advertisements. The Monroe County Purchasing Policy (Policy) is being revised to 1) address the change in local publications as competitive solicitation notices can no longer. be printed in the Keynoter and Reporter, as per previous BOCC direction. The language. in the Polic p p . P.y, corresponding memorandum (Attachment A) and Sample Notice of Competitive Solicitation -- (Attachment B) is being revised to address publication changes; 2) clarify the Tie Responses section to.make clear that federally funded projects must resolve ties by applicable federal standards; 3) correct grammatical error in the Protest Procedure section; 3) clarify that. the price quote requirement for purchases made under a cooperative purchasing agreement or piggy contract is not required unless :the Purchasing -Director or County Administrator direct the: Requesting Department to obtain quotes 4) allow.the County Administrator or Asst. -County Administrator to approve advertisement seeking competitive solicitation, when: needed due to an emergency and when the project cannof be delayed by seeking routine approval from the BOCC (Attachment A. is also being revised to reflect ahis change); 5) make -revisions to Chapter l4= Federal Funding Requirements, Form E1 Procurement Form (For all purchases of V,500.00 or more) and Form:E4- Hurricane Request to: Purchase to provide clarification and; add additional inforination for ease of use: for County staff. (See:also attached document with an f nt- her.detailed explanation of:the revisions and revisions noted with strife text for deleted language and Underline text for added.Ianguage. ) PREVIOUS RELEVANT BOCC ACTION:. The current version of the Purchasing Policy was :approved by the BOCC at its February 21, 2018.BOCC meeting (Attached for Reference). CONTRACT/AGREEMENT . CHANGES: N/A . Packet Pg IO2 �' Effective Date: Retroactive to 3/26/18 (last date of local :publications) Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County::: Current Year Portion: Budgeted: Source of Funds: CPl Indirect: Costs: -. Estimated OngoingCosts. Not Included in: above dollar amounts - Revenue Producing: N/A If yes, amount: Grant: County Match: Insurance. Required: Additional Details: N/A REVIEWED BY: Tina Boar ...: Completed 04/03/2018 2:17 PM Christine Liriibert Skipped . .... 04/0.312018 12:24 PM .Maria Slavik Skipped 04/03/201.8 12:24 PM Kathy Peters Completed 04/03/2018 6:14 PM Board of County Commissioners Pending : `.64/19/2018.9:00 AM PacketFPg; _103 -'� C.6.a Revise Section Al., .4. Notice Inviting Competitive Solicitations, 1. Specifications; Chapter 12 Surplus Section 3. (1)(d) Notice; and ,1morandum- Attachment A and Sample Notice of Request for Competitive Solicitations- Attachment B(also added statewide repository website for legal notices) to reflect the change in local newspaper publications. CHAPTER 3. COMPETITIVE SOLICITATION PROCESS Any purchase or contract estimated to cost $50,000.00 or greater shall be awarded by competitive solicitation, unless the purchase or contract is for goods and services as set forth in Monroe County Code Section 2-347(e)(2), (e)(3) and (e)(5) and is otherwise authorized by the BOCC and in compliance with the requirements of this Policy. For step-by-step procedures concerning the Competitive Solicitation Process, please refer to Monroe County Administrative Instruction # 4802, Competitive Solicitation Process. A. Notice Inviting Competitive Solicitations 1. Specifications: The Requesting Department must prepare competitive solicitation specifications, along with a Memorandum of Request for Competitive Solicitations (see Attachment A. or Administrative Instruction #4802, Competitive Solicitation Process), and deliver simultaneously to the County Attorney's office to obtain prior legal review/approval prior to submission to the Purchasing Office. Competitive Solicitation specifications should be written broadly enough to encourage a broad range of responses. Competitive solicitation specifications should not be written to steer prospective responders toward the competitive solicitation or "rig" the competitive solicitation for any one particular vendor. It is the responsibility of the Requesting Department to obtain the approved competitive solicitation from the reviewing attorney (either physically or electronically).2. Advertisement: Following legal approval by the reviewing attorney, the County Attorney's Office will obtain an assigned opening date from Purchasing. The County Attorney's Office will prepare and transmit the Notice inviting competitive solicitation for publication one time in the Key West Citizen, as the local newspaper qualifying under Florida Statutes Chapter 50.031�nd. per- R�G diFect one time in the Middle and Uppef: Keys area newspaper-s (Keyneter and RepoFter-). The Notice of competitive solicitation shall also be posted to the County's website. Sample Notice of Request for Competitive Solicitation is attached as Attachment B., or see Administrative Instruction #4802, Competitive Solicitation Process. Following transmittal of the Notice to the newspapers by the County Attorney's Office requesting publication, the County Attorney's Office will return the executed original Memorandum to the Requesting Department. It is the responsibility of the Requesting Department to send: 1) the executed original Memorandum of Request for Competitive Solicitations 2) a CD containing a copy of the final approved competitive solicitation (in .pdf format) and the Notice (as it will publish and in Word format), and 3) one (1) paper copy of the approved competitive solicitation and the Notice, to the Purchasing Office in Packet Pg. 104 C.6.a time for the competitive solicitation to be uploaded to Demandstar prior to first publication of the Notice in the newspapers. The notice shall also be publicly posted by the Purchasing Office in a consistent public location at least twenty-one (21) days preceding the last day established for the receipt of competitive solicitations. The Purchasing Office will be responsible for ensuring all competitive solicitation documents are sent to Onvia by DemandStar for distribution. CHAPTER 12. SURPLUS ITEMS (d) Notice: At the request of the Property Inventory Clerk or using agency the County Attorney's Office prepares a Notice of Request for Competitive Solicitation (see Attachment B,. using the surplus property inventory data provided by the Property Inventory Clerk or using agency. The County Attorney's Office transmits the notice requesting publication one time in the Key West Citizen (as the local newspaper qualifying under Florida Statutes Chapter 50.031) , the Middle and Upper- Keys area newspapers (Keynoter- and The Notice shall also be posted to the County's website. The Purchasing Director places the item(s) on DemandStar. • Revise Section C. Tie Responses, to clarify that federally funded projects, must resolve ties by applicable federal standards for resolving tie breakers and as set forth ill the competitive solicitation. C. Tie Responses Except where prohibited by federally funded contracts. fin the event the same competitive solicitation amounts are received from two or more responders who are considered by the BOCC to be equally qualified and responsive or when two or more responders are equal in rank and score, and only one of the responders has a principal place of business in Monroe County, FL, the award shall be to the responder who has a principal place of business located in Monroe County, FL;-exeept Otherwise, the tie will be resolved by draw from an opaque container. • Revise Section G. Protest Procedure, to correct grammatical error. G. Protest Procedure Any Bidder/Respondent/Proposer who claims to be adversely eaffected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined that it is in the best interest of the County to do so. A formal written protest may be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the Board of County Commissioners at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her Packet Pg. 105 C.6.a name and residence prior to the ag�nda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The Board of County Commissioners decision to award the contract is final and at their sole discretion. Revise the following section, A. Sole Source and C. Cooperative Purchasing and E. Piggybacking, to clarify that when competitively bid pricing, i.e. cooperative purchasing or piggyback contracts, are being utilized, the Requesting Department is not required to obtain price quotes and such pricing can be utilized for purchases of less than formal competitive level of 550,000.00 Revise Section D. Previously Approved Projects to allow for County Administrator or Assistant County Administrator to approve advertisement seeking competitive solicitations when needed due to Emergency which cannot be delayed by seeking routine approval to advertise by the BOCC. Also revised Memorandum-Attacliment A to reflect change A. Sole Source Purchase of commodities and services from a single source may be exempted from formal competition or price quote requirements under the following conditions: C. Cooperative Purchasing State and Federal Contracts. Purchases equal to $50,000.00 or more from vendors holding current "State" and Government Services Administration herein after ("GSA") contracts are exempted from the competitive bidding process. However, before any purchase is made through an existing contract, the Requesting Department, if directed by the Purchasing Director or County Administrator, must first contact other South Florida vendors in order to determine if the goods or services sought are available at a lower price than the price(s) of the existing contract. If the goods or services are available from another vendor at a price lower than the price of the existing contract, then the contract for the goods or services must be awarded to that vendor. The purchase of the goods or services sought may be made through the existing contract if none of the other vendors contacted by the Requesting Department offered the goods or services at a price lower than the price of the existing contract. The Purchasing Director will review and verify the Requesting Department's information or documentation. If the purchase is below the competitive bidding tlu-eshold of $50,000.00, price quotes are not required by the Requesting Department unless directed by the Purchasing Director or County Administrator. 2. Other Public Procurement Units. Requesting Departments are authorized to purchase goods and services from cooperative purchasing ventures run by other units of governments when the best interests of the County are served. All purchases made through this section shall be from contracts awarded through full and open competition, equivalent with the methods set forth in this policy, and shall be exempt from further competitive procurement process set forth in this policy. The Purchasing Department is Packet Pg:106 _ C.6.a also authoriz;d to enter into joint ventures with other local governments in order to create purchasing cooperatives and promote efficient purchases. D. 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 Request for Bids (RFB's), Request for Proposals (RFP's) or replies.. (BOCC action 5-26-93, Page 93/254 #1). When repairs are needed due to an emergency event (such as a hurricane), and obtaining BOCC approval will delay procuring the goods or services needed for the necessary repairs, the County Administrator or Assistance County Administrator can authorize the advertisement of the competitive solicitation until the BOCC can approve the project or concept at the next practicable BOCC meeting. E. Piggybacking The County has the option to "piggyback" on another governmental entities' or not for profit association's competitively awarded bid to take advantage of the pricing received: 1. The Requesting Department -must first verify specifications and award information and receive permission from both the entity and the vendor to piggyback. 2 Piggyback purchases equal to $50,000.00 or more are not subject to the competitive solicitation process. However, before any purchase is made through an existing contract, the Requesting Department, if directed by the Purchasing Director or County Administrator, must first contact other South Florida vendors in order to determine if the goods or services sought are available at a lower price than the price(s) of the existing contract. If the goods or services are available from another vendor at a price lower than the price of the existing contract, then the contract for the goods or services must be awarded to that vendor. The purchase of the goods or services sought may be made through the existing contract if none of the other vendors contacted by the Requesting Department offered the goods or services at a price lower than the price of the existing contract. The Purchasing Manager will review and verify the Requesting Department's information or documentation. If the purchase is below the competitive bidding threshold of $50,000.00, price quotes are not required by the Requesting Department unless directed by the Purchasing Director or County Administrator. • Revise Chapter 14-Federal Funding Requirements as noted below to clarify that Requesting Department must complete either an El or E2 form depending upon the purchase level. Both forms are not required Also revise Form El- Procurement form (For all purchases of $3,500.00 or more) to clarify that form is required for purchases of $3,500.00 or more and delete boxes for Micro purchase; Competitive Proposal and Sealed Bid.VCompetitive Solicitations as form E2 is utilized for purchases of $50,000.00 or more and Micro purchases do not require documentation. Revise Form E4- Hurricane Request to Purchase to add box for "insurance claim" for type of purchase; change language from "Where are the item0naterials are being used?" to "Where are the items/n:aterials/goods/.services being used?" and add "OMB" to Purchasing Approval line; add "Fund" to Cost Packet Pg. 107 C.6.a Center; add "Project" and Hurricane Tracking Number to form 2. Procurement Documentation: The County must maintain all procurement records sufficient to detail the history, including all competitive bidding documents and all other documentation relating to the evaluation of the competitive bidding proposals and responses; justification of the award; and approval of the contract price and type. The Requesting Department must complete either the E.1. or E.2 Procurement Form(s) (Attachment E.1 (For purchases belon, $50, 000.00 & Attachment E.2 (For purchases through competitive solicitation, i.e. purchases of $50.000.00 and above), and submit with the RTP (if Hurricane related, use Hurricane FRTP Form Attachment E.4 and also include Hurricane Audit Slip Attachment E.5.). These documents must be maintained in accordance with Chapter 119, Public Records Law and the Florida Department of State, Division of Library and Information Services, General Records Schedules GS 1-SL for State and Local Government Agencies. While 2 C.F.R. 180.220(b) list covered transactions as contracts equal or above $25,000.00; for auditing services; or where prior federal agency approval is given, since the Florida Division of Emergency Management (FDEM) Agreement that provides disaster reimbursement requires this form in all contracts regardless of the amount and since we are already conducting a check on all vendors, this is best practice and will be required on all transactions. 5. Contracts may be awarded to responsible vendor/contractors: The County must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, including County laws and policies, record of past performance, and financial and technical resources. The Requesting Department must complete the Debarred, Suspended, or Ineligible Entity Checklist (Attachment E.3) (2 C.F.R.200.318(h)) , may be 180.220" From: CO Date: v Subject: Request for Competitive: Solicitations u After obtaining Iewl approval, I have attached one (1) copy of'.the competitive solicitation approved by legal and the.Notice of Request for Competitive Solicitations, as it will -publish, along with one (1) CD containing a copy of the approved competitive solicitation (in' .pdf format) and a. L COPY pf the.notice, as it will publish; (in Word format) for: - a a m N (Name as appears on the cover page.of the Competitive Solicitation) to CD 1. BC CC Approval Dater .-or' v Asst. County Administrator or County Administrator Approval Date:, (if: A u emergency Asst. County Administrator. or County Administrator must approve as per Chapter a. 7 D. Previously Approved Projects) �a Department Director.App.roval: Date: � a 0 1:2. Date Received for Legal Review/Approval:: .. . Le al Approval Date: Reviewing Attorney Opening Date Assigned by Purchasing: Date.assigned: c.� D e Notice Transmitted to Papers: by Legal/Memo Returned to Department: d s U d:. d a equire vendors submit 2 signed originals and one copy of their bi s (minimum requ re ) or a specified below:. 3. Contact person/phone #for. questions regarding specifications: 54. Advertising expenses are to be charged against account: 6§. f otice-to.run:_ 21 30 45 W.(circle one) or. days prior to bid opening. Packet Pg 109 ^' C:6 a ..: 76. fo. add "supplemental suppliers":please provide company -name and email address ( ttach list if more than"one or more:room needed). 7. I addition to the local newspaper$, please place notice in the following advertising. n:V. .wspapers. Must have Department Director approval for'additional advertising: Enclosures:: One (1) copy of approved competitivesolicitation; notice and one (1) CD a a� c 'w �a t .... a v m o Co CD 0 a rn c �a s a O N d C 10 t V r C G1 E t V M a - . ATTACHMENT B. (Sample Form) :NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on May 10, 2:0:18, at 3:00 P.M. -,the Monroe County . 00 Purchasing Office will :receive and open sealed responses for the following: KEY LARGO H ROADWAY AND DRAINAGE a IMPROVEMENT PROJECT MONROE : COUNTY FLORIDA ..... . n-°. Pursuant to F.S. 50:0211(3)(a), all published competitive solicitation notices can .be viewed of ' www.floridapublicnotices.com. a searchable statewide repository for all published legal notices. Requirements for submission and the selection criteria -may: be requested from a DemandStar by Onvia at mWWAemandstar.com .OR www.monr6ecountybids.com or call.. . toll=free at 1-800-7114712. The Public Record is available at the Monroe County 0 Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 2-213,-Key . West, Florida. All Responses must be sealed and must be submitted to. the Monroe County 00 Purchasing Office. Publication dates: u �o IL rn Meter-' (Sa) U/ionoli c 'w Citizen .. Mon., 03/26/18 &:04/02/18 (please note that as per F.S. 336.44 publication at'least..once each week for 2 consecutive L Weeks is required for: road projects. Consult with the reviewing county attorney for specific a' advertising requirements.) d c. m End of Section i Packet Reguirement(good/services to be procured): . If brand name or equal salient chardeteristics are: v .... . .. .... . .. .... . .. .... . .. .... ..L O w- C,1 O a c Market Research:' R s Research Method: a ❑Internet.( d ❑Prior procurement files Personal Knowledge of Local Trade Area (: ) ❑ Other ( )co Potential Sources: a 0 a c Estimated Purchase Price: $... o . Additional Considerations: Considered Notes: ...::: a' Federal.Surplus Property-. 0 °. N Aggregates -or Break Up C . Purchase -� c.� Lease vs. Purchase ❑ � d E t c, Planned/Exyected Contract Type: .Y`6.. a ❑Fixed Price (including'fixed price per unit) El Cost Reimbursement plus fixed/fee/profit ❑Other: .... ..: Notes: cost plus.percentage=of cost is prohibited • -time and material has restrictions (See §200.318 6)(1). Updated 4/.19/18 Packet Pg a 112 ; Monroe County Purchasing Policy and Procedures ATTACHMENT E.1 Monroe County Procurement Form (For all Purchasing O*er-$3,500:00 or.more Procurement Method: ❑ Sole Source O�e$3,500.00or more r ❑Small Purchase Procedure ($3,500.00 Up to. Noncompetitive -proposals Justification (refer. to $49,999.99) E]Written Solicitation of Price Chapter 14/2 CFR 200.320(f): d .Quotes (Please include).. >1 ❑ Oral Solicitation of Price Quotes (attach = a documentation. noting oral price quotes) Vendor contact information/Price quoted ea L a . a m w m 00.00=or-. mere) co rn Notification/Publication Plan:: N1,4 ifMicro-Purchase; Must be formally publicized if "estimated Pui-chase Price:" is in excess bf $50, 000— p, c w cc L v .... . .: .... ... ...- .'.: a Signature. Signature ' Printed Name Printed Name N c cc L Title/Department Title/ OMB Department : r d L C1 r.. w. . Updated 4/19/18 Packet Pg113 . q .. Hurricane Request for Purchase ATTACHMENT E Date of.R.equest: Requester Narhe: Requester. Signature: Additional Approval: :..Requester Phone- : Requester Email: Requesting Department: Vendor Name/Vendor Number: Request:: Reason for Request --how was this. caused by the hurricane? Type of purchase: Replenish Stock New.ltems/Materials Insurance Claim Replacement due_ to. damage ....Repair work p g Where are.the items/materials/goods/services-being used? What is the location of the repair or replacement. work? If repair or replacement, is this temporary or,permanent? Temporary Permanent Priority: Low Routine Urgent G r rn et 0 a 0 •o n: rn _ tMh t L a d 0) rn v A v Order Details: o a a� c Qty Item Description Cost per Unit Total Expense,: ....... ....... .... .. t .. .... ... .... L . _. a 0 y d as e0 V _ d E s ...... ....... .... ..: 0 �0 Total Cost: Q Please:attach the required three quotes on purchases $3,500 or greater. OMB Purchasing Approval: Fund Cost.Center Account Proiect Project Account Hurricane Trackinia Number: Packet Pg 114 - , O IL am c cNa onroe ,Count a Purchasing Policy co (As Revised -02121118) N N O d Q. U _. J O IL C7 - z : Q v - a c d E U .... - .. R Table of Contents CHAPTER 1 - INTRODUCTION :..::::.:.::................. CHAPTER 2 -.AUTHORITY & DUTIES .................:. ........... A. Board of County Commissioners ............... ....... ................. ....... ................. ....... :5 B: County Administrator:.:..............::..:::.::.::....................:::........... .. ::.::.: .... .....::.....:.....:5 cn . C: Office of Management and- Budget......................::..::................................. .................:.................:6 D. Requesting Department ...................... .................. ...... .................. ...... ..................7 u E: Delegation of Authority ............................... ...... .................... ...... .................. ...... ..8 .. 0 a) c F. Purchasing Authority ................ ...... .... .................. ...... s G. Signature'Authority for Agreements.:.:... :............. .............. ............. ..10 H. LOCaI.Preference .... ::..:::.c:.r.................::....:.::..::....:.......................... ............:11 w . > m I: Non-discrimination ........................ ....: ....................... :... .................. .................................11 w CHAPTER 3 -.COMPETITIVE SOLICITATION PROCESS ........... :.:.:.:..,............. :.:.:11. N N O A: Notice Inviting Competitive :Solicitation .......... ............................................... 12 � B. qp Procedure.for.Competitive Solicitation ...........::... ........... ...... ................15. R a C: Tie Responses:.......... .. :................. ........................... ................... ...... .17 U D. Rejection of Responses.................................................................... .................. ...............17 ... .0 a E. Waiver of Irregularities .............::. ..... .............................................................. .......... .17 .. ...... . Z. F. Award of Contract .................................... ............................,..................................17 U :.G. Protest Procedure::................::..:::.::..'.:................:....::..::..::.. ................. ..17 a.... _.. ._ ..... ... CHAPTER 4 -.PURCHASE OF PROFESSIONAL SERVICES ......�............ :..:...:.....:: 18 Defmition..::.....::..:.:...::..:::::..::. ....:......:.:.. ...... ...::.....:::.:. ..... .............................. .18 Q B. Methods of Acquisition ............ ...... .................: ...... .................. ..... .............:::18. C. Continuing Contracts............................................................ .. ... ............. .. .... .19 ......... ......... . -CHAPTER 5 - DESIGN/BUILD CONTRACTS ............... :.::::........................... :::.............. 20. Page 2 of 91 f 4ketPg1`6 k G6 b A. (Procedure ............... .... . - ..................... ..... ...............�.................................... 20 CHAPTER 6 --CONTRACTS/AGREEMENTS...................... :.............. ............ ............ 22 A. Contract Review... ................. ....................... ................. . .22 B. Requirements. ................................ ................. • . ................ ...... ................22: C. ": CPI: Computation .... :......... :.............................. .......................................... :.......... :.:..........................:.. " ..23 .. .. ao :D. Exceptions.::::..:.::.............................:::...:.::.............................::::.....::. .................. : - .. - " ................24 rn E. Preference to Florida businesses (FS 287.084).::.::.::.::............................:::...:::........................ ::24 . F. Preference to businesses with drug4ree workplace programs (F.S. 287.087) ............................25 0 . a c CHAPTER 7.- EXCLUSIONS .::........................,,.................... ............... : 25 - o A. Sole Source ...... :........................................ :...................................... .................... ...............25 CL B. Emergency Purchases........ .......................... .... ................... .... ............... .. • ....26 .a a C. State Contracts, GSA Contracts or SNAPS ...................... ...............27 W D. Previously Approved:Pro•ects........................:...........:.........................:.........:.:................................. ..27 do. .. N E. Piggybacking ... :.:................................. ................................................................................ ...............27 0 d CHAPTER 8 - BLANKET PURCHASE ORDERS" .................................................... .: 28 CHAPTER 9.- MINORITY -BUSINESS ENTERPRISE (MBE), SMALL BUSINESS &- DISADVANTAGED BUSINESSES........... .............. .............. . " .;: 29 a" CHAPTER 10 -"PURCHASE OF INSURANCE ......:...:::..:...... ...... ................... 29 .. . . z a CHAPTER 11 - RECYCLED "CONTENT PRODUCTS:: ::.::............::.......:::::.:::.:........... 30 : CHAPTER 12 SURPLUS ITEMS ........... ............................................................30 a CHAPTER 13 - PURCHASING CARD POLICY........::.:.:.:................:::........34742-63' CHAPTER 14 - FEDERAL FUNDING REQUIREMENTS.......:"::.:::.. 34 a ATTACHMENTS: Attachment A. Memorandum of Re- nest for:Competitive Solicitation .... .:.::::::.:45 Attachment S. Notice of Request for Competitive Solicitations.:: ..............:.. .:.4.6 Attachment B.1. Approval to Issue Addendum..:•...•:::.:....................................47 Attachment B.2. Inventory Deletion Request.... :.:.:......................... . 48 q _. Page 3 of 91 . Packet Pg ;11 T ; Attachment B.3. Computer Related Equip ent Inventory Deletion Request.:::....49 { Attachment B.4..Fixed Asset TransferForm::::...............::......::. Purchasing Card Policy Procedures .... ........................ ........ 51-72 Attachment C. Attachment D Forms ::::::.:..:...:... ...... . .. ...... . .73-81 Attachment D-1. Monroe. County Purchasing Authorization.Form.......................74 Attachment D-2. Monroe Coun ty Request to Purchase Form ......::..:..:..:..........75 Attachment D-& Monroe County BOCCAudit Slip :.............................. .... ..76 Attachment D-4. Business Card Order Formm............................ :.......................... 77 Attachment D-5. Vendor'File Re uest. Form::.-..:.....:18 qo� Attachment D-6: Contract Summary Form for Contracts Less Than $:50-000.00... 79 � Attachment D-7. Contract'.Renewal Form for:Contracts Less .Than $50,000:00:.::80 c Attachment E-1. Monroe.*County Procurement: Form (purchase:over $3,500.00.... Attachment E-2.-Monroe County Procurement Form'(purchase over $5.0;000.00..... = Attachment E=3.-Entity Checklist....: ..:........................:....................._..;........:.... a AttachmentE-4.Hurricahe Request for Purchase .............. .. ..: Attachment E-5. Hurricane: Audit Slip. ........., o . ... s . ............. Index ................ :.: .: ........72 . . m to N N O -a. d W C. Page 4 of 91 Packet P 118 . C6b 1VI SSION STATEMENT Purchasing Section Monroe County Administrative Services Our mission is to provide quality purchasing and contracting support to all county departments in a timely, .cost effective and professional manner.. As purchasing professionals: • We follow a :strict Code of Ethics,: avoiding the appearance . of and preventing the opportunity for favoritism: • We seek to maximize the purchasing power of the public. funds, while promoting fair and CD open competition. • We strive to create a work environment that demonstrates teamwork, respect, integrity o and:honest communication; 0 a CHAPTER 1. INTRODUCTION The purpose of the.Coimty's Purchasing Policy (Policy) is to secure economy in the construction. of County public works. and in the expenditure of County funds for services,_materials, supplies,: an equipment. The Policy is intended to promote :actual, honest :and effective competition and a protect the taxpayers from. collusive contracts favoritism fraud extravagance, and improvidence. p a pY � � g.. � rovidence. p � N.' The policies and procedures outlined her are governed byFlorida Statutes and Monroe County 'd Ordinances, most of which are codified in the Monroe County :Code (MCC), most recently in effect. o0 t N N O CHAPTER 2. AUTHORITY_ & DUTIES m A. Board of County Commissioners . w R a 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 J O �- Procurement Officer. Z z. 2. No contract. for goods or services maybe awarded without the approval of the BOCC; unless authorized by MCC or.this Policy. le a B. County Administrator _. 1 The County .Administrator is :the Chief Procurement Officer and shall have the authority CD and responsibility to adopt administrative instructions for the procurement of supplies, w services, and construction in accordance with policy adopted by :the: BOCC. The purpose Q: of such administrative instruction shall be to clarify or refine the provisions: of the County code on purchasing and/or the Turchasing Policies and Procedures. Inthe event of any inconsistencies, .the County Code provisions shall prevail over Policies and Procedures, the Policies and Procedures shall prevail over Administrative Instructions. Page 5 of 91 Packet 0g "119 F770 b' . 2. The: County Administrator has contractapproval authority as set forth in �onroe County Code Section 2758. C. Office of Management and Budget There is, a -Purchasing Section within the Department:of Management and Budget. The Director. of Management and Budget shall head the Purchasing Section and.in such capacity be additionally referred to as the Purc asink Director. 0 2. The Purchasing Director, with the approval of the County Administrator, may originate or °_' modify a Monroe County Administrative Instruction that delineates specific procedures for L governing the procurement process as definedby County Ordinance and this Policy. 0 . 31. .. The duties of the Purchasing Section are as follows: (a) : Assures that supplies used byvarious departments will be uniform whenever rn consistent with operational- goals and in the interest of efficiency or:economy. The �. Requesting Department must justify in writing the need for a special. type of item. a (b) :Makes alternative: suggestions to :.the Requesting . Department if . requested y 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 specifications, the County Administrator shall, make ahe final determination. co ... - (c) Seeks purchases through :State, Federal Agencies, Associations or other. N cm governmental agencies if the- Requesting Department _make.sa request for same:and such purchases may be in the best interest of the County. m d Reviews all request for urchases of goods and services. Upon review and receipt () q purchases .. g p p a of a request to purchase from theReuestin Department.: the purchasing section will issue the. purchase order including ahe request for purchase if the purchase :is _v J for.$.1;000.01 or more or is approved by the.BOCC. In the event of:an irregularity. _ :.: -a or .departure from Policy; :the purchase order will be referred to the _Purchasing z Director or County Administrator: (a (e) The Purchasing Section will post procurement opportunities on.DerriandStar. In the x event a department- maintains. a list: of potential bidders/proposers (with email a address) that list should be provided to the purchasing section for upload to DemandStar. d E (f) Checks convicted/suspended vendor list -prior to issuance:of a bid tabulation. 0 w (g) Tabulates the responses 'to RFBs and submit: the tabulation to. the Requesting Department for determination of the low bidder.: When one or more bidders propose an alternative as "an equal" to that specified in the competitive solicitation, whether the.proposed substitution is in fact an equal is.to be determined b. the Re uestiri �.. � q. Y.. q g Department. All other competitive solicitations :responses received will be listed. and submitted- to. the Requesting Department. Page 6 of 91 Packet Pg --120 :' Crt6 b r (h) I Reviews all requests for contracts for goods and services prior to submission to the BOCC for review and execution. (i) Issues purchase orders m response to request to purchase unless the item is below $1,000.01 dollar value or the purchase has been made, through a competitive solicitation which has been approved by the BOCC. A Requesting Department : : 1: Must submit ;'an electronic "Request to Purchase." to: the Purchasing Section for all purchases of goods and services that exceed $1,000. It 0 2. Provides adequate description of needed items so the Purchasing Section can assist -in preparing specifications to procure the desired items and/or services. 0 3. Provides written justification for a special type of item and/or "Sole Source" vendor for y which only the BOCC, County Administrator or Director of Purchasing may approve at ' the appropriate level of purchasing authority. The Purchasing Section must :in all cases evaluate the request for any such commodity; service or source, -a d 4 Ensures that internal controls are. present within the department that include, at minimum; that there are aminimum of two people involved in the initiation of the Request to Purchase through the verification. of -receipt of goods or services with a person other than the one co Who orders the it verifying receipt .by signing the invoice, bill of lading or other similar N document. For goods that are purchased in any individual purchase order for which the c total dollar amount equals .or exceeds $2,500, internal controls should be increased either through additional employees involved in the.process and/or through documentation of the receipt and application of the goods: 5. Secures P.O.'s on all;purchases made during an emergency and must ensure that P.O'. s:are v signed :by the required authority. Provides the E.O.C. with a list of P.O. numbers to be JO utilized in the event that the normal County operations:are closed. a t9 z .. 6. The Requesting Department or the vendor must complete'a "Vendor File Request -Form a) (attached hereto as Attachinent D.5.)" and "W-9' or `.'W-8" for' foreign corporations) if v such documentation is not already maintained in the finance system. The. Requesting: Department is responsible for verifying that new vendor(s) are set up correctly in. the a finance system and must:verify that the -vendor information is correct in the finance c system. -Whenever there is a change of the vendor; name, a new "Vendor File request E form" must be submitted along with the new "W-9" to Finance and a new vendor number must be obtained. In both cases, a copy of the;W-9 and a print screen of the vendor file a from the finance system along with the newly obtained W-9 must also. be submitted by the Requesting- Department to the Purchasing Department. NOTE: Internal Revenue Service regulations require that the vendor name (payee) on the check must exactly match the name shown on,the invoice; contract (if there is a. contract); audit slip; W-9; and Vendor File request form. Page 7of91 Packet Pgy;121 .; '. All Task Orders must be reviewed and approvedjby the County Attorney's office prior to execution. When a contractor or consultant is contracted to perform work. pursuant to a Task Order, the Task Order shall be considered an independent contract in relation to, but. separate from, anexisting, principal contract when determining the. total cumulative value of.$50,000.00. Any Task Order that is less than $50,000.00 may be approved according :to the Purchasing Authority provided in 21.1. Any Task Order for individual construction or consultant services that is $50,000.00 or more must go to the Board of County Coininissioners as.a Board agenda item for the. Board's approval.. When the cumulative co value of all Task Orders relating to any individual principal contract is $50,000.00 or more, an agenda item notifying the Board and summarizing the Task Orders and cumulative value must be placed on.the Board's agenda. c a V E.a Delegation ofAuthority ° Subject .to the limitations of these policies and any additional procedures imposed, the County Administrator or the Purchasing Director may delegate authority when and where.such action is deemed necessary: a .. F. Purchasing Authority. d Purchasing Authority. :is :defined as signature verification of original invoicing for: receipt of the 9 ordered goods or services for payment byPurchase Order, Audit Slip, or other fiscal.documents. 1. In order to ensure proper fiscal control, purchasing authority shall be, limited to the County co Administrator;: Assistant County Administrators, Purchasing Director, and Department: N Directors, unless a designee is approved and authorized by the County Administrator, .. Assistant County Administrators or Purchasing Director. The .County Administrator, a; Assistant County Administrators and Purchasing Director shall have authority to :sign a requests to purchase up to $49,999.99. Department Directors shall sign off on all purchase orders .and shall have authority to sign. purchase orders up. to .$19,999.99 without the Administrator or Assistant.Administrators signatures. t}i J _. O a c� PURCHASING WHAT TO DO? `- ` PURCHASING AUTHORITY iLEVELS :.(WHO•APPROVES/PAYS) 'FOR TOTAL DOLLAR' ,: AMOUNT:.;• $.01 - $1,000.00 Purchase Order: not required Department Director or their designees $1,000.01 - $5,000.00. Requires electronic Request to Purchase. form Department Director or designees to Purchasing. For Purchase of $3,500.00 or more three (3)or more price quotes are:also ... required by the Requesting Department. $5,000.01 -. $101-000.00 Request to Purchase form along with three"(3) Department:Director or designee or more price quotes as documented by . Requesting Departments.. $101000m -_ $19,999.99 Request to -Purchase form along with. three (3) Department Director or more price quotes as documented.by:. Requesting Departments. ,C.'6 U. 2. 9 $20,000.00 - $49,999.99 Requestao:Purchase form along with three (3) County Administrator, Assistant or more price. quotes. Requesting Department CountyAdministrator or Will solicit bids. Purchasing Director $50,000.00 AND OVER Competitive Bid process BOCC BOCC prior approval required. Governed by County ordinance, as supplemented by the Purchasing Policies and Procedures Manual.. If the County Administrator or Purchasing Director determines such to be in the .. County's best interests, the requirements for three or more quotes or.competitive solicitation may be required for purchasing goods or services ;at- a lower level of .procurement requirements than shown in the chart. When the goods or services are procured through Cooperative_ Purchasing Agreements or other competitive solicitation methods, price:quotes are -not required by the. Requesting Department. When obtaining.price. quotes, the Requesting Department must diligently seek to obtain quotes and such efforts should be documented (by noting calls and emails etc.) and provided to the Purchasing Office in the event that 'an adequate number.of response are not received along with the Requesting Department's directors certification that.his/her.department has made all efforts to comply: . with the Policy. If the Requesting Department, after exercising due diligent and good faith effort to obtain: two or more said quotes, does not received an adequate number of responses from contractors or vendors it may either seek to have the. Board waive Policy:in this regard or the Director of the Requesting Department may certify in writing he/she has verified his/her department's diligence and effort to. obtain the required price quotes, and represents to the Purchasing Department that the department is otherwise justified in proceeding with the purchase: A contract may not be split into multiple contracts for services, goods or public improvement for the purposes of:evading the requirements of this section. Where a procurement of services, goods or public improvement are cyclical in nature or have to be procured in phases, the Requesting Department shall,. to :the maximum extent = practicable; contract for the full scope of the service, good or public improvement based on an estimate of the full scope of service, good or public improvement anticipated to. be required at the time. of. bidding. For purposes of this section when consecutive multiple contracts for services, goods.or public improvement 'are issued because the frill scope of the service, good or public improvement 'are unknown or cannot.be .determined or is a function of:the funding source (e: g. grant funding is only available for a portion and further grant funding is unknown) or as:a result of other agency requirements (e.g. sewer connection notices), such contracts shall not be: considered as split and each contract shall stand .alone. for purposes of purchasing level classification. The following purchase thresholds shall be; applied to all purchases based on the . cumulative value of the purchase. regardless of whether the purchase is a .one4ime, one event, purchase or a recurring, .multiple event purchase which may exceed: a 12 month period. The actual amount of the invoice, bill of lading or similar document shall not exceed the purchase order .amount by more than 20%. Page 9 of 91 . Packet Pg123 ; 1 G. Signature Authority for Agreements Signature Authority is defined.as authority to execute agreements/contracts or leases where the cumulative . total value per fiscal year is less than $50,000.00. The :Board hereby approves, authorizes, and delegates to the County :Administrator .(or his designee) threshold approval signature authority to execute. contracts/ agreements or leases as set forth .herein. Only the BOCC has the authority to approve :and enter into multi -year agreements and to. obligate funds based on budget appropriation:approval, exceptthe County Administrator has the authority to execute multi -.year agreements only when the total cumulative contract amount. is. less than $50,00.0-0.0. If L the County Administrator authorizes a person to act as a designee, such person shall comply.with 0 Section 112.3145, Florida Statutes and the financial disclosure equirements set forth :therein. o a The County Administrator (or his designee) is. responsible for assuring the following:An c understanding of. what is being approved;, the information .and supporting documentation is s accurate and complete; the transaction is allowable, reasonable and justified; the transaction is 2 charged to the correct project(s) there are adequate. funds to cover the expense; and the funding :a source is appropriate for the expenditure. The Requesting Department shall provide a completed y Contract Summary Form for contracts less than $50, 000.00 (See Attachment D.6.) to. the County > Administrator along with. the contract/agreement or lease to be considered for execution by theco County Administrator. N All contracts/agreements or leases will be. in a form approved by the County .Attorney's Office ....... N a prior to execution. The County Attorney may require approval or ratification of an agreement by the BOCC. a a All executed. agreements/contracts.or leases must be furnished to the Clerk for record keeping and v retention purposes. p o. Contract amendments/contract extensions:. Contract amendments. which provide , for the z alteration of specifications, : extensions of delivery .dates and performance time or similar a provisions of a contract without char ing the scope of the project, maybe approved by the County q Administrator (or his. designee) if the value of the amendment is less than $50,000:00: M IL Contract Extensions: The County Administrator (or his, designee) shall have..the authority to . execute extension(s) that do not exceed six months (cumulatively) of previously approved E contracts. If the extension is for more than six (6) months then the extension must be approved by w the BOCC. Contract Renewal`. The County Administrator. (or his designee) shall have the authority to execute renewals of contracts for commodities and/or services subject to the following conditions: :Page 10 of 91: Packet Pg ;124, ; Ax L. The contractor has performed in a satisfactory manner and that 0 contract manager has received a request to renew from the contractor and that the contract manager has verified satisfactory performance. 2. , The BOCC approved agreement provided for renewal subject to the terms and conditions set forth in the .initial contract. Cost and term modifications must be addressed in the original .solicitation document and/or resulting contract. . 3. The renewal is done for a set period of time identified in the solicitation and/or contract, commencing at the end of the initial term of the contract. The Contract Manager of the Requesting Department shall provide a completed Contract Renewal Form for contracts less than $50, 000.00. (See Attachment D.7) in addition to the County Summary Form for contracts less than $50, 000.00 to the County Administrator along with the renewal agreement to be considered for execution by the County Administrator. Renewals that fail to meet one or more of the conditions set forth herein will require. the approval of the BOCC. Consent to Assignments; Interlocal Agreements iILA) or. Memorandum .of Understandings (MOU): The BOCC shall approve all assignments of contract(s), and ILAs or MOUs with a Public. Agency as defined in F.S. 163.01, H. Local Preference It is the policy of Monroe County to provide a local preference in competitive bidding and in obtaining price quotes required by this Policy: The intent and justification for.providing a. local preference is set forth in Section 2-349 of the Monroe County Code. A local business, as. defined in. Section 2-349, maybe given a preference:of five percent (5%0) in obtaining price quotes when pricing is the major consideration and when price quotes are required by this Policy. L Non-discrimination It.is the policy of Monroe County to provide equal opportunity ao allqualified persons in gaining entry to do business :with the County. To .help achieve an: optimum level of competitiveness, Monroe County does not discriminate on the basis of race, color, sex, national origin, religion..a' ge or disability in its purchase of goods and services. CHAPTER 3. COMPETITIVE SOLICITATION: PROCESS Ariy.purchase or. contract estimated to cost $50,000.00 orgreatershall be awarded by competitive solicitation;: unless the purchase or contract is for goods and services as set forth in Monroe County Code Section 2-347(e)(2); (e)(3) and (e)(5) and is otherwise authorized, by the BOCC and in compliance with the :requirements of this Policy. For step-by-step procedures concerning the Page 11 of 91 a Packet Pg;';125' Competitive Solicitation Process, please refer to Monroe C�unty Administrative Instruction # 4802, Competitive Solicitation Process. A. Notice Inviting Competitive Solicitations 1. Specifications: The Requesting. Department must.: prepare competitive solicitation specifications, along with a Memorandum of Request for Competitive Solicitations (see Attachment A. or Administrative Instruction #4802, Competitive Solicitation Process), and deliver simultaneously to the County Attoiney's office to: obtain prior legal co review/approval prior to submission to the Purchasing Office. Competitive Solicitation TV specifications should be written broadly enough to encourage.a broad range of responses. a Competitive solicitation specifications should not be written to steer prospective responders .toward the competitive solicitation or "rig" -the competitive solicitation for any one particular: vendor. It is the responsibility of the Requesting Department to obtain the ° a approved competitive solicitation from the reviewin attorne either physically or g y (� p Y y c electronically). ° s 2. Advertisement:.: Following legal approval by the::reviewing attorney, -the County 5 Attorney's Office will obtain an assigned opening date from Purchasing. The County -a Attoiney's Office will prepare and transmit theNotice inviting competitive solicitation for publication one time in the Key West Citizen, as the local newspaper qualifying under. Florida Statutes Chapter 50.031, and, per.BOCC direction, one: time in the Middle:and Upper Keys area newspapers (Keynoter: and Reporter).: The Notice of competitive solicitation shall also be posted to the County's website. Sample Notice ,of Request for N Competitive Solicitation is attached as Attachment B., or see Administrative. Instruction N #4802,. Competitive Solicitation Process. a Following transmittal of the Notice to the newspapers by the County Attorney's Office requesting publication, the County Attorney's Office will return the executed original Memorandum to the Requesting Department. It is the responsibility of the Requesting Zi Department to send`: 1) the :executed origmal Memorandum of Request for Competitive a Solicitations. 2) a CD containing a.copy of the finalapproved competitive solicitation (in 0 df format and the Notice as it will ublish and in Word format and 3 one 1 a er p ) ( p )� ) OpP a—i . copy of the approved competitive solicitation and.the Notice, to the Purchasing Office in = time for the competitive solicitation to be uploaded to Demandstar prior to first publication of the Notice in newspapers. The notice shall also be publicly posted by the Purchasing Office in a consistent public E location at least twenty-one (21) days preceding the last day established for the receipt of. competitive solicitations. The Purchasing Office will be responsible for ensuring .all Z competitive solicitation documents are.sent to Onvia by DeinandStar for distribution. Q The competitive: solicitation notices -shall comply with. any applicable statutes and the following shall also apply: a) The competitive solicitations for services, goods or public Works that are, projected to cost $100,0.0.0..00 or less must be publicly advertised in a Page 12 of 91 Packet Pg. 426 newspaper of general circulation in the county, on 'a date that is no later than 21 days (excluding the publication date) before. the date established for the competitive solicitation opening and that is no later than five days before any.pre-bid conference or pre -proposal conference. b) The competitive solicitations for services; goods or public works, that are Projected to cost more than $100,000 but less than $500,000 must be publicly advertised in a newspaper of general circulation in the county, on a o. date that is ntess than 30. days. (excluding the publication date) before � the date established for the competitive solicitation opening and that is no laterthan five (5) days before_any pre -bid or pre -proposal conference:. c c) . The competitive solicitations for services, goods or public works that are w. 2 projected to cost $500,000.00 or more .must be publicly advertised in a a. newspaper of general circulation in the County, on a date that is no. later Q, than 45 days (excluding the publication date) before the date established y for the for the competitive solicitation opening. .c In- addition, Notice shall -also be publicly posted.by the Purchasing. Office in a' a consistent public location for the same time periods shown above. d 3. Scope of Notice: The public notice required herein shall include a general description of the, articles to be purchased or sold, shalt state where conipetitive,solicitation instructions and specifications may be secured, and the time and place for opening competitive 00 solicitations. Sample Notice of Request for Competitive Solicitation is attached as. N Attachment B or see Administrative Instruction #4802, Competitive Solicitation Process. e4 4. All.competitive solicitations received must remain valid for a minimum period of ninety 0 a (90) days from the competitive solicitation opening. a 5. Bid Security Deposit: } Construction Proiects. v J Each bid to a competitive solicitation for a construction project estimated to be $200,000.00 0 d or more. must .be accompanied by a: _good faith bid :security in an amount equal to five 0 . percent (5%) of the bid price, by way of a bid .bond from a surefy insurer authorized to do z business in Florida as a surety or any method permitted in Section 255.051, Florida .Statutes = and as amended, pursuant to Monroe County Code Section 2-347(i). If the security is in v o: the. form of a check or draft,. it shall be made payable to Monroe County BOCC. The. County a Administrator or his designee shall have discretion to require a good faith bid security for constructionprojects estimated to. be less than-$200,000.00. A construction project may not be divided into subparts to avoid the requirement of the bid security. Water. System or Sewer Improvements. cc w w Each bid to a competitive solicitation for construction of water system. improvements or sewer improvements shall comply with sections 153.10(3) and (4), Florida Statutes and . as aiiiended. Bid Security Forfeiture and Return. Page 13 of 91 Packet Pg.127 Bid securities may remain in Ithe custody of the County OMB for tip to 90 days from the bid opening. date or until forfeited or released. The bid .security of the successful bidder shall be returned to the bidder after .(a) the bidder executes the contract (b) delivers a good and sufficient performance bond; payment bond and required proof of insurance as may be required in, the :contract documents and (c) commences performance of the contract. If after the BOCC accepts. the bid to :a competitive solicitation the successful bidder refuses or is unable to execute the contract, to provide the required contract bonds or proof of insurance, or -commence performance, then the bid:security will be forfeited to, and become the property of, the county as liquated damages for the county's loss of CO bargain. r The bid security of unsuccessful bidders ri .ay be returned to the bidder when the award.of L bid is made and the successful bidder executes the contract, or if all bids have been rejected: Bid securities in the County's possession for more than 90 days from the bid Q. opening date shall be returned to unsuccessful bidders in accordance with Monroe County Code Section 2=347(i). v 2 Bidders may withdraw their bid and request, in writing, an .earlier return of their bid a' security under the conditions set forth in Monroe County -Code Section 2-347(i)(1); N however; this::aetion removes the bidder from furtherconsideration should the lower > bidders decline the award or withdraw their bids. ..r 6. Addenda: An addendum to a specification shall be defined as an addition or change in the r already: prepared specifications for_ which an invitation has been mailed for formal N quotations or an announcement has been posted for competitive solicitation. d a) All Addenda. must be approved by, both legal: and. the Requesting. a Department prior : to submission to:: the Purchasing for posting on Demandstar. An Approval to Issue Addendum Form (See Attachment B.I., v must be originally executed by the reviewing attorney and the Department Director of the Requesting Department. The executed Approval to Issue a Addendum Form. must be attached to the Addenda upon. receipt b P p y Purchasing for execution. by the Purchasing Director or designee.": The z V5 executed original Approval to Issue Addendum Form: must be retained with = the related competitive solicitation in Purchasing. The addendum shall clearly.point out any -addition or change to the specifications. =a Addenda must be posted and available for viewing. on Demandstar no later than five (5) business days prior to the advertised opening (not counting the s day of .the opening) and/or in compliance with any other applicable _ requirements unique to each competitive solicitation.. Q b) The Purchasing Office shall be responsible for notifying all 'prospective_ responders who have received. specifications of any issued addenda in writing 'five (5) calendar days prior to the competitive solicitation opening date (also see Administrative Instruction #4802, Competitive :Solicitation Process). Specifications and addenda in the possession of the: Purchasing Page 14 of 91 Packet Pg128' O�fice are controlling. c) Each responder shall examine all: competitive solicitation :documents and shall judge all matters relating to the adequacy and accuracy of -such documents.. Any inquiries, suggestions, or requests concerning interpretation; clarification, or additional information pertaining to the competitive solicitation shall be made :to the Requesting Department. The - issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can. be. given. If any co addenda are issued, Monroe County will attempt to notify. all prospective responders who have secured the same. c w 0V a c B. Procedure for Competitive Solicitation N L 1. All :public notices calling for competitive. solicitations bids, proposals, or replies will a include a notification of the date, time and place that the responses will be accepted, and N opened. Any and all responses received after the time and date of acceptance will not be considered and will be (if so requested) returned at the Responder's expense) unopened to the sender. c° 2. All sealed responses shall be opened at the Purchasing. Office unless_ another location for: N o doing so was designated in the applicable Public Notice. The Purchasing Office ,hall receive and retain all original and published competitive solicitations, notices, addenda and related competitive solicitation documentation pursuant to the Florida Department of State ° General Records Schedule GS 1.-SL for State and Local Government Agencies, applicable local and statutory regulations and any other regulations that may apply. All competitive c� solicitations shall remain valid for a minimum period of 90 days.. _ p a 3: All Respondents submitting responses for construction; improvement, remodeling or repair z of public buildings, will furnish evidence that they hold the required and/or appropriate a current certificate or registration per Ch. 489.13.1 F.S. unless exempt under Ch. 489.103 x v F.S. IL 4. All openings shall be open to the public and :the Purchasing Office shall certify and keep a c record of said openings. All competitive solicitations. shall be stamped with the date and E time of receipt by the Purchasing Office and remain under lock. 5. A comprehensive review of the responses will be conducted by the Requesting Department. w a The Purchasing Office will prepare a tabulation of the competitive solicitation opening and certify whether or not any of the respondents that- have submitted a response appears on the State of Florida Convicted or Suspended Vendor list. The Purchasing Office :shall maintain anoriginal set for the Purchasing Office file and the Requesting Department will receive the remaining documents. :Page 15 of 91 Packet Pgi 129 -. 6. The'Requesting Department shall review the information l submitted pursuant to MCC Section 2-347(h) in determining a responsible responder. The Department Director/Requesting Department may consult with the County Attorney or other departments to assist with the evaluation or investigation of this information. a) The Requesting Department may use a selection committee appointed by the Department Director to review, analyze; evaluate and rank/rate the applicable solicitation responses received and report their findings to the BOCC :for consideration and approval.. In the event a selection committee. is to be used; the. solicitation shall so specify.. Selection committees shall be comprised: of no less than three (3), and no more than seven. (7). members. Each selection committee shall have at least one member who is employed by -the Requesting Department and at least one member who is not . employed by the. Requesting Department. Depending on the extent of technical information that may- be contained in any solicitation,- the Department Director may appoint several members from .his- department, but. no more than 2/3 of the members may be from the same. department. There .shall be no consultants contracted by the .County and no County Commissioners, on a selection committee. Generally, no County Attorney shall be a voting member :o f a selection committee unless the .County Attorney's office is the Requesting Department. If the issue(s) .involve any other. .government agency, the Department Director may appoint someonefrom an affected agency to be on the committee. 7. A BOCC meeting agenda item shall be prepared by the Requesting Department and attached to the' recommended bid. A hard copy and electronic file of the agenda item summary sheet should be forwarded to .the . Purchasing. Office ao be retained in. the competitive. solicitation file. 8. Upon approval by the.County Administrator, :the response(s) will..be submitted for BOCC consideration on a f iture regular meeting agenda. (within sixty (60) calendar days of selection) for:BOCC approval of an award. A copy of the agenda item seeking approval of an award shall be sent to the Purchasing Office via e-mail. 9: The County Administrator and/or appropriate Department Director will -be responsible for presenting recommendations to the BOCC. 10. Once :the BOCC has made a decision, the Requesting Department Director or the designated contract manager will be responsible: for ensuring the accomplishment of that which was. approved and issuing a P.O. for the full contract purchase amount. 11. Whenthe BOCC directs staff to provide for oral presentations to be made .on -a competitive. solicitation; all:the procedures in R.S. 286.0113, F.S. 119.07(1) and Section:24(a), Art I. of. the State Constitutionshall. control. Page 16 of 91 Packet P`9,130.: C. TieResponses In the event the same competitive solicitation amounts are received from two or more responders who are considered by the BOCC to be equally qualified, and responsive or when. two or more responders. are equal in rank and score, and only .one of the responders has a principal place of business in Monroe County, FL;. the award shall be to theresponder who has..a_ principal place of business located in Monroe County, FL; :except where prohibited by federally funded contracts. Otherwise the tie will be resolved by draw from an opaque container. G D. Rejection of Responses �r 1. The BOCC shall have the authority to reject any and all responses to a competitive solicitation request. - o a. 2. If the lowest, responsible response exceeds the budgeted amount and the BOCC does not c appropriate additional funds, the requesting authority may solicit approval from the. BOCC v, to amend the project specifications and re -advertise the competitive solicitation. a. 3. If ripresponse is received, the BOCC may be requested to authorize the County Administrator to undertake a different level -of competitive selection, including but not N limited to a request for letters of interest, and, upon receipt of any response to get approval from the BOCC to proceed with a second mechanism, which may include. direct negotiations to purchase the item/service. The BOCC would then consider the results .of 6 said negotiations and determine whether acquisition of these goods or services at the N negotiated price would be in the County's best interest, and if so, authorize the requisition. o d 4. Late responses. Any and all responses received after the time.and date of acceptance will not be accepted. CL E. Waiver of Irregularities v . The BOCC shall have the authority to waive any and all irregularities in any and all formal bids, a proposals or other responses to competitive solicitation requests. z F. Award. of Contract The Mayor, when authorized by majority vote of the BOCC, shall execute. formal contracts valued at .$50,000.00 or more. having a binding effect upon the County. Y d G. Protest Procedure E r 0 Any Bidder/Respondent/Proposer who claims to be adversely effected by: the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy-two (72)- hours or three (3) business days, whichever .is less, after the posting of the notice of decision or intended decision on DemandStar. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest theaward of contract, unless it: is determined that it is in the best interest, of the County to do so. A formal. written protest may submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the Board of County Commissioner's Page 17 of 91 1 Packet, meeting date in which the award of contra4 by the Board of County Commissioners will be heard. I The only opportunity to address protest claims is before the Board of County Commissioners at the designated public meeting in which the agenda item awarding the contract .is heard. In accordance, with the Rules of Debate as set forth .in the Monroe County Board of County Commissioners Administrative:Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and, residence prior to the :agenda item to award the contract being called in order to preserve their opportunity to be heard:on this matter. An individual has three (3) minutes to addressthe. Commission .and a.person representing an organization has five. (5) minutes to address the Commission. The Board of County Commissioners decision to award the contract is final and. at their sole discretion. w CHAPTER 4. PURCHASE OF PROFESSIONAL SERVICES o IL 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: 3 IL 1. Appraisal Services - real and personal property appraisers (as per:Chapter 125.355, F S,). y 2.; Architecture; professional engineering, landscape architecture, or registered land surveying services (as per Chapter 287.055, F.S.). 0 3... Audit and Accounting Services - auditors and accountant_ s (excepting the selection of the N annual. auditor which shall be conducted as per Chapter 11.45, F.S.). w �a .4. Consultants , planning, management, technological or scientific advisors: $ 5. Financial Services - bond counsel,. rating and underwriting, financial advisor, :and investment: services. J 6 Legal Services- attorneys and legal: professionals authorized by the Office'of the County a Attorney, .including expert witnesses, conflict .counsel, .Division of Administrative Hearings (DOAH) cervices, lobbying services; investigative services, interpreter services, Q court reporting services or advertising services and any other services required by the, _ Office of the, County Attorney. 7. Medical Services -:medicine, psychiatry, dental, hospital, and other health professionals." d E u A Methods of Acquisition. Q 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. When purchasing professional services below $50,000.00, obtaining price quotes as set forth in Chapter 2 of this policy is strongly.recommended, but are not required. The Requesting Department should document why price quotes are not provided. The County Administrator mayrequire competitive solicitation in the. form of an RFQ or RFP. . Page 18 of 91 0acket Pg. 732 G6 b Professional: services, subject,to the competitive .solicitation process-, will be typically acquired through one of the following methods: 1. Competitive Selection and Negotiation - per Chapter 287.055, (4).& (5) F.S. Consultants Competitive Negotiations Act ("CCNA'), 2. Request for Qualifications (RFQ):. a) Responding firms are ranked based upon criteria set forth in the RFQ. If presentations are requestedby the County theywill be held in compliance with o� F.S. 296.0113. . ° b) The County will negotiate a contract with the firm selected by the. BOCC as the highest ranked firm/individual. a° c) The negotiated contract will be reviewed and placed before the BOCC for. approval. a� N Requests for outside legal services will. be referred to the County Administrator and the County Attorney for review Arid comment: as to whether said services are necessary and/or appropriate. a Requests for outside legal. services may be exempted from formal competition by the BOCC at the N request of the County Administrator or County Attorney. C. Continuing Contracts 60 Definition: N N O A continuing. contract is defined as a contract for professional services in accordance with all alie ) procedures of: Florida Statute Sec. 287.055 between the County and a firm whereby the :firm $ provides professionalaervices for professional architects, engineers, landscaping, or surveying and mapping services for projects in. which the estimated construction cost of each individual .project under the contract does not exceed the amount of Two Million and 00/100 W,000,000.00) Dollars, v J orfor a study activity if the fee for professional services for each individual study under the. oa contract does not exceed Two Hundred -Thousand and 00/100 ($200,000.00) Dollars, for work of a specified nature as outlined in the contract required by the County, with: the contract being fora z fixed term or with no time limitation except that the contract must provide a termination .clause. .. Firms providing professional services under the continuing. contracts shall not be required to bid against one another. a Competitive Selection of contractors.for.continuing contracts: d E Continuing contracts shall bechosenby the competitive selection -process: During the selection process, a selection committee shall rank the professional service contractors. The Board of County a Commissioners shall :approve the award of each contract fora- general continuing contract. The. number of contractors to be chosen shall be at the discretion of the Board of County Commissioners. Award of individual contracts to contractors: Page 19 of 91 Packet 1. Separate contracts .or task orders for each individual project shall be awarded among the contractors who have been awarded a general continuing contract. 2. Separate:contraets or task orders for each individual project shall be approved by the Board of County Commissioners. when required under. the purchasing policy. 3. The separate contracts or task orders .for. each individual project shall be awarded on .a rotating basis beginning with the: top ranked professional service contractor and continuing to the next. contractor in ranked order: 4. When the County has identified an appropriate project, County staff shall consult with the next ranked contractor in rotation and.shall negotiate. the terms of'a contract for the specific individual project. If the County and. the next ranked contractor in rotation are unable to come to agreement as to: the terms of a contract, the contractor shall be placed back in rotation and the staff shall:. move on to tlie.next ranked contractor in rotation to begin negotiations, and. the process shall. continue until an agreement can be reached. 5... The order of rotation maybe changed by the County Administrator, or the Deputy County _.. Administrator, for the following reasons: a) ::.. If the next ranked contractor is riot available within the time required by the County for an upcoming proj ect, the contract iinay be awarded to the .. .. next contractor_in:rotation who.is available; and b) If a project requires a particular skill set.or expertise:which, in the discretion of the County Administrator or his. designee, is more suitable to a contractor who is not next ranked in the order of :rotation, the County Administrator may award the project regardless of rank order; and c) In case of emergency, the County is not. required to follow the order of rotation in orderr to accomplish the necessities of the situation. For purposes of this policy, emergency shall be defined as in.the Monroe County Code at Section 27347 (k) (1). — d) When .a contractor is. not awarded a contract due to the reasons stated herein, -that contractor shall be given the next project in rotation for which he is available and possesses the requisite expertise. 6. It is the intent of that ,the Board of County Commissioners that the contracts be ranked. and rotated in . order of ranking so that the award of . contracts are distributed among the contractors andno particular contractor shall be given a contract,out of order except. for the .. _ . reasons stated above: 7. The County Administrator shall seek approval and .shall provide an explanation to the. Board of County Commissioners when a contract or task .order is to be awarded out of the ranked order of rotation. CHAPTER 5 - DESIGNBUILD CONTRACTS A. 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 287055, F.S. and the procedures set forth iri this section. 2: For the purpose of this section; the following:defin itions shall apply: Page 20 of 91 `Packet Pg;,114.. 3. C6 b a) A "design/build finis" means a partnership, corporation; or:other legal entity which is: (1) Certified under Chapter 489.119, F.S., to engage. in contracting through a certified of registered building contractor as the qualifying agent:. and- (2) Certified under Chapter 471.023, F.S.,: to, practice or to offer to practice engineering; certified under Chapter 481.219 F.S.; to: practice or to offer to practice architecture; or certified under Chapter 481.319 F.S., to practice or O0 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 F.S. to practice architecture or: landscape architecture or a firm who holds'a current certificate as a registered engineer under Section 471 F.S. to practice engineering and provide professional architect services,. landscape architect services, or engineering: services in connection with the. preparation of the design criteria package. The design criteria package shall be prepared and sealed by a design criteria professional: employed or retained by the BOCC. If the BOCC eleefs 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 F.S. The design criteria services of a firm under continuing contract may_ also be utilized iftheconstruction. costs are estimated not to exceed $2 million.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;; Page 21 of 91 Packet �Pg;, 9 35' Cab b e) Written notification that the de4 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 Chapter:3 ;Competitive: Solicitation Process: 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. v 6. The BOCC.may.declare a public emergency; where appropriate and authorize the using. 0 w - Department: to negotiate an agreement for BOCC approval with the best=qualified design- a° build firm available at that. time. c 7, In lieu -of the design/build contractor selection procedure described above, the Department •N may use a process established by: statute and authorized by the BOCC, however, for all design/build competitive selection documents: the following shall apply: o . d N. a) Proposals must consist of a technical proposal and a price proposal: The two proposals must be segmented :into, separate sealed packages and clearly marked. -- c (1) The technical proposal must include .all the information. requested 'in .... response to the scope of services described- in the design criteria package. o (2) The:price proposal must include one lump sum cost for all costs:of the CD ::project as defined by the scope of:servicesof the design criteria package. w CHAPTER 6 -:CONTRACTS/AGREEMENTS J a A. .....Contract Review t� Z. CO) 1. All contracts, ceases and/or agreements of $50,000.00:or more shall be.rev ewed by Risk Management, :Purchasing/OMB, the appropriate Department, 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.: All agenda item summaries and d _ contract :summaries accompanying agenda items shall .be prepared:by the.. Requesting: Department. a 2.: The Department :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 Page 22 of 91 Packet �Pg "'136 ;4 C6 b '! 1. Per. Fla. Statutes, .Chapter h7.0582 all contracts which bind Monroe County 4i .tlie purchase of services or tangible personal property fora period in excess of one (1) fiscal year must have the following statement includedin 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 Crone Statement. All requests for competitive solicitation and, any contract document shall contain'a statement Which reads as follows (Section 287.133 F.S.Y 'A person or affiliate who has been.placed on the convicted vendor list following a conviction co 'as for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal; or reply on:a c 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 propertyto public entity,:may not be awarded `-' or perform work. as a contractor, supplier, subcontractor, or consultant under a contract. ..a° with'any public entity,. and may not transact=business with any public entity in excess of c the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of o 36 months from the date of being placed on the convicted vendor list." L a 3. Ethics Clause. Each contract/agreement entered into by the County shall contain in m 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 Cd 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 04 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 a. County officer or employee.". 4. Non -Collusion Statement:. Each bid shall contain the appropriately worded non -collusion certification. 0 a 5. Drug Free Workplace: Each bid shall contain an executed "Drug Free Workplace" form. c� z Q v C:. CPI Computation a A multi=year contract/agreement amount agreed to Herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index -for all urban consumers (CPI-U), for the year ending December 31 of the previous year. D. Exceptions a 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. Page 23 of 91 Packet P, 137 b) Interdepartmental charges - billings for specific office repair, fuels from_ _bulk storage, County vehicle maintenance or repairs, etc. The.Purchase of the following specific. goods. and or services requires a purchase order and in addition 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 #551:1. . b) All telephone systems, lines,.services, equipment and audit costs for same. Monroe County Administrative Instruction #4401. c) All computers and or data communications *rdware, software, product and services. Monroe County Administrative Instruction #440:1. d) Business cards are subject to Monroe County -Administrative Instruction #4800.13. e) All travel shall be approved and/or regulated by the Monroe County Administrative Instruction #4.71:6. f) All purchase of vehicles, tolling equipment or emergency generators (excluding fire trucks and ambulances) shall conform to Monroe :County Administrative Instruction #6402. E. Preference to Florida businesses (FS.. 287.084) When required.to make purchases of personal property through competitive solicitation and the lowest responsible. and responsive response is a vendor whos& principal place of business is in the State of Florida, then the County:may award a preference to the lowest.responsible and responsive vendor having a principal place ofbusiness within the State of Florida. However this section:does -not apply to transportation projects for which federal aid funds .are available. . F. Preference to businesses with drug free workplace programs (F..-.. 28 7.087) Whenever two -or -more-responses that are equal with respect to price, quality; and. service are received by :the County for _the :procurement of commodities or contractual services a response ... receivedfrom a business that certifies that it has implemented adrug-free workplace program shall be given preference in.the award process.: CHAPTER 7 EXCLUSIONS A. Sole Source Purchase of commodities and services -from a single source may be exempted from formal competition under the following conditions: Page 24 of 91 CO rn er L w u 0 a� c N c s L 3 a. m N m CO N N 0 d R V c. U . O a c.� z. . a x U n. c d E cc r Q Packet Pg 138 a .. i 1: All Sole Source purchases are subject to approval by either the BOCC, County Administrator, Assistant County Administrators or Purchasing Director in accordance with purchasing level authority: The Purchasing Office must in all cases. evaluate the request for such commodity, service :or source. The Purchasing Director shall be authorized, after initial sole source certification, to make additional purchases from a sole source vendor for not more than one year or until such time as contrary evidence is presentedxegarding sole source eligibility, whichever period is less. 2. There must be a documented determination from the Requesting Department or person that rn there is no other source readily available prior to the initiation of the 'sole source `o procurement. a) The Requesting Department shall document the search conducted to ascertain that 0 a there is no other source available. The search shall include phone calls, e-mails, _ and. letters to procurement offices or the Requesting Department's counterpart in. other Florida counties as well as to entities listed in the County's vendor list and 2 the phonebooks_, for 'Monroe County and Miami -Dade County in, business 9L classifications which might reasonably be expected to .provide the. goods or y .services. desired.' The documentation shall include a log of phone calls made and the emails and letters sent with a compilation of results from -.all phone calls, responding letters and other correspondence. co b) Where the procurement itself, due to. the nature of the goods or services (i:e. in N order to obtain conformity to existing contracted goods or services, in order to. c avoid the loss of.warranty coverage, proprietary licensing, equipment capability. etc.), dictates -sole :source acquisition, the Requesting Department shall provide written. justification as to the sole Source nature:of the procurement. C. c) Upon approval from the BOCC, County Administrator, or.Purchasing Director that the propose provider is a sole: source rovider, the Requesting Department P po .p P � q g P ... � may proceed with the procurement process. 0 a C7 z B. Emergency Purchases Q The term "emergency" is as defined in Section 2-347(k)(1) of the Monroe County Code. x Purchase of commodities and services in the event of a public emergency may be obtained under 0-- the following conditions: c 1. The public emergency for the- requirements will not permit a delay resulting from : _ competitive solicitation. 2. With respect to an L emergency as defined in Section 2=347(k)(1)a.-c. of the Monroe County Code: a) Where the : value of the goods or services to be purchased is less: than $50,000.00, emergency purchases' may be approved up. to the spending levels outlined in Chapter 2 Section F, above without the need for obtaining Page 25 of 91 Packet Pg 139 C6 b . . _ competitive price quotes. { b) Where the value of the goods or services ao be purchased equals or exceeds $50;0 om, the purchase maybe approved by the Mayor, or if the Mayor is not available then the Mayor Pro Tem, or if the Mayor and the Mayor Pro Tem are not available then County Commissioners in order of priority based on longest consecutive tenure on the Board of County Commission, but the purchase.: must be ratified .after -the -fact 'by the Board of 'County Commissioners at the next practicable meeting of the BOCC. C) T 3. With respect to an emergency as defined in Section 2-3... . (1)d. of the Monroe L, County Code, the:purchase may be approved up to the spending levels outlined in Chapter 2 of this Manual,, including the. requirement to obtain competitive price A quotes, where necessary. c 4. Where the.purchase of goods or services requires a contract: where the cumulative total value per fiscal year is: $50,000.00 or more; the contract must be ratified after - the -fact, by the Board of County Commissioners. at the next practicable meeting of nL'. the BOCC: .... T 5. Authorization During Normal Business Hours., In the case of emergencies that. require the immediate purchase of goods, equipment,.. or .services, the ..County Administrator, ;Assistant County Administrator; Purchasing Director, r Department Director, or a properly authorized::designee shall be .empowered to N secure such goods or services without competitive selection. In: this event, all c measures reasonably possible under the circumstances shall :be taken to assurethe maximum cost benefit to the County of the goods or services procured. a 6. Authorization Outside of Normal Business Hours.: A Department Director, during non -business -hours, is authorized; to make purchases without competitive v solicitation, when an emergency arises: J a 7. Documentation and Approval. Documentation for emergency purchases pertaining c� to the above shall. be submitted ;to the Purchasing:: Off ce with a - detailed explanation, and support material attached,. if applicable, within ten (10) c� workdays after the event :occurred. Emergency: purchases below the ;competitive 5 solicitation thresholds shall be approved by the County Administrator, after -the- a fact. All emergency purchasesequal to or exceeding $50,000.00 must :.be approved by the BOCC after -the -fact. cc w 8. All emer e.ncY Purchases are subject to approval b e.it.h.e.r. the BOCC, County a Administrator, Administrator, Assistant County Administrator or Director of Purchasing at the authorized level of authority. Any waiver of competition in a specific instance shall not serve to waive competition of future purchases of a similar or exact nature. :Page 26 of 91 Packet Pg:;140 Emergency purchases are to be used only, when unforeseen circumstances occur. Poor plammn� does not constitute an emergency. C. Cooperative Purchasing: 1. State and Federal Contracts. Purchases equal to $50,000.00 or morefrom vendors holding current "State" and Government Services Administration herein: after ("GSA") contracts are exempted from the coriipetitive bidding process:. However, before any purchase is made through an existing contract, the Requesting Department, if directed. by co the Purchasing Director or County Administrator, must first contact other South Florida. vendors in order to determine if the goods or services sought are available at a lower price c than the price(s) of the existing contract. If the goods or services are available from another o, vendor at a price lower than the .price of the existing. contract, then the contract for the 2 goods or services must be awarded to that vendor. The purchase of the goods or services cL sought may be made through the existing contract if none of the: other vendors contacted _ by the Requesting Department offered the goods or services ata price lower than the price of the existing :contract. The Purchasing Director will review and verify :the Requesting o Department's: information or documentation. a 2. Other Public Procurement Units. Requesting Departments are authorized to purchase goods -'and services from: cooperative purchasing . ventures run by other units of governments when the best interests. of the County are served. All purchases made through this section shall be from contracts awarded through full and open competition, equivalent with .the methods set forth in this policy, and shall be exempt :from further competitive N . procurement process set forth in this policy. The Purchasing Department is also authorized o to enter into joint ventures with other local governments in order to create purchasing cooperatives and promote _efficient purchases: A Previously Approved Projects a Once the. BQCC has approved a.project, concept, and/or specific capital budget item, subsequent additional, redundant approval by the BOCC is specifically not required. for advertisements, p Requests for Qualifications (RFQ's) or Request for Bids (RFB's), Request for Proposals (RFP's) or replies.. (BOCC action 5-26793, Page 93/254 #1). z . ro a E. Piggybacking; v The. County has the :option to "piggyback". on another governmental entities' or. not for profit � association's competitively awarded bid to take advantage of the pricing:received: l: The Requesting Department must first verify specifications and award. information and E receive permission from both the entity and. the vendor to piggyback. Q 2 Piggyback purchases equal to $50,000.00 or more are not subject to .the .competitive solicitation process. However, before any purchase is made through an existing contract,. the Requesting Department, if directed by the 'Purchasing Director or County Administrator, must first contact other South Florida vendors in order to determine if the goods or services sought are available at a lower price than the pnce(s) of the existing contract.: If the goods or services are available from another vendor at a price lower Page 27 of 91. Packet Pg; 141 than the price of the existing contract, then the contract for the goods or services.must be awarded to that.vendor. The purchase of the goods or services sought may made through the existing contract if none of the other vendors contacted.by the Requesting Department offered the goods or services at a price :lower than the price of the: existing ooiitract. The Purchasing Manager will.;review and verify the Requesting Department's information. or documentation: 3. Conversely, Monroe .County will allow .other governmental entities to piggyback: on Go Monroe County.'.s quotes when requested. r. of 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. A. c, a CHAPTER & BLANKET PURCHASE ORDERS c A: Blanket Purchase Order (BPO) is a simplified method: of filling anticipated repetitive L requirementa.for supplies or. services with qualified. vendors during a specified period (not to .: a exceed 12 months or one (1) fiscal year whichever is less). BPOs are designed to reduce administrative costs in: accomplishing purchases (up to $49,999.99) by eliminating the need of issuing individual written_ purchase orders. 1. BPOs 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 an :may yary. AN 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 get a pre=priced BPO. BPOs cannot be. issued without amaximum dollar amount. A BPO shall $ be authorized in writing by the Department Director or their designee.', c� CHAPTER 9. MINORITY BUSINESS ENTERPRISE (MBE), SMALL BUSINESS & DISADVANTAGED BUSINESSES co a: On all contracts or contract modifications of.over $500,000 ($1.000,000 for construction) and that c� x have: subcontracting .possibilities, and for all. federally funded :contracts, the Purchasing Director = and/or the Department having project management/oversight re ities, should submit an acceptable subcontracting.plan. Under such a plan, maximum pra '_able. opportunities must . . afforded to small and small minority firms. This plan must i d : s 1. Separate percentage goals for u ing 11 us ns�erps-aridnall disadvantaged Q . business -concerns. �S 2. Name of an individual empl d o l , minis t e fi. s subcontracting program. 3. Description of efforts to be made to: insure that such firms have an equitable opportunity to compete for subcontracts. Page 28 of 91 Pa6ket�Pgr142 i 1z: h� �s elo ail b reb� ocrci ¢ly lae i obes 1,h cla 1� 1:'a - a�3 �luxsztz� 1'o1a= ti as � isccl a anr�crlpof � ��t F'atn aFzg .�2� ,��, nr �a��s � et a� it x�tF err 14. ('lret la Pia "a r eelpr a� iia�,gi�zjra�©t e �e a c 1 �n iza'i r �s o lo, °,pimps-. x, , = ern • rc zr `t° b s �ci�,cJ rnli�r , c� efrcre . CHAPTER:9. MINORITY BUSINESS ENTERPRISE (MBE); SMALL BUSINESS & :: = DISADVANTAGED BUSINESSES If required by Federal Aviation Administration (FAA) grant or other Federal funded grant requirementsOn all eontr4ets, or-69ntraret midd-i#e4fiens of a $590 nnn ($ nnn nnn j ehasir ai ee er—der the.. Department having project manage ment/oversight responsibilities, should develop an acceptable: sube6ntm6ting plan to utilizeand afford: ieable Under, sueh �4.plan, faopportunities to sr�a4--andminoritL .... .... . small and disadvantagedinns. lan ma . This �y p ____XI me u e: 1. .Separate percentage goals. for using small, pm nority and business eeflee s and..si l • disadvantaged.busitiesses eerns.. . 2. Name: _ of an individual. employed or... retained who will. administer the .firrn's subcontracting program. 3. Description of efforts to be made to insure that such firms have an equitable opportunity to compete for'subcontracts.. . 54. ::Assurance that fedeially funded contracts. comply with the provisions contained therein., : : 5. Assurance to cooperate on surveys :for compliance... C6b'.. 4. Assuranc e that the clause at FAR 52.219=8 will be inc ded ' subcontracts that offer subcontract opportunities (as applicable). 5. Assurance that federally funded contracts co ly w ees,(cn ontaine.d therein. -6. Assurance to:cooperate on surveys for c mpliance.V. CHAPTER 10. PURCHASE OF INSURANCE 0 CD CD Any purchase of insurance by the Monroe County BOCC shall be treated as the purchase of a c commodity and regulated the same, except as set forth below. >, . The purchase of builder's risk insurance for County projects may be exempt from competitive --6 biddingprocedures pursuant to. Section 2=347(e)(5)(g.) For the purchase of builder's risk insurance a. expected to cost less than $50,000, separate price quotes are not required, but the agent should solicit several _insurance companies to ensure that the best price is attained. For ahe purchase of builder's risk insurance expected to cost more than $50,000, the County Administrator should a authorize the:purchase and report to the Monroe. County BOCC the.purchase of the premiums. It is understood -that_ since the .cost.of builder's risk policies are included in1he overall, budget for the. n project, the cost of premiums will be paid from the funding source for that project which are generally approved by the BOCC as part -of the budget process. �- CO The purchase of insurance which is exclusive, due to the unique terms and conditions and/or the v detailed coverage required by the County, may also be :exempt from competitive bidding o procedures.pursuant to Section.2-347(e)(5)(g.). Risk should document the reasons) for the. policy being exempt from the competitive bidding procedures. When premiums exceed $50,000, the Q Monroe County BOCC should authorize the exemption. In an_.emergency, i.e. an interruption of an essential government services,, the -County Administrator may authorize the purchase of the y policy and seek ratification froln the Monroe County BOCC. v D O a Ail _policies for: insurance coverage shall have an initial term and shall thereafter be renewable z yearly for up -to three (3) additional years with BOCC review. y a x CHAPTER 11.1 RECYCLED CONTENT PRODUCTS a The County 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 .. d when it can be determined that such purchases are cost effective; meet specifications required and R 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.. To the extent feasible each department shall keep a compilation of the number and amount of recycled product or materials it purchases each fiscal year. Page 29 of 91 --------------- Packet Pgp 143 .. . . J7.C.6 CH�PTER 12. SURPLUS ITEMS i The objective of thispolicy is to ensure. that all County. assets are properly tracked and disposed of in compliance with Florida Statutes. The. following rules: apply to all departments in possession of -fixed assets belonging to Monroe County. The rules also apply to constitutional officers, contracting parties, and, third party entities in possession of fixed assets belonging to Monroe County. (Each such.department, or office shall be known as a "using agency".) co rn Contracting parties in possession of tangible non -consumable property owned by Monroe County d which is no longer used or which has become obsolete, worn out or which the parties believe 42 should be scrapped shall submit. reportidentifying such property to the department responsible for their contract, which in turn shall forward the reports to_the Clerk of the Court, Property Clerk: a 1. Each using agency shall assign a person: who will :be primarily responsible for � maintaininR the fixed assets of the Department or Office "Proer Custodian" N . 2. Classification of Surplus Property: r a) Property may be designated as surplus by: the using agency for any of the following IL . reasons: (1) It becomes inoperable and:cannot be repaired; (2) It is more economical to replace the asset than to repair it- 00 (3) Property becomes obsolete; N 0 (4) _ . The department or office no longer has .need of the item; or d (5) It. isscheduled for replacement as a matter of policy: a b) All property that is declared :surplus shall be designated into one of. four (4) categories: 0 (1) Vehicles; 0 z .. 2 Pro ert with a historical urchase value equal :to or. eater than $1. 000. () p Y:. pt .. (fixed asset, with property ID#); (3) Property with a historical purchase value less than $1,000 (non -fixed asset, a no property :ID#); . E (4) Computers, computer -related, and "telecommunication: equipment. 3,. After the.property has been placed.into a specific category the following procedures will 4 be used for disposition: (1) Property estimatedd-to have a fair market value equal to or greater than $5,000 shall be sold by competitive solicitation/public auction to the highest responsible :responder after publication of notice of at least one week and not: more: than two weeks in a newspaper of Page 30 of 91 Packet Pg' 144. �Ca6:ki ' general circulation within the County; and additional notice. if, in. the opinion of .the using agency, it will serve the'best: interests of the County: (a)- . Required forms. to initiate the competitive solicitation/public auction of surplus- property: The Property Custodian within. the using agency is responsible for preparing . and submitting an Inventory Deletion Request Form (See Attachment B:2.), executed by the .Property Custodian and the Department Director of the using agency, to the Property Inventory Clerk. For computer relatedCD �- equipment valued over $1,000, the Property Custodian in the using. agency is responsible for preparing and. submitting the required �r `o Computer Related Equipment Inventory: Deletion Request Form (See Attachment B.3). The Information Technology Department will send the completed form. to the .Property Inventory: Clerk and a. coordinate directly with .the Property Inventory Clerk and the using c agency for the competitive soli citationlpublic.auction andlor.transfer, donation or disposal of the surplus computer equipment. (See Administrative Instruction 47-25. Effective June 18; 2012). a' -o a� (b) BOCC .mustapprove the request to advertise -for competitive . An solicitation/public auction for the sale of surplus property. Upon. receipt of the fully executed Inventory Deletion -Request Form or co Computer Related Equipment Inventory Deletion Request. Form, the N Property Inventory Clerk or using agency, will place an item on the BOCC.agenda for approval of competitive solicitation%public auction for the sale of the surplus items. a n. (c) Scheduling and Coordination of Competitive Solicitation/Public Auction: Following BOCC approval, .the Property Inventory Clerk initiates and coordinates the competitive solicitation process for the sale of surplus property at :intervals throughout the year as needed, O a coordinating with the Property Custodians in each using_agency, the z County Attorney's Office and the BOCC Purchasing Office. In i-n addition to the Property Inventory Clerk's sale of surplus: property, the using agency may schedule and coordinate a competitive solicitation/public auction for the sale of specific surplusproperty a when it is necessary or: beneficial for the County. c m (d) Notice: At the request of the. Property Inventory Clerk or using: agency the County Attorney's Office prepares.a Notice ofRequestfor w Competitive Solicitation. (see Attachment. B,. using the surplus Q property inventory data provided. by the Property Inventory Clerk or using agency. The County Attorney's Office .transmits the notice. requesting publication one time in the Key West Citizen (as the local newspaper qualifying under Florida :Statutes Chapter 50:031) and, , per BOCC direction, one time in.the Middle and Upper Keys area newspapers (Keynoter and Reporter). The Notice shall also be posted Page 31 of 91 Packet�Pg 145,. ; to thJ County's website. The Purchasing Director places the Item(s) on DemandStar. (e) Once,the opening is held and the responses are reviewed, the Property Custodian within the :using agency places an item on the BOCC agenda, requesting approval to .:award/sell specific : item(s) to the highest: responsible responder; .:and authorizing:- the County Ad min" ` t t th D.S t Ab I t d b th istra or o sign: e of a e, so u e prepare . - y . e Property Inventory Clerk. o� v (f). After payment is received, the Property Inventory Clerk is - e L W responsible for preparing and transmitting a Bill of Sale, Absolute to >, the County Attorney's Office for each individual surplus item being: o sold. The County's Office transmits the Bill o Sale, a Attorne........Y f.... - o, Absolute to the CountyAdministrator for execution. Upon .... _ execution the.Bill of Sale, Absolute shall be forwarded,to the Clerk s for recording of the document in:BOCC records. The:Clerk then transmitsthe fully executed original Bill of Sale, Absolute: (s) to :the a Property Inventory Clerk: to transfer title, and possession of the N item(s) to the successful bidder, coordinating with the. using agency as needed. If the item(s) are sold via public auction by an outside � vendor retained by tlie,County, the Property Inventory Clerk will 00 coordinate title transfer: and preparation of documents with the :.. . N . vendor and may do so prior, to payment to the Countyand/or in o accordance with the public auction vendor.'s. contract. c .a a (2) Assets with a fair market value equal to or greater. than $5,000 for which: no bid was received s h a 11 a g a i n: b. e o f f e r e d f o r' .s. a l e b y competitive solicitation. If no " v acceptable bids are received after a second attempt to sell by. competitive solicitation; o then the property may be sold by an outside vendor retained by the County for public a. auction services-. Assets with a fair market, value :lower than $5,000 for which no. bid_was z received after one attempt to sell by competitive solicitation may sold by an outside a vendor retained by the County for public auction services. v (3):All assets with a fair :market value lower:than $5,000 maybe sold by competitive a solicitation/auction in accordance with the procedure set forthabove, or may be donated to another.governmental entity or _not -for -profit organization as set forth below. Assets E with a fair. market value equal .to orgreater than $5,000..for which no :bid was received at competitive solicitation: may also be donated to a governmental entity or not -for -profit Q .. .. organization. Assets "with a fair market value equal to or.greater than $5.,0.0.0 may offer to other government units in the County for sale or donation or may be;offered.to private nonprofit agencies, prior:to being sold by competitive solicitation .when it is determined by the BOCC to be in the best interest of the County to do so. .Page 32 of 91 Packet Pg 146;. competitive solicitation: may also be donated to a governmental entity or not -for -profit Q .. .. organization. Assets "with a fair market value equal to or.greater than $5.,0.0.0 may offer to other government units in the County for sale or donation or may be;offered.to private nonprofit agencies, prior:to being sold by competitive solicitation .when it is determined by the BOCC to be in the best interest of the County to do so. .Page 32 of 91 Packet Pg 146;. rC.;6.b (4) Property estimated to be less than $5,000 that has a useful life, may, but is not required to; be offered to all other County departments. -by use of County e-mail for a period of 10 'days, on a first come, first serve basis.: A. Fixed Asset Transfer Form (See Attachment B.4) will be completed by the receiving and transferring department or office and submitted to. the Property Inventory Clerk with a copy to Risk . Management. (5) Property which value is estimated by the BOCC to be under $5,000.00 deemed to: have no further use to the County due to obsolescence, inefficiency, or being uneconomical may be donated to another governmental. entity within the County, may be donated to a private not -for -profit organization within the County or may be:disposed of for value in compliance_ . with 274.06, Florida: Statutes and as amended. The determination of property to be disposed of by the BOCC shall be at the election of the BOCC in the reasonable exercise of its discretion pursuant 274.06, Florida_ Statutes. Property, the value of which the BOCC estimates to be unde.r.$5000.00, may be disposed of in the most efficient and cost-effective means as determined by the BOCC pursuant to- F.S. 274.06. All Assets under a lease agreement will be disposed of in accordance with the terms of the agreement. (8) If it is determined thatthe trade-in value is more beneficial to. the County, a vehicle or piece of equipment may .be: used as a trade=in for the purchase of replacement equipment. (9) If it is determined that it is useful and. economical to retain. a portion; or a component, of the -asset for future use, then the portion or component can be retained and the balance of the asset sold, donated, or destroyed. In such case the .portion retained and the portion sold, donated, or. destroyed shall be noted on appropriate forms. 4. Subject to the procedures noted above, responsibility for disposition is as follows: :. .. a) Fleet Management is responsible for the disposition of vehicles andother heavy equipment; excluding Emergency :Services, Airports and Social Services Department vehicles. Those Departments are responsible .for disposition of their vehicles and are required to follow the surplus property as set forth;above. b) Property Custodians are responsible for the disposition of fixed assets of any value;.:othe-r than vehicles, .computers, computer -related, and telecommunication equipment. c) Information Technology is responsible for the disposition of computers, computer -related, and telecommunication equipment. 5. Employees of Monroe County are expressly forbidden to bid on sales of surplus Monroe County property. No employee's relative, as defined by Florida Statute Section Page 33 of 91 'Packet , 147 1 2 312(21), shall be allowed to bid on surplus propert� over which the employee had custody or authority to initiate or authorize the decision ;to surplus. F.S. 112:312(21): "Relative," unless otherwise specified in. this part, means an individual who is related to:a public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife; father-in-law,'mother-in-law,.son-in-law, daughter= in-law, brother-in7law, :sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, .step great grandparent, step grandchild, step great grandchild, person who is.erigaged to be married to the public officer or employee-or.who otherwise holds himself or: herself out as or is::generally known as :the person whom the public officer_or employee inte.nds-to-marry or With whom the public officer or employee intends to form a household; or any other natural person having the same legal residence as the public officer or employee. CHAPTER 13. PURCHASING CARDS '(P-CARDS The Monroe' County Purchasing Card Policy & Procedures establishes. detailed procedures .and . policies which control the use of Purchase Cards. The Purchasing Card Policy & Procedure is to be followed and is attached hereto as Attachment C. There shall be absolutely no personal purchases made with the Couiityissued P-Card. CHAPTER 14 — FEDERAL FUNDING REQUIREMENTS This Chapter is provided to ensure that Monroe County has and maintains proper policies and ...... ......... procedures.as required by federal awards and consistent with 2 Code of Federal Regulations (C.F.R.) Chapter I, Chapter II, Part 200. All procurements must comply with.Florida Statutes; rifles and procedures as per 2 C.F.R. §§200.318-200.326. All Contracts .and procurements :in which federal funds are used shall include the following provisions:: [See 2 CFR part 200. for a more detailed: description of the federal provisions] A. PROCUREMENT STANDARDS (2 C.F.R. $6200.318-200.326) 1. General Rules These standards.apply to procurement of goods or services using federal funds and :program income. The procurement must comply with Non -Federal Entity/Monroe County's procurement. procedures which reflect applicable .State and local laws :and regulations, provided that they .conform to applicable Federal law and the -standards identified in 2 C.F.R. Part 200. 16. J° 0 a co .. O 7 a �o d Go N N 0 d W M. o. L) J 0 a t9 z x U x a w _ d E a m r Q Page 34 of 91 Packet J g 14a. - The Requesting Department, via the designated con4act manager, must maintain oversight to. ensure that contracts. perform in accordance. with the terms; conditions, and specifications of their contracts or purchase orders. (2 CFR § 200.318(b)) 2. Procurement Documentation: The County must maintain all procurement records sufficieni-io detail the history,: including all competitive bidding documents and all other documentation- relating to the evaluation of the competitive bidding proposals and responses; justification of the award; and approval of the contract price and type. The Requesting. Department must complete the Procurement Fonn(s) (Attachment E.1 &:Attachment E.2 (For purchases through competitive solicitation), and submit with the RTP (if Hurricane related, use Hurricane FTP Form Attachment E.4 and also include Hurricane Audit Slip Attachment E5.). These documents must be -maintained in accordance with .. Chapter 119, Public Records Law and the Florida Departrnerit of State, Division of Library and Information Services; General Records Schedules GS1-SL for State and Local Government Agencies. 3. Conflict of Interest: The Monroe County Personnel Policies and Procedures Manual setting forth written standards of conduct, including conflict of interest, and governing the actions of County employees shall be followed at all times along with the Monroe County Administrative Instruction 4301.9, Basic : Procedures for Grant Administration, which set forth additional instructions relating to Federal rules and guidelines. No employee, officer or agent participate in the selection, award, or administration of a contract. supported by a Federal. award if he or she has. a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her, immediate family, his or her partner, or an.organizatiorr which employs or is about to employ any:of the parties indicated in the contract, has a financial or other interest in or tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the County may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, in accordance with the . Personal Policies and Procedures; a gift of $25.00 or less is considered non substantial. financial interest or an unsolicited item of nominal value. County Employees, officers or agents that violate the County standards. of.conduct will be subject for disciplinary actions as set forth. in,. - more detail in the Personnel Policies and Procedures Manual. (2 CFR § 200.318(c)(1), 200.318(c)(2)) 4. Avoidance of unnecessary or duplicative items: The Office of Management and Budget (OMB) must review expenditures to avoid the,: acquisition of unnecessary or duplicative items; consider consolidating or breaking. out procurements to obtain a more economical.purchase; and where appropriate analyze lease versus purchase alternatives or other analysis to determine the most economical approach. OMB should foster greater economy and efficiency, and promote cost-effective use of shared services with the Federal Government and state and local government entities through interlocal agreements or other inter -entity agreements; including use of Federal excess' and surplus property in lieu of purchasing new equipment and property. (2 CFR §§200.318(d), 200.318.(0), 200.318(f)). .. Page 35 of 91 PackeOil'149,' C.6 b 5. Contracts may only be awarded io responsible. vendor/contractors: 4. The County must award contracts only to responsible -contractors possessing the ability to .perform successfully under the terms: and conditions of a proposed procurement. Consideration will be given to such In as contractor integrity, compliance with public. policy, including County laws and policies, record of past performance, and financial and technical resources. The Requesting Department. must complete the Debarred, Suspended; or Ineligible Entity. Checklist (Attachment E.3) (2 C.F.R.200.318(h)) (Note: No contract i) equal to or over $25,000; ii) for audit services, or iii) for which any prior agency approval is required, maybe awarded to an entity that is suspended or debarred pursuant to 2 C.F:R. Part-18.0. 2 C.F.R. §180.220(b)) B. COMPETITION REQUIREMENTS 1. Full and Open Competition: As per 2 C.F.R. §200.319, and consistent with Monroe County Code §2-347(a) and. the.Mission Statement of this Policy, all procurement transactions must be :conducted in a manner providing for full and open competition, which prohibits placing unreasonable requirements, unnecessary°experience or excessive bonding on firms in order for them to qualify to do business. County staff shall ensure that procurement transactions. do NOT allow: noncompetitive pricing . practices between firms and affiliated companies; noncompetitive contracts to consultants that are no retainer contracts (e.g. out -of -scope work added to the consultant's work retainer); specifying, only a "brand name":product instead of allow "an equal" product; and any arbitrary action in the procurement process. .2 C.F.R. §319(a)' . 2... .. Prohibition. on. Bidding: The contractor that is bidding on the.contract cannot be involved with developing or drafting the specifications, requirements, statement of work, invitation for bids or request for proposals (2 CFR § 200..319(a)). 3. No State or: Local: Preference*: No preference shall be included in the competitive solicitation or in the procurement transactions (2_ CFR .§. 200.319(b)). *Please note that the RESTORE ACT allows for state preference,: 4. Solicitation Requirements: The solicitation shall include a clear and accurate description of thetechnical requirements. for the material, product, or service to. be procured, including requirements that must be fulfilled by offerors/vendors and the evaluation factors/criteria, e.g. Identify if price or quality is most important in the solicitation. If the . County uses prequalified persons or firms, thecontract for services or list must be current and include at least 3 .prequalified persons or firms and not preclude any potential bidders from qualifying during the solicitation period. 2 C.F.R. §§319(c)-319(d) C. METHOD.OFPROCUREMENT REQUIREMENTS . Asper 2 CFR § 200.320, one of the following methods must be.used when procuring goods or services with any federal funds: T. Formal Procurement -Over $50,000.60 (2 C.F.R. 4200.320(c)) Page 36 of 91 G v 0 w 0 0 a a� _ N M. r .` a •a m a w N N 0 V d a t.� J 0 a. C9 z Q U a a. w d E cc w a Packet Pg. 150 -: - - C. b a. Sealed Bids: Bids alre publicly solicited and a :firm fixed price contract (lump sum or unit price) is awarded to the responsible. bidder whose:bid; conforming to all the.material terms and conditions of the invitation for bids, is the lowest in price. Sealed bidding is the preferred method for procuring construction.. [Federal Note: Sealed bidding is generally used where price is the most important evaluation factor for the County.] Contract- award under the sealed bidding method of procurement is made to the bidder submitting the lowest priced, responsive and responsible bid., i. Responsive and Responsible. Defined: "Responsive" refers to Whether the bidder meets. all the material requirement of the Request for Bids (RFB)/'invitation for bid (IFB), while "Responsibility" refers to contractors possessing the ability to perform c successfully under the terms and conditions:of a proposed procurement. >; Consideration will be given to such matters as contractor integrity; compliance with o public policy; records of past performance, and financial and technical resources. [See a 2 C.F.R. §200. 318(h)] S ii. Conditions of Sealed Bids: All of the following conditions must be present to use s sealed bids: i) a complete; adequate; and realistic specification: or purchase IL description is available ii) two or more responsible bidders willing and able to N are compete effectively for the business iii) the procurement lends itself to a:firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. [ 2 C.F.R. §200.320(c)(1)] CO iii. Requirements for Sealed Bids: If sealed bids are used, the following requirements apply: o 1) The Countyimust.solicit bids from an adequate number of known supplies (via DemandStar and if applicable to a list of suppliers to be provided :to OMB from the-, Requesting Department), providing sufficient'response.time prior to the date set for opening the bids and must be, publically advertised (refer to time frame set forth in , Chapter 3, Paragraph A..24 2)The com etitive. solicitation should include an specifications and pertinent P. any p � p attachments, and define the items or services in order for :the bidder to properly respond; a 3.) Set forth the Time and Place for the bids. to be publicly opened;. Z 4) Award a firm fixed price contract in writing to the lowest responsive and responsible Q bidder; . x 5) If any bids are rejected, there must be a sound documented reason supporting the rejection [2 C.F.R.:§200320((c)(2)]. a iv. Cost or Price Analysis As per 2 CFR §200.323, if the contract amourit (including E contract modification) exceeds i$50,000.00 the County must perforim.a cost -or price analysis. Q A Cost or Price Analysis must be conducted by the Requesting Department. (2 C.F.R.. . .. .. §200.323(a)) The degree of the analysis depends on the nature of the procurement; however, should at least.start with and independent estimate established before receipt of responses/offers. Price & Cost Analysis Description: Page 37 of 91 Packet 0,g:,'151. ; a) "Price �nalysis" is the process of examining and evaluating proposed price without evaluating its separate cost elements and proposed profitTechniques include: comparison of amounts from responses received, comparison of proposed prices to historical prices paid, comparison with published price lists; comparison to your independent estimate..Price Analysis is the'preferred method to be used by the . Requesting. Department. b) "Cost Analysis" is the review and evaluation.of any separate cost.elements and profit or a fee in an.responderits/offerors' proposal, as needed to determine a fair and reasonable price and the application of judgement to determine how well the proposed :costs represent what the cost o.f:the contract should be. The Requesting Department must `o negotiate profit as a separate element of the price for each contract in which there is no �, price competition and in all cases where cost analysis is:performed. To establish a fair c and reasonable profit, consideration must be given to the complexity of the work to be a performed, the risk borne :by the contractor,. the contractor's 'investment, the amount of. � subcontracting, the quality of its record of part performance,_ and industry profit rates in s the surrounding geographical area for similar work. (2 C.F.R. §200.323(b)) :Cost of prices based: on estimated: cost for contracts under the Federal =award are. allowable only to the a extent that cost incurred or.cost estimates included in the negotiated: prices would be N allowable for the County under Subpart E—Cost Principles of this part. The County/non- Federal entity may reference its own cost principles that comply with the Federal cost principles. (2 C.F.R. §200.323(c)) ao T c) Cost plus. a percentage of cost and percentage of construction cost methods :of contracting c must not be used. (2 C.F.R. §200.323(d)). V b. Procurement.by competitive proposals: The technique of competitive proposals is a.. R CL normallycondu. cted with more than one source submitting a response/offer,: and either a , fixed price or cost -reimbursement type:COntract is awarded. It is generally used when U conditions are not appropriate for the use. of sealed bids. (2-C.F.R.. §200.320(d) .o :i. Requirements for Competitive Proposals: If Procurement by competitive proposals a are used, the following require ments.apply: 1) The Request for Proposals (RFP) must Z be publicized, i.e. as .per Chapter 3, Paragraph A. 2.; N 2 identif y: all evaluation ,actors and their'relative importance; i.e. x v evaluation/selection factors and points/percentage-allocation for each factor; Dem- 3). solicit proposals from an adequate number of qualified sources (via DemandStar a and: if applicable to a list of qualified sources to be provided to OMB from the .. Requesting Department); E 4) the method: for conducting technical evaluations of the proposal received and for selecting recipients as ;outlined in Chapter 3, Paragraph B should be followed and. Q. when appropriate should be outlined in the RFP; 5) The County shall award the -contract to the responsible firm whose proposal is most advantageous to. the program/project, with price and other factors considered.: [Federal Note regarding architectural/engineering (A/E) professional services: the County may use competitive proposal procedures,: i.e. Request for Qualifications (RFQs) and the Consultants Page 38 of 91 Packet Pgr, 1`52 . C6b : Competitive Negotiation Act (CCNA), for qualifications -based procurement of A/E professional. services whereby competitors' qualifications are evaluated and. the most qualified competitor is .selected, subject to negotiation of fair and reasonable compensation. The method, -where price is not used as a selector factor, can:only be used in procurement of A/E professional services. It_ cannot be used to purchases other types of services though A/E firms that, are a potential -source to perform the proposed effort. 2 C.F.R. §200;320(d)(5)] 2. Informal Procurement=Over $3,500.00 up to $49,999.99 Small purchases co procedures:..Small purchase procedures are those relatively simple and informal rn procurement, methods for securing services, supplies, or other property that do not cost more.than the lesser of either (1) the Simplified Acquisition threshold (i.e. $50,000.00), `o or (2) whatever amount State (if applicable F.S. Statute requirement) or Monroe County's competitive procurement rules (i.e.. $.49,999.99 or less)., Price and rate quotations must be o obtained from.an adequate number of .qualified sources: The Requesting Department a. should to the maximum extent possible obtain 3 or more price.quotes and give consideration to the amount of the purchase when obtaining rate and price quotes. When purchasing complex supplies or services, please document and include justification for 3 the number of price quotes obtained. (NOTE; FEMA has determined that for simplified a purchase procedures, an adequate number of qualified sources are considered to be three N (3)). 1 The Requesting Department should follow the procedure as set forth in Chapter 2 F. 2. and ensure that proper documentation is maintained in this regard to justify the - purchase. (2 C.F.R: §200:320(b)) To 3. Micro -purchases: Up to $3,500.00 (i.e. purchases below $3,500.00, See 2 CFR § T c 20.0.67) Micro-purchases.are.awarded without soliciting competitive quotations (i.e. price. quotes) if the Requesting Department considers the_price to be reasonable. [Note: Action to m verify the reasonableness, need only be. taken if the purchasing Director suspects or has CL information to indicate that price, is not reasonable or the item is such that, no. comparablepp , . pricing information is readil available to the Requesting De artment: The Requesting p g. y q. g P ] q g _} U Department, to the extent practicable, should distribute micro -purchases equitably among O .qualified suppliers:.Documentation of the purchase in the form of a RTP, when -applicable, is a necessary to the extent to demonstrate that it is, an allowable cost for performance of the Z_ Federal award (as per 2 C F R: §200.403) and to keep record of equal distribution to.qualifie d N suppliers.2 C.F.R. §200.320(a) 4. Noncompetitive proposals: 12 C.F.R.:§200.320(f)l [ Note: this does not apply to Micro= o: purchases; RESTORE ACT/ Department of Treasury has sole source section that provides more detail and should be referred to when using RESTORE ACT funds] E i.. Procurement by noncompetitive proposals: Procurement .through solicitation of.a a proposal from only one source, and may used only when one or more of the following circumstances apply: 1) the item is available from a single source; (substantial duplication of services to reach other sources is justification for proceeding with sole source, but this must be sufficiently documented by the Requesting Department: and provided to OMB/Purchasing Director) Page 39 of 91 Packet Pg.:153 2) the public exigency or emer�ency for the requirement will not permit a delay resulting from.competitive solicitation [Federal Note; Exigency" is generally defined as . _. something that is necessary in a particular situation that requires or demands immediate aid or action. By comparison, the term "emergency" means :an unexpected and usually dangerous situation. that calls from immediate action. Emergency will typically involve a: threat to the. public or private property or some other form of dangerous situation, whereas an. exigency is not necessarily limited.] ; 3) the Federal awarding agency or pass -through entity expressly authorizes noneornpetitive proposals in response to a written request from the County; or 4) after solicitation of:a number of sources; a competition is determined inadequate [Before utilizing this exception, the Requesting Department should reviewthe solicitation and the publicizing of the solicitation to ensure that it was not inadvertently . drafted in a mariner to reduce or eliminate competition, which resulted in the receipt of one or no proposals. If this is. found to be the case, the Requesting Department should . ... . revise:the solicitation. and re -publicized the. solicitation in order to resolve the competitive concerns. The Requesting Department should also document justification for the noncompetitive. procurement and provide to OMB/Purchasing Director]. D. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'.S: Asper 2 C..RR 200.321, the County must take the affirmative steps below and in accordance, with Chapter 9- Minority Business Enterprise (MBE), Small business & disadvantaged Business of . this Policy to assure minority businesses, women's business enterprises, and labor surplus area firms are used when possible: While some of the steps below may be duplicative with those set forth in Chapter 9 of this Policy, the Requesting Department in conjunction with the County's OMB Department shall: 1. Ensure that qualified small and minority businesses, and women's. business enterprises. - .. . are placed on solicitation lists. 2. Ensurethat qualified small .and minority businesses, and women's business'enterprises are. solicited whenever they are potential sources, including .the.list of DemandStar suppliers that are notified of competitive solicitations,.the'Small Business. Administration's Dynamic Small Business Search website; and any additional supplier listed that may be generated. 3. Divide total. re, uirements, when economically feasib.le,: into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. 4. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and Women's business enterprises. 5. Use the services and assistance, as appropriate, of such organizations as the Small Business_ Administrator and the Minority Business Development Agency of the Department of Commerce. CO: v L yam-. O . D. N s a �a m: 3 d CO N N O .o as w co �a a } O a 0 z U) a x U a c d E t a Page 40 of 91 Packet Pg 154 6. Require the prime contra_dtor, if subcontractors are to be let, to take the affirmative steps listed above. [Federal Note: Collectively referred to as "socioeconomic contractors" or "socioeconomic contracting", this requirement does not impose: an obligation to set aside either the solicitation or award of a contract to :these types of firms; this requirement only imposes an obligation to carry out and document the six identif ed,affinnative. steps.]. E. CONTRACTUAL CONSIDERATIONS Contract(s) must include. (See Appendix I1:to part 200): • Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U:S:C. § 6201). • Suspension and Debarment clause • Anti -Lobbying Clause; If the contract exceeds $100,000.00, bidders must submit an Anti - Lobbying Certification. • . All.procurements and contracts, involving the use of materials (e.g. debris removal and:.. other services); must comply with the requirement to make maximum use of recovered/recycled.materials as per 2 CFR §200.317, §200.322, and Chapter 11 (Recycled Content Products) of this Policy and include the recovered/recycled materials. clause. If the contract amount exceeds $150, 000.00, it must address administrative, contractual, or legal remedies in instances where contractor violates or breaches contract terms and provide for sanctions and penalties. • If the contract amount. exceeds '$10, 000. 00, it must address termination for cause and for convenience, including the manner by which it will be effected. and the basis for. settlement. • Rights to Inventions. Made Under Contract. or Agreement must be included if applicable. [This is not applicable to Federal EmergenoYManagement Agency (FEMA) funding since it does riot award grants of. subgrants associated With research and development projects.] • If the contract or subgrant amount exceeds $I S0, 000.00, it must include the Clean Air Act and the Federal Water -Pollution Control Act. F. CONSTRUCTION CONTRACT CONSIDERATIONS County Departments that handle construction projects are encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. The County may use a time and material type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price, i.e. lump sum/not to exceed -amount that the contractor exceeds at its own risk.. Page 41 of 91 Packet Time:and Material contracts means that.a contract whose cost to the County is the sum of i) the actual cost of materials; and ii) direct labor hours .charged at fixed hourly rates that - reflect wages, general and administrative expenses, and profit. (Please refer:to time and material provisions as set forth in more detail :in 2 C.F.R. §200.31:80)) (2 C.F.R. § 200:318(g)) If the contract is for construction; is must include the Equal Opportunity Clause. . .. co r For.construction contracts exceeding $2;000 awarded under a: Federal grant, it must.include a .. .. a� Davis -Bacon. Act Clause and Copeland Anti -Kickback Act clause addressing prevailing wage. c rates. [Note that Public Assistance.and Hazard Mitigation Grant Program contracts do NOT >, require these clauses.] : `6 o a If the contract amount exceeds $100, 000.00 and involves the employment of mechanics or laborers; it must include a Contract Work Hours and Safety Standards Clause. t Bonding requirements for construction or facility improvement contracts exceeding $50,000:00 - L a The Requesting: Department shall require the procurement to include 1. A bid: guarantee from V N > such bidder equivalent to five percent (5% o) of the bid price. The `:`bid guarantee" must consist of a firm commitment such as 'a:bid bond, certified check; or other negotiable:instrument ao r accompanying a bid as assurance that the bidder will; upon acceptance of:the bid, execute such .- contractual documents as may be requiredw- ithin the time specified. 2. A performance bond on c the part of the contractor for 100 percent of the contract price. A'"performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. '3. 'A payment bond on the -part of the contract for 100 percent of the a contractor price.. A "payment bond" is one: executed in connection with a contract to assure payment as _required bylaw of all persons supplying labor and material in the execution of'the work provided for in the contract.. o a z G. CAPTL4L EXPENDITURE a v Federal Funds may n0be expended:for capital expenditures for. improvements to land, oe buildings, or equipment which materially increase their value or useful life: without prior written a r th w v approal ofthe Federal. Awarding Agency or pass:rough entity. (2 C.F:R. VK439(3) :. E s 0 co 1. Insurance Coverage: The County must provide equivalent insurance .coverage for real: .r ¢: propertyand equipinent acquired or improved with Federal funds as provided. to property owned by the County. (2 CFR 20031:0) 2. Real_Property: a. Title: Subjection to obligations and conditions set forth in.2 CFR 200.31:1,.title: to. real property acquired. or- improved under a Federal award will vest upon acquisition to .County: Page 42 of 91 Packet Pg,,156 .; Gl C-Sb b. Use: Except as otherwise provided by Federal St4tutes or by the Federal awarding agency, real property will be used for the originally authorized. purpose as long as needed for that purpose, during which time the County must not dispose of or . encumber its title or other interests. c. Disposition: When real property -is no: longer needed for the originally authorized purpose; the County must obtain disposition instructions from the Federal awarding agency or pass -through entity. The instruction must provide for one of the following alternatives: 1) Retain title after compensating the Federal awarding . . agenda 2) Sell the property and compensate the Federal awarding.agency 3) Transfer title to the Federal: awarding agency or third party designated/approved by the Federal awarding agency. Equipment: a. Title: Subjection to obligations and conditions set forth in 2 CFR 200.313, title to equipment acquired under a:Federal award will vest upon acquisition to County. Unless a statute specifically authorizes the Federal agency to vest title in the county without further obligations to the Federal Government, the Federal agency elects to. do so, the title must be a conditional title. Title must vest in the County subject to the following conditions: 1. Use of equipment for the authorized purposes of the project during the period of performance, or until the property is no longer needed for the purposes of the project. 2. Not encumber the property without approval of the Federal awarding agency'or pass=through entity. 3. Use and dispose of the property in accordance with 2. CFR 200.313 (b),. (c) and (e) b. use: -Equipment must, be used by the County in the program or project for which it was acquired as long as :needed, whether or not the project or program continues to be supported by Federal Award, and .the County must not encumber the property without prior approval. of the Federal awarding agency. When equipment is no longer needed for the original program.or project, the equipment.may be used in other activities in the order of priority as forth in 2 CFR 200.313(c)(i) &(ii) G. Management Requirements:, Procedures for managing equipment (including replacement equipment); whether acquired in whole or in part under: a Federal award, until disposition takes place will, as a minimum meet with following requirements: 1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the :property (including FAIN), who hold title,. the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was. acquired, the location, use and condition of the property, and any ultimate disposition data include the date of disposal and sale.price of the property. 2) a physical inventory of the property . must be taken and the results reconciled with the property records at least once every two years. 3) The Requesting Department along with the Property Inventory Clerk should ensure that equipment is part of the control system to ensure Page 43 of 91 Packet Pg{ 757 C'6 b . adequate safeguards to prevent loss; damage, or theft of the property as set forth in Chapter 12 of the Policy..:Any loss; damage or theft must be. investigated. 4) The Requesting Department should ensure: that adequate maintenance procedure is performed to keep the property in good condition. 5) The. County shall follow the process as outlined in Chapter.12 and below to ensure the highest possible: return. i. The Requesting Department shall coordinate with the Property Inventory Clerk to provide information as needed for their records and to maintain. information and comply with the above.requirements d. Disposition: When the original or replacement equipment acquired under a Federal award is no longer needed for the original project or program or for other `o Activities currently or previously supported by the Federal: awarding agency, except as otherwise provided in Federal statutes : regulations, or Federal awarding ,.. . p agency disposition instructions, the County must:request disposition. instructions M from the Federal awarding agency if required by the terms and conditions of the Federal. award. Disposition of the equipment- will. be made as :follows, in . s accordance with Federal awarding agency disposition instruction: 1) Items of equipment with a current per unit fair market value of $5,000..00 or a' less may be retained, sold, or otherwise disposed of with no further obligation to y the Federal awarding agency._ .> 2) Except as provided in §200.312 Federally -owed and exempt property, paragraph (b), or;if the Federal awarding agency fails to provide requested co disposition instructions within 120 days; -item of equipment with a current per -unit fair market value in excess of $5,000 maybe retained by the County or sold. The N Cq Federal awarding agency is entitled. to, an amount calculated by multiplying the 0 current market value or proceeds from sale by the Federal awarding agency's cc. percentage of -the participation in the cost of the. original purchase. If ffie a equipment if sold, the. Federal awarding agencymay permit the non-Fe0eral entity , to deduct and retain from the Federal share $500 or ten percent of the proceeds; L) whichever is less,for its selling and handling expenses. 0 3) The :County may transfer title to the propertyao the Federal Government or to a an eligible third party provided that, in such. cases; the County:inust be entitled to Z compensation for its attributable, percentage of the current fair market value of the 55 a property. x 4) In cases where County fails to take appropriate disposition actions, the Federal Wn awarding agency may direct the County to take disposition actions. a c E m Page 44 of 91 Packet Pg.158,_ n d W ATTACHMENT A. co MEMORANDUM . N N O To: Purchasing Department VIA: County. Attorneys Office (for prior legal review/approval) o From: a Date: U Subject:. Reguest.for Competitive Solicitations D c� After obtaining legal approval, I have attached one (1) copy of the.competitive solicitation approved by legal and the Notice of Request for Competitive Solicitations, as it will publish, along with oneis (1) CD containing a copy of the approved competitive solicitation (in .pdf format) and a copy of.the a r notice, as it will publish, (in Word format) for: E s 0 (Name as appears on the, cover page of the Competitive Solicitation) 1. BOCC Approval Date: - Department Director Approval: Date: Date Received for Legal Review/Approval: . .... . Legal :Approval Date: Reviewing Attorney Opening Date Assigned by Purchasing: Date assigned: Page 45 of 91 Packet Pg: 759.`- Date Notice Transmitted to apers by Legal/Memo Returned to Department. 2. Require vendors submit 2 signed originals and.ong copy of their:bids (minimum: -required) or as. specified below. 3. Contact person/phone.#:for questions regarding specifications: :4. Advertising. expenses are to be charged against_ account: 5. Notice to run 21 3045 60 (circle one) or days prior to bid opening. 6; : To add "supplemental suppliers" :please provide company,name and email address .� (attach: list if more than one or more:room:needed). _ 0 a 7 In addition to the 3 local news a ers, p lease lace notice in the followin �:advertisin P.. P..: P P 9 9 � newspapers. Must have Department: Director approval for additional advertising, . o Enclosures .On. e. (1) copy of approved ,competitive solicitation, notice and one (1) CD a' . d CO r N N d - r Q Ci J a a9 a. x m --- ..... ij Page 46 of 91 Packet Pg 160 AT' ACHMENT B. :(Sample Form) NOTICE OF. REOUEST FOR COMPETITIVE SOLICITATIONS NOTICE 'IS HEREBY GIVEN that. on January 11, 2012 at 3:00 P.M. the Monroe County. 0 a, Purchasing Office Will receive and open sealed responses for: the following: TOM' S HARBOR CHANNEL. 0 BRIDGE REPAIR PROJECT DUCK KEY, MONROE COUNTY, FLORIDA ao Requirements for submission and the selection criteria inay'be:requested from DeinandStar by Onvia at www.demandstar.com ORwww:monroecountybidsxom or call toll -free at 1-800-711-. a 1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building-,.1100 Simonton Street; Room 2-213, Key West, Florida. All Responses must be sealed An and must be submitted to the Monroe. County Purchasing Office. C6 N N Publication=dates O d Reporter (Fr) 12/9/2011 CL Keynoter (Sit) 12/10/2011 Citizen (Fr) 12/9/2011.. c.� J a s9 z a x c.� o: a d E a Page 47 of 91 Packet Pg `161' C:6 b j ! ATTACHMENT B.1. APPROVAL TO ISSUE ADDENDUM All addenda to a- request for sealed competitive solicitations must be available for viewing on Demandstar no later than five (5) days prior. to the: advertised opening:(not counting the day CO of the opening) and/or. in compliance with. any other applicable requirements. Addenda shall �, clearly point out :any addition or change to the specifications. It is. the -responsibility of :the Requesting Department Director to ensure that :all . . addenda is reviewed ;and approved by legal prior to submission to Purchasing. a All addenda must be accompanied by this 4pprovdl to Issue Addendum form which must be w. S executed by the reviewing County Attorney or Assistant County Attorney and the Requesting : s Department Director -(as applicable) or their designee PRIOR to: submission. to :Purchasing for approval and execution by the Purchasing Director or designee. Addenda received by a Purchasing without this form or :without proper execution will be.returned to the Requesting N , Department Director:. 00 _. .. N N O County. Attorney or Assistant County Attorney Date a D ., , ... Departiiient.Director (or designee) Date U — O IL O z Purchasing _Director ,(or designee) . Date. c� o. c E c, a' Re: (Name as appears on the cover page of the Competitive Solicitation) Page 48 of 91 Packet Pg:i'1'6.2` . C 6 b ATTACHMENT �.2. MONROE COUNTY INVENTORY DELETION REQUEST TO:: , Property Clerk FROM: Finance Dept., Stop.8 DATE: 00 v 0 0 :a rn N !0 V 6. 3 d d N Gl _. Go t _. N N O CHECK ONE (1) APPROPRIATE LINE BELOW: 'O +� m v APPROVAL TO ADVERTISE FOR BIDS. APPROVAL TO DISPOSE OF IT. .. - .... APPROVAL TO REMOVE FROM INVENTORY AND DONATE TO: t� J O REASON FOR REQUEST: o- t9 _.. z Q x PREPARED BY: DATE: a Signature c d E DEPARTMENT DIRECTOR a APPROVAL: Signature Page 49 of 91 Packet Pg ,163 MONROE COUNTY f COMPUTER RELATED EQUIPMENT INVENTORY DELETION .REQUEST (ATTACHMENT B.3.) TO: ,Property Clank FROM: Finance Dept., Stop 8 DATE.: r Mk-, Serial, Date O * & Est:': I D. Number_ Number. Asset D.escri •tiori ,.. Purchased Present Value : i o` w _.. a .V �o a rn a •y lC .. t V CHECK ONE (1) APPROPRIATE LM BELOW: ... _ °* d APPROVAL TO ADVERTISE FOR BIDS. > APPROVAL TO REMOVE FROM INVENTORY AND DISPOSE OF IT. APPROVAL TO REMOVE FROM INVENTORY AND DONATE TO: 00 REASON FOR REQUEST: `- N N O •p r PREPARED BY: �. DATE: Signature ... �- J 0. . Printed Name . o. C7 F - DEPARTMENT DIRECTOR APPROVAL:. a Signature a� E t Printed Name cc INFORMATION TECHNOLOGY a APPROVAL: Signature Printed Name Page 50 of 91 Packet Pg `'164. MONROE COUNTY :FIXED ASSET TRANSFER FORM .(ATTACHMENT B.4.) TO: , Property Manager FROM:: ..... . FINANCE DEPT, Stop.#8 Page 51 of 91 wr Paekei Pg:�169�� • C6b - ATTACHMENT C. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS PURCHASING CARD. POLICY & PROCEDURES: PURPOSE:. To establish those procedures under which departments. will control the use. T of Purchase Cards assigned to and utilized by Board of County. Commissioners (BOCC) employees for purchasing non -restricted commodities and services. on behalf of the L BOCC. These procedures are intended to accomplish the following: ° 1 To ensure that .the procurement with Purchasing . Cards is accomplished: in accordance with the policy and procedure, established within.;this and other sections of this manual.: N. m 2: To enhance .productivity, significantly reduce paperwork, improve controls. and overall cost associated with purchases. -a 3. To ensure appropriate internal controls arc :established within each department procuring . with Purchasing Cards so that they .are . used only for authorized w -> purposes. 4. To have timely and meaningful management reports which. detail .and summarize periodic activity. 00 5. To ensure that the BOCC bears: no legal liability frorn inappropriate use of N Purchasing -Cards. N 6. To provide a convenient :method for purchases, consolidate payments, improveca : customer service, reduce transaction cost; streamline processes, and, capture a spending .information. 7: Ensure, prompt payment to vendors: v 8. Provide hard data on purchase activity with vendors in order to :achieve savings —1: by negotiated: discounts based upontthe volume of business with the vendor:. a 9. Specific advantages within the Purchasing Card Program: itself include the various c� Ways. that limits and restrictions can be established that allow :the tailoring of z , . w individual cards to. fit :the needs of the user. This will .extend purchasing responsibility to more individuals: than in the current purchasing environment, while. maintaining or even increasing accountability: a .. . The success of the BOCC Purchasing Card Program: relies.. on the cooperation and professionalism of all. personnel associated: with this initiative.. The most important participant is the Cardholder. The individual user.is the key element in. making this w program successful. q Finally, it is, intended .that the procedures established. herein: are viewed as minimum standards for each department, who may wish to establish additional controls beyond those suggested by the; procedures. Page 52 of 91 }Packet Pg "-166 I SCOPE: This procedure will. be applicable :to those departments who have selected employees to use Purchasing Cards to purchase goods, services, travel and training; or for specific expenditures' incurred under conditions approved by -these procedures, i.e. emergencies. The decision of when a Purchasing card is issued, to whom, ;.and the dollar limitations will be as requested by the Department Director and approved by the Office of Management and Budget Director and/or the -Purchasing Card Program Administrator. APPLICABILITY: This procedure applies to all departments of the BOCC. �. BACKGROUND: A number of unique controls have been developed for this program that does not exist in a traditional credit card .environment. These controls ensure that `o each card can be used only for specific purposes and. within specific dollar limits. In. addition, certification -of all purchases is. required by each. Cardholder, with verification o a _... _ performed by their immediate supervisor before payment is made to. the vendor. M N t LIMITS AND RESTRICTIONS: The. following limits can be uniquely established: a 1. Spending amount per day, billing cycle; and month. The Cardholder can only incur transactions totaling a. predetermined dollar amount within any .defined period. 2. Number of transactions per day, billing.cycle and month. The Cardholder can only incur a predetermined number of transactions within a predefined period. N 0 3. Single Purchase Amount: A limited dollar amount for any single transaction. Cardholders shall not split transactions to stay within their limits. 0 CL 4. Merchant Category Codes (MCC). The MCC are assigned by VISA to a w merchant which identifies the primary type of goods or service they provide. The MCC are designed 'to offer every combination possible and restrictions are a. imposed at the point of sale if the blocked merchant requests authorization for the z transaction. v) a x BENEFITS: There are many benefits to using the Purchasing:Card including: 1. Board of County Commissioners Benefits: . a a. Simplifies the purchasing process for ' the large number of low dollar purchases, freeing up time for large dollar purchases. _ b. Significantly reduces the overall transaction processing -cost per purchase. Y c. Increased accountability. a d. Provides .management information electronically which is currently unavailable. Page 53 of 91 Packet Pg 167 j C6 b,. . 2. Cardholder Benefits: a. Convenience of purchasing without an intensive. Requisition%Purchase Order processing system. b. Expedites the delivery -of goods or services to the job site.: . c.. Expands the list of merchants from whom purchases can be made. 3. Merchant Benefits: a. Expedites payment to the merchant within 48 hours b. Reduces merchant maintained "account" paperwork. CO C. Lowers risk of nonpayment. 0 w TRAINING: All Cardholders will complete:training before they are issued a Purchasing A c Card:. _a c 1. Participating in the Purchasing Card Program is a privilege being offered. by the BOCC. If the. County Administrator through the Purchasing Card Program Administrator becomes aware of any, or date approval of a transactions, Cardholderprivileges maybe cancelled. N 2: It is expected that the Purchasing. Card Procedures and training program will assist you in making this program a success. CO 1. CARDHOLDER SPENDING LIMITS N 0 1.1.. The Delegation of Authority that has been provided to each Cardholder R will set :the maximum dollar .amount for: each .single transaction up to a a maximum: amount of $2,499.99 at the Director. Level for the. small non - stocked products and services or for travel and training. Each time:A v Cardholder; makes. a purchase with his/her Purchasing Card, this limit will.. . ...0. . be checked, and the authorization request will be declined should the 0. amount exceed the limitation. Z z.. 1.2. Purchasing Cards issued to. the Mayor and. County Commissioners, County Administrator Assistant CountyAdministrators, Department � Directors, Purchasing Card Program Administrator, Purchasing a Agents/Buyers may be authorized for :a higher maximum: amount per c purchase. E s 0 1:3.: Purchasing Card Program Administrator or Backup Purchasing Card a Administrator may establish different limits for. each employee .with the recommendation of the employee's Department Director and approval by the County Administrator or. Assistant County -Administrator. Assistant County Administrators or Purchasing Director _. may, delegate authority when and where such action is deemed necessary. Page 54 of 91 Packet Pg,168 ., C;6b.., 2. USE OF PURCJASING CARD 2.1. THE PURCHASING CARD IS TO BE USED FOR BOCC PURCHASES ONLY. CASH ADVANCES THROUGH BANK TELLERS OR AUTOMATED TELLER MACHINES ARE PROHIBITED. 2.2. CARDHOLDER RESPONSIBILITY - The Purchasing Card that the Cardholder receives has his/her name embossed on it and the card shall co not be lent to any other person. Cn 2.2.1. Every .Cardholder is responsible for the security of their 0 >; Purchasing Card. All precautions shall be used to maintain confidentiality 'o of the Cardholder's account number and expiration date of the: Purchasing a Card. •N �o r 2.3. CONDITIONS FOR USE - The total of a single purchase to be paid for using the card may be comprised of multiple items but cannot exceed the q authorized single invoice limitation. Purchases will be denied if any preset y limits are exceeded. Payments for purchases are not to be split in order to stay within the single purchase limit. 00 2.4. When using -the Purchasing Card, Cardholders should: 2.4.1. Ensure that the goods or services to be purchased are allowable. o 2.4.2. Determine if the intended .purchase is within Cardholder's Purchasing. Card limits. _ v 2.4.3... Advise the' supplier/merchant that the . purchase will be made using the VISA Purchasing Card in advance. 2.4.4. Inform the merchant that the purchase is tax-exempt. Review the v receipt before leaving the ' store and if taxes were included, -' .O request a credit. a 2.4.5. If using the Purchasing Card for travel, membership dues, Z_ conference, training or other transactions that: require prior Q approval, make sure. all appropriate forms are completed and x v approved prior to making the purchase. a IS- When placing telephone or mail orders, Cardholders should notify the merchant in advance and request that a credit be processed for the amount _ of the tax charged. r 2.5..1. If you place a .telephone or mail order and sales tax was charged, Q. :contact the merchant, and request that a credit be processed .for the amount of the tax charged. Page 55 of 91 Packet Pg s169 2.5.2. Purchases made in Florida :and for use in I Florida are exempt from Florida sales, and use taxes.. ,The BOCC tax exempt identification number is printed on the Purchasing Card.. 2.5.2.1. As with all BCOC purchases; the Cardholder :iiiust be diligent When dealing with: the merchant regarding taxes. 2.5.3. Make. sure the merchantunderstands that charges are not to be billed until.the: iteig(s) are..actualiy received ..by the Go T- Cardholder. 2.5.4. If :an item(s) is not .currently in stock, and is back ordered, remind the merchant that the Purchasing Card cannot be: billed 0 until the back ordered item(s) are _ _actually received by the c a Cardholder. c 2.5.5. To ensure prompt .delivery of items ordered by telephone :or by mail, provide the merchant with the appropriate delivery :of IL information — do not use Post .Office Box :or"Ship To" address.: d Request that you name and "Ship To" . address with room number (where applicable) :are clearly marked on the outside of. the package: co P . .. 2.5.6.: Instruct the merchant to send the _sales receipt directly to the o Cardholder and not to. send an invoice to the .Clerk's Office, since the merchant will :be_ paid by the merchant's financial institution.: a 2.5.7. Tell the supplier/merchant that any shipping :or, delivery fees v must be included in the unit; price — FOB: Destination. (A, o delivery point in Monroe County.) . n- 16 _ Returning Merchandise Purchased:: with the Card = Cardholder is z co responsible for managingany returns/exchanges and ensuring that proper v credit is received for returned, merchandise. o: a.. 2.6.1. Contact_ the vendor and obtain instructions .for return. c 2.6.2. Review your next card statement to, ensure that your account is E properly credited for the return. :. 2.6.3. A pattern of returns and exchanges that indicate improper or Q inaccurate initial product selection. shall be reviewed and may result in loss of privileges for the card holder. :Page 56 of 91. Packet fig. 170 2.7 The Purchasing Card may be used for other travel or transportation related expenses as follows: . 2.7.1. When Cardholder must -check a bag, and the airline imposes :a charge;the: check bag charge is allowed. 2.7.2. A 20% tip for taxi drivers is allowed. The tip should not exceed 20% and should be included as part of the original transaction." c 2.3.3.. . Hotel internet charges necessary to, conduct OFFICIAL COUNTY BUSINESS while on County travel is allowed. v Traveler must certify on the daily transaction log and official c Florida State Travel Voucher that the expense was required to conduct County business. o a rn c 3. DOCUMENTATION, RECONCILIATION -AND. ..PAYMENT PROCEDURES L 3.1.. Documentation - Any time a purchase is made that will be .paid using the Purchasing Card, the Cardholder i.s to .obtain a customer copy:of the charge v slip, which will become the -accounting document: Make sure all carbons, if used, and any excess copies are destroyed. 3.2. Missing Documentation — Missing documentation .may . result in the N cancellation of the employee's purchasing card. NO exceptions will be o made. Cardholders must keep all receipts, boarding passes and any other documentation.such as packing slips registration, etc. as normally required by the Clerk of the Court for payment. CL 3.3. Payment and Invoice Procedures — Purchases made.by employees will be v paid by the Clerk's Office once the Cardholder's certification and the approving official's verification has been completed and the account a number has been assigned for. each transaction.: z 3.3.1. Receipts:: The Purchasing Card receipt or vendor.'s: sales receipt. _ for purchases must be supplied. When :purchases are conducted by.telephone, you inust.fill out the Telephone Order Forms and a request the vendor to forward the receipt to These receipts,. .you. :.and any Telephone :Order Forms, are to be stapled to the Daily Purchase Card Purchase Report. Failure to keep adequate receipts will lead to the loss of Purchasing Card privileges. M a 3.3.2. The Purchasing Card issuer, Bank of America, will 'provide. one copy of the billing statement to the Program Card Administrator at the end :of the billing cycle. The Cardholder may request a copy of the billing statement at any time. This statement will have a listing of all items :processed with the: billing cycle. In addition to the monthly billing statement, the Purchase Card Administrator Page 57 of 91 Packet P,g 771; G6 b or designee. will peiodically: review the Cardholder's statement using Bank of America's on-line services. 3.3.3. Immediately following a purchase, the Cardholder must submit the charge .slip... to his/her - department's director, via their :immediate supervisor. The charge slip must be stapled :to a completed Daily Purchase Card Purchase .Report. Non- comphance may mean denial of future use, or -other disciplinary o0 action. 3.3.4. The department's director :reviews the Daily :Purchase Card o Purchase: Report received from the Cardholder and where ,applicable, a "Statement of Dispute"; is attached. Once review is o completed, the department's director will ..forward to the Purchasing . Card Program Administrator within two (2) days N after receipt from Cardholder: The department's director will.fax all "Statement of Disputes" to Bank of America. 3 a. 3.3.5. Travel: The Purchasing- Card. Issuer will issue the "Statement" N on a scheduled .basis each month: It will be the responsibility of the Cardholder to provide his/her designated representative with the receipt for that month should travel or extended leave be °r° scheduled at :the time the statement is due and he/she will. not be 4N able to complete the statement. . The designated representative c Will complete and make a copy of the statementfor the absent CD employee, :and shall forward the copy of. the . statement to the cc Purchasing Card Administrator with the :rest of the Cardholder'sCL -statements. The original Cardholder :statement will be signed } by the -employee at the time he/she returns and: submitted. .O 3.3.6.. The Purchasing Card Administrator: will be responsible for a. reviewing completed statements from all Cardholders, verifying z approval of purchases, .resolving any questions on the purchases, a and signing the cover letter that accompanies the statements -and forwarding completed package with . all attachments to . the Clerk's Office within seven (7) working days after receipt from a. r. the department directors. All.statements. should be .furnished to . :Clerk's Office at the same time, -Should the Purchasing Card t Program Administrator not .receive all of the statements; it will o . be his/her .responsibility to :contact the appropriate department Q director and have the statements furnished at once. If, however, one or more. statements are for some reason not received, the remaining statements shall hot be held while that one or more are pending. Page 58 of 91 . . Packet Pg: 172 .C6b 3.3.6.1. All laid :attachments to the :Statement must be stapled to tie statement and be ,sent to the Clerk's Off -ice not later than the seventh working .day after being received by the Card Administrator. 3.3.7. If a Cardholder had no purchase activity on his/her credit card for a particular billing cycle, no Statement will be generated for the Cardholder (unless.. adjustments for previously billed transactions are processed during that cycle). 4. TRANSACTION APPROVAL. 4..1.. Approval of the transactions that a Cardholder had made using their 1. Purchasing Cards, will notbe.totally defined in this procedure. Department o Directors; because of his/her. knowledge of the job responsibilities of 1- Cardholder; are required to look at each Cardholder's purchases, and at the merchant who made the. sale. in order to determine if these items were for Official Use and if they were items allowed_ to be purchased in accordance with the instructions provided. a a m: 4.1.1. If for any :reason, the Department. Director questions the purchase(s), it is .his/her responsibility to resolve the issue with the Cardholder. If they cannot, be satisfied that the purchase was C necessary and for Official Use; this would include an accidental .- or inadvertent purchase, .then the Cardholder must provide an c immediate payment for. the. purchase or a Credit Voucher proving the item(s) had been returned for credit. o a 4.2. The County Administrator will be responsible for resolving abuses by each Cardholder: Appropriate disciplinary action will :be taken against any U Cardholder who misuses their privileges of up to and including dismissal. 0 a 4.2.1. Should it be evident that. an unauthorized purchase was z knowingly made, the County Administratorr will determine what co a action will betaken based on the facts presented by the v Purchasing Card Program Administrator. a 5. DISPUTES/UNAUTHORIZED CHARGES c E 5.1. If a suspicious charge appears on a monthly statement, the Cardholder should first attempt to verify the charge with records of purchase. If the a - Cardholder does not agree with the charge posted on the statement, the .Cardholder must notify the bank in writing, using the "Cardholder Dispute Form". A copy of the "Cardholder Dispute Form" will be forwarded with the statement through the end-of_month processing cycle for the statement. The bank will research the disputed charge and make the necessary adjustments. Page 59 of 91 ; Packet Pg;173 `: C6b ; 5.2 { Credit: to.. Account —When the bank receives proper notification of a disputed charge, ;the: charge amount will. be removed from the total owed by BOCC and shown on the monthly statement as.a "suspense" item. When the dispute is resolved., -the charge will. either be removed from the monthly. statement (if the charge was improper) or charged to the Cardholder's department (if research shows the charge was. valid). co: 5.3. If items purchased with the Purchasing Card are, found defective or .the o� repair or services: faulty, the Cardholder has the responsibility to return o item(s) to the merchant for replacement or to receive a credit on the >; purchase. (Returns that require shippiwill be coordinated through the - o Purchasing Department:). CASH REFUNpS WILL NOT BE o. PERMITTED.. If -the merchant refuses :to replace or correct the faulty item, 0 then. the purchase of this item will be considered to be in DISPUTE. 5.4. A disputed item must be noted on the Cardholder's Statement. In addition; a' .a "Cardholder's Statement of Disputed Item" form must be .completed by y the Cardholder with appropriate documentation attached, if necessary. This form will be forwarded with the statement through the end -of -month processing cycle for the statement. co 5.5. Disputed items are items that the customer (County) does not believe c he/she has received the item purchased, or the item .has .a defect. The dispute must be resolved between the merchant and the cardholder before �. any payment can be made. 5.6. It is essential that the time frames .and documentation requirements ::established :by the Purchasing_ Card Issuer be followed: to protect the o Cardholder's rights in dispute: Dispute policies and procedures issued by .0. the .Purchasing Card Issuerwill be provided at the time Purchasing :Cards z are issued to Cardholder. U) Q 5.7. Fraudulent or improper items. may be covered by the Liability Waiver. x However, disputed items are not considered fraudulent. n. c d E 6. REOUEST FOR INITIAL, ADDITIONAL OR CHANGES TO PURCHASING CARD. 6.1. Requests for a new Cardholder or changes to a current Cardholder will be done by submitting. "Request for Purchasing Card" form, The Form will ..be processed by :the affected Department Director, who will forward the request.to the Purchasing Card Program Administrator. Page 60 of 91 Packet Pg174. 62.: All requests for :Purchasing Cards must be a�proved by the Purchasing Card Program Administrator and/or the Office of Management. and Budget Director. 6.3. The Purchasing Card Program Administrator's name must be provided to Clerk's Accounts Payable/Receivable Department and kept current.: 6.4.- When Purchasing Card Program Administrator receives the Purchasing Card from the credit card issuer; they shall print, on the back of the card. the following. statement: "SEE DRIVER'S LICENSE" 7. ANNUAL INVENTORY OF PURCHASING CARDS On an annual basis, the Purchasing Card Program Administrator will provide a list of Purchasing Cards issued to employees far each department. The. Purchasing Card Program :Administrator will conduct a physical inventory of Purchasing Cards and prepare:a report on the results of the physical inventory. Additionally; spot check inventories of partial or whole departments may be. held at any time and without prior notification. 8. LOST OR STOLEN PURCHASING CARDS 8.1. Should an employee lose or have their Purchasing Card stolen it is the responsibility of the Cardholder to. immediately notify the credit card . issuer, their Department Director, .the Purchasing : Card Program Administrator and the Clerk's Accounts Payable/Receivable :Department of the loss. The telephone: number of the credit card issuer will be provided when the Purchasing Card is issued to the Cardholder. 8.2. To report a lost/stolen.card' The -Cardholder must call Bank of America, Customer Service, at 800-538- . 8788 immediately upon discovering that the card has been lost or stolen. Help is. available 24 hours. a day. Also call the. BOCC Purchasing; Card Administrator as early as possible on the first available business day during normal business hours at (305) 2954315. 8.3. Failure to promptly notify the issuing bank of the theft, loss, or misplacement of the.Purchasing Card could make the BOCC. and/or the Cardholder responsible for any fraudulent use of the card and result in loss of privileges andor disciplinary action for the Cardholder: 9. EMPLOYEE TERMINATION/TRANSFER Page 61 of 91 Packet Pg 175 , C6 b. 9.1 A Cardholder who terminates . eir' employment must relinquish their Purchasing Card at :the time of the separation from BOCC to.. their Department Director who will forward the card to the Purchasing Card Programs Administrator. The : Purchasing Card Program Administrator -will notify the. bank and the Cardholder's card will :be immediately deactivated. A Cardholder:who fraudulently: uses the Purchasing Card after separation from BOCC will be subject to legal action. 9.2. Transfer of an einployee..within their Department = If:a Cardholder is 7. transferred with their department, it will be : the responsibility of the Department Director to determine if the Cardholder_ should.retain His/her o .:current Purchasing Card. If it is. determined that the . Purchasing Card should :be kept by the Cardholder, the master file will be changed upon o notification to the Purchasing Card Program Administrator, using the a New Card/Change From, thereby eliminating the need for:issuing a new = Purchase Card. s y 9:3:.; Transfer of an employee to another BOCC Departinent_- :If a Cardholder a' is transferred to another BOCC department, it will be the responsibility of Q the new Department Director to determine if the Cardholder should.retain his/her: current Purchasing Card. If it is .determined that the Purchasing Card should be kept by the Cardholder; the master file will be changed CO upon notification to the Purchasing :Card Program Administrator, using - the New Card/Change Form, thereby eliminating the need for the issuing o of a new Purchasing Card. .r 9.4. Purchasing cards cancelled for any reason, shall be destroyed by cutting it m c. down. the center of the magnetic strip and :returning both parts: to the Purchasing Card Program Administrator for recording and destruction. } v J 0 AUDITSiAMEWS a. z 10.. The Card Program Administrator may randomly review Card activity and usage and receipt retention.for compliance. 10.2. -. The Clerk's office may conduct random audits on card activity and usage a and receipt -retention, reconciliations, _compliance, etc. E 11. FEEDBACK Your feedback.regarding this.program.is important.. The.Purchasing Card Program w a Administrator:needs to know .if yoti.have any issues and -we welcome suggestions for improvement. Page 62 of 91 Packet Pg �°176� , C6 b 12. ACC OUNTING/P.URCHA�ING PROCEDURES AND ACCOUNTING/TRI VEL AND TRAINING PROCEDURES These procedures must be in compliance with Monroe County's "Purchasing Policy and Procedures andmust be incorporated with -the State of Florida Purchasing Card Guidelines, where applicable. 13. MERCHANT SIGN-UP It is important to the success of the Purchasing Card Program that merchants interested in doing business with the BOCC "via the Purchasing Card receive `o assistance in doing so. If"merchants currently accept VISA credit cards, they are >; already equipped to accept BOCC Purchasing Cards._ A merchant:who is not o currently accepting VISA credit cards should contact the Bank of America �- merchant service provider, their own financial institution, or other merchant c service provider. s L a V m .. N d CO r. N N O d a U D O a c7 z a x o_ a c as E s cc Q Page 63 of 91 Packet Pg a 177 .` QUICK REFERENCE I 1: What is a Purchasing Card? ■ A credit card that is used as an alternative payment method for small dollar and travel and training expenditures for non -stocked products:and services, for .travel and training, .or as otherwise approved for the individual Cardholder. 2. What re theadvantages of using. the.Purchasing Card? r ■ Improved user satisfaction . due to prompt' order confirmation and accelerated product receipt. `o ... Improved vendor relations by eliminating the potential for late payments; the vendor is paid within 48: hours. o a 3. Who may have a Purchasing Card, and how do: you obtain one?. ■. Any Commissioner and/or em to ee res responsible. for makin p Y p g.pure ases � . that is. recommended by their Department Director and is approved by the Purchasing Card Program Administrator. a a m. 4. What is the responsibility of the Cardholder? "> ■ Upon acceptance of the Purchasing Card, employee must sign a "Cardholder Agreement". Signing .: this agreement, . acknowledges CO employee receipt of :the card and acceptance of responsibility for abiding N by the terms and conditions of the agreement.. o ■. Ensure that usage of the card conforms to procedures and that the card is o used only: for official business: purposes. ■ Cardholder will obtain and verify charge receipts after each purchase and a attach to: the Daily Purchase Card Purchase Report. ■ Cardholder must obtain their Department Director's approval on the Daily Purchase :Card Purchase: Report, J ■ Initiate and handle disputed charges. a. 0 z U 5.. What is the Department Director's _responsibility? : v ■ Identify and recommend employees who :should .be issued a Purchasing -Card.a Identify and recommend limitations. c ■ Ens -ire.. that the Purchasing : Cards used in ;their; department :coriforin to E E BOCC policy and program guidelines as well as the Purchasing manual. ■.. Review and sign ;detailed Daily Purchase Card Purchase Report. a ■ Forward Reports with receipts to the Purchasing Card Program Administrator. Page 64 of 91 `Packet Pg� �178vV 6. What is the responsibility of the Purchasing Card Program Administrator? ■ Manage, authorize, . terminate, and maintain. a' file of individuals authorized to conduct Purchasing Card transactions. ■ Respond to questions concerning Purchase Card expenditures. ■ Periodically review: Cardholder's activity using Bank of :America's on- line .services. 7. How: are purchases made? ar ■ Cardholder calls or visits vendor and places order.. CD ■ Cardholder provides the vendor with the Purchasing Card number and delivery instructions. c 8. Does the Purchasing Card have a spending limit? 0 ■ Individual transactions limited up to a pre -approved amount for small a. non -stocked products and services, for travel and training, or as = otherwise approved by the Purchasing Card Program Administrator under the. direction of the Office of Management and Budget Director and the County:Administrator. a. a d 9. What happens if the statement is incorrect or an item needs: to be returned? d ■ Cardholder notifies credit card issuer if incorrect charge is identified :on the statement. co Cardholder works with the vendor to arrange for returns and credit. N ■ Cardholder verifies that credit appears on next statement. o 10. What types of purchases are.allowable? ■ The Purchasing Card is to be used for purchases of small :dollar o. expenditures. These items can be purchased and picked up directly at the vendor, or can . be ordered by telephone or fax and delivered to the Q_ Cardholder.. :3 0 IL 11: What_ purchases are disallowed? z ■ The Purchasing_Card cannot exceed limitations placed on the individual a card for non -stocked products and services, for travel and training or as x c� otherwise approved by the Purchasing Card Program Administrator. ■ Splitting of requirements — not allowed. a ■ . Entertainment c ■ Meals - The County has an ordinance in effect with respect to. meals, E please see Ordinance No. 009-2015.. Restaurant commodity codes will be excluded and meals are prohibited. Q ■ Personal use. ■ Cash advance. ■ Gasoline. ■ Vehicle Repairs (excluding Fleet Management). ■ Alcoholic beverages. ■ Tobacco products. Page 65 of 91 Packet Pg, '179. -; Non -work or personal use items and s rvices. ■ Services such as consultants or construction. ■ Telephone Credit Card. 12. It should be noted .that .the :Purchasing Card will be used by -designated personnel to pay for issued Purchase Orders and other purchases, not available to the. general users. DEFINITIONS co 0) Appointed Representative - An individual the Department Director selects to act on theiro v behalf Approver - A.person delegated the responsibility of reviewing Cardholder :transactions to 0 ensure the appropriateness of activity and timely processing of charges (Department a Director). c Billing Cycle. - The monthly, billing period that begins. the 4t . day of each month and ends cc the 271h day of each month with a 1-4-day grace period before payment; is due. L Cardholder = The BOCC .employee to whom a written Delegation.of Authority has been a' given granting the use of the Purchasing Card to make purchases within present limits- on N behalf of BOCC: A Cardholder Profile — Parameters that are set for a designated Cardholder that identify the Cardholder, sets default accounting codes, and ,provides restrictions: or spending limitations o0 in the Purchasing Card system. N Cash Advance:= Prohibited on the Purchasing Card as: well as personal purchases. c Charge Slip/Documentation — Itemized list of individual purchases on receipt- Contractor/Issuer — Bank. of America.: Credit— Charged amount removed from total owed by the BOCC. a Cycle Limit - A.maximum dollar value of charges and/or number of transactions that may be :applied to a Cardholder's purchasing authority for the billing. cycle. Daily Limit - A maximum dollar value :of char es and/or nuniber: of transactions that may g.. Y � o be applied to. a Cardholder's purchasing authority per day. n Delegation of Authority = A document . issued by the Purchasing Card. Program z Administrator that established the individual. as an authorized Cardholder. The delegation of authority will specify spending and usage limitations: unique to that Cardholder. v Delivery Address — Complete address including Cardholder's name and room number. (where applicable); a Designated Representative — Department Director is to review Cardholder's monthly c statement's.receipts and transactions to ensure the appropriateness of activity and timely processing -of charges and/or credits applied to that department. � Dispute — For items purchased and found defective or faulty, the Cardholder can return the a item to .the .merchant who will initiate a "credit that .will appear on the next month s. statement of account. MC.0 - Merchant :Category Code assigned to -merchant by the Credit'Card Company, i.e. VISA,: which identifies. the: primary goods.or services provided by the merchant. Monthly Limit.- A maximum dollar'value of charges:and/or number of transactions that. may be applied.to a Cardholder'-s purchasing authority :during a month. Page 66 of 91 Packet Pg 1,80 ; C6 b Non -stock Materials _:Materials of available through supply inventory. Official Use - Necessary merchandise purchased for B.00C use. Payer- The payer will be Monroe County Board of County Commissioners, through the Finance Department, ensuring that adequate:or appropriate accounting codes are assigned. Normally, this will be the last level of review prior to processing for payment but is not part of the "approval" levels. Purchasing Card — A credit: card that is used as an alternative payment method. Purchasing Card Programs Administrator = The individual who is responsible for the Go Board of County Commissioners' (BOCC) Purchasing Card Program. r o� Reconciler - The individual who reconciles Cardholder receipts. Reconciliation — Balancing charge slips with bank statement. `o Services — Non -personal temporary work. >, Single Purchase Limit — Each Cardholder will be limited to a preset maximum amount c on any single small non -stocked product or service, for travel and training or as otherwise a determined by the Purchasing Card Program: Administrator. _ Small Purchase = An acquisition of supplies; and non -personal services in the amount of $999.99 or less: and purchased without a Purchase Order. 3 Statement —Monthly record of charges and -credits. a Tax Exemption — All purchases shall be exempt from state -and local taxes, in accordance w with state law:: T N N O d w !C D V ..I a c� z U) Q x U a r c m E t U c6 Q Page 67 of 91 . Packet.Pg 181 ': G.6.b MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PURCHASING. CARD To: Purchasing Card Program Administrator From: DEPARTMENT NAME r Subject: REQUEST FOR PURCHASING CARD 0 Request the following employee be authorized a BOCC Purchasing Card: 0 a a� c Full Name: (Type or Print) 0 t Sample Signature: a .o d Title: Employee Number: d Florida Driver's License## c N -Immediate Supervisor: N .a d Restrictions: Single limitation: $ ... a Monthly limitation: $ Types of products to be authorized: a c� z a x c.� IL d COUNTYADMINISTRATOR! PURCHASING CARD ADMINISTRATOR E ASSISTANT COUNTY ADMINISTRATOR (TYPE OR PRINT) .(TYPE OR PRINT) a SIGNATURE OF COUNTY ADMINISTRATOR) SIGNATURE OF PURCHASING CARD ADMINISTRATOR ASSISTANT COUNTY ADMINISTRATOR cc:. Authorized Employee Page 68 of 91 Paeket Pg. t82 CARDHOLDER AGREEMENT Please review the terms stated below and sign: . I agree.to use this Purchasing .Card only for actual and necessary BOCC business CO expenses incurred by me in accordance with ;the BOCC Purchasing Card Procedures: c w I have read the Purchasing Card Procedures, and agree to abide by the procedures A c contained therein. I acknowledge that use of thiscard for any purpose other than a B.00C approved business expenses are: prohibited and will be grounds ..for corrective action, up to and including termination.. In addition, I agree that I must reimburse :the BOCC for any such charges. a I - agree to surrender the Purchasing Card immediately upon retirement, y termination or upon request of an authorized representative of the BOCC. I understand.that use of the Purchasing Card after privileges are withdrawn is prohibited. Go If the card is lost or stolen, I will immediately notify the issuing bank. (Bank of o .America) by telephone. I will -confirm the telephone notification by mail or facsimile to the issuing bank and with a copy to my Department Director and the Purchasing Card Program Administrator. I understand that failure to promptly notify the issuing bank of the theft, lost, or misplaced Purchasing Card could make , me responsible. for any fraudulent use of the card. J 0 Bank Contact: Jeri Winkleblack, Vice President, Florida Account_ Manager a. 850-561=1737 Fax:85.0-561-1965 z v� a Customer Service: 800=822-5985 Fax: 757-823=7473 v Cardholder: a TYPE ORPRINT NAME d E Signature: Date: . w Department:... Phone Number: . cc:. Cardholder Page 69 of 91 17 Packet Pg:.'183 .; Monroe County Purchasing Policy and Procedures MONROE COUNTY BOARD OF COI NTY COMMISSIONERS DAILY PURCHASE- CARD PURCHASE REPORT Cardholder (Type Name): Statement for the Month of: Department Director: Department Ext. c 0 Date Receipt Inv. # *Attached Description of Purchase Merchant's Name Dollar Amount of Purchase Dispute( d)/ Credit Cost Center/Account # `o w. 0 a rn _c �N f0 t V 7 a v d m 00 T N N O d N -dholder's Signature: a -ctor's Signature for Approval:. U D Monroe County Purchasing Policy and Procedures Bank o. America Phone 1-800-538 9788 Fax 1-800-253-5846 Outside of U.S. (757) 677-4705 Fax (757) 677-4361 Attn: Commercial Card Services CARDHOLDER STATEMENT OF DISPUTED ITEM Company Name: Cardholder Name: Cardholder Account Number: Statement Date Transaction Date Merchant Name/Description Amount .:. Posting Date .. Reference Number . Check the description most appropriate to your Dispute. If you have any questions, contact Bank of America at 1-800- 538-8788. I. Alteration of Amount: The amount of the sales draft has been altered from $ . to $ (Please include copy of sales draft.) 2. Unauthorized Mail or Phone Order: I certify the charge listed above was not authorized by me.or any person authorized by . me to use this account. I have not ordered merchandise by phone or mail, or received goods and services as represented above. 3. Cardholder Dispute: I did participate in the above transaction, however, I dispute the entire charge, or portion, in the amount of $ because: 4. Credit Not Received: The merchant has issued_ me a credit slip for the transaction listed above, however, the credit has not posted to my account. The date on the voucher is between 30 and 90 days old. (Please include a copy of the credit voucher.) 5. Imprinting of Multiple Slips: The above transaction represents multiple billing to my account. I only authorized one charge from this merchant for $ I am still in possession of my card. 6. Merchandise Not Received: My account has been charged for the above transaction, but I have not received this Merchandise. I have contacted the merchant. Page 71 of 91 ..' P iket`P;g 185 G6b" Monroe County Purchasing Policy and Procedures 7: Merchandise NotlReceived: My account has b. en charged for.the above transaction, but I have since:contacted the merchant and canceled the order. I will refuse, delivery should the merchandise still be sent. & Merchandise Returned: My account has been charged.for the transaction listed above, but the merchandise has been returned. Provide a description.of the circumstances. (Please include postal 00 receipt if applicable.)- 9. Inadequate Description/Unrecognized Charge: C) I do not recognize this charge, please supply a et copy of the sales draft for my review. 10. 1 am no longer disputing this charge. A 11. Other/Comments p a m c N R L V 7 O. V d N O N N O d �9 C. } U J 0 a 0 z Q x U a r c d E L a Page 72 of 91 Packet P9 1!86 PURCHASING CARD TELEPHONE ORDER! (For Internal Use Only, Retain With Receipts) . Reminder: Board of County Commissioners is exempt from Florida Sales Tax. Give vendor the tax exemption number on the Purchasing Card. It is the Cardholder's responsibility to obtain receipts from telephone purchases, attach them to this form, and forward this form and the receipts with their monthly statements. Supplier Name Phone Number Date Order Placed Order called in by (Cardholder's Name) Order Called to (name of, supplier's representative). Item # Detailed description of items/services ordered (size, etc.) U/I Quantity Cost per U/I Extended Cost: TOTAL PURCHASE: $ Page 73 of 91 T„ CD v `o w 2 0 a c cU r L a V d N d 00 N N O d ca M a U J 0 a c� z a U a c d E s R Packet Pg 187 C:6ai Monroe County Purchasing Policy- and Procedures i ATTACHMENT D. j FORMS: L Monroe County Purchasing Authorization Form 2. Monroe County Request .to Purchase Form 3. Monroe County BOCC Audit Slip CO 4. Business Card Order Form 5. Vendor File Request form L 6. Contract Summary, Form for Contracts Less Than $.50,000.00 7; Contract Renewal Form for: Contracts Less Than $50,000.00 0 a .... . t c R u a -a d N •d CO N N O 10 '8 a U O a O z a x U a. c m s co Q Page 74 0f:91 Packet Pg 188 ca,b Monroe County Purchasing Policy and Procedures MONROE COUNTY PURCHASING AUTHORIZATION FORM — (D.1) Employee: Title: Name First Last Department: Log -on ID: Phone #: Ext.: . (Finance Plus) Location: Courier Stop # LEVEL OF PURCHASE AUTHORITY PLACE "X" IN THE BOX TO INDICATE LEVEL/TYPE OF AUTHORITY ::. PURCHASINGLEVELS '" PURCHASINGAUTHORITY = FOR TOTAL DOLLAR'AMOUNT (WHO APPROVES"/PAYS) ::AUTHORITY LEVEL $.01 - $1,000.00 Department Director or their designees. Request to Purchase form/Purchase Order not required. $1,000.01 - $5,000.00 Department Director or their designees. Requires Request to Purchase form or electronic to Purchasing. For Purchase of $3,500.00 or more three (3) or more price quotes are also required by the Requesting Department. $5,000.01 - $10,006.00 Department Director or their designees. Request to Purchase form along with three (3) or more price'quotes as documented by re uesting Departments. $10,000.01 - $19,999.99 Department Director only. Request to Purchase form' along with two (2) or more price quotes as documented by requesting Departments. $20,000.00- $49,999.99 Request to Purchase form along with three (3) or more County Administrator, price quotes. Requesting Department will solicit bids; Assistant County Administrator or Purchasing Director only $50,000.00 AND OVER Competitive, Bid process BOCC BOCC prior approval required. Governed by County ordinance, as supplemented by the Purchasing Policies and Procedures Manual. COST CENTERS Employee Signature Approved By:., Department Director PURCHASING USE ONLY: Data received & sent to Finance ( ) Purchasing Section Initials Date Initials Approved By: County Administrator Assistant County Administrator Purchasing Director Page 75 of 91 '�P�ackeY�;Pg.1,89 C:6:b Monroe County Purchasing Policy and Procedures MONROE COi NTY BUDGET & FINANCE I PURCHASING -DEPARTMENT PH: 3:05-2924453 FAM 305=292-4515 REQUEST TO PURCHASE (D.2.) To: Purchasing Department Date: From (Dept.): Purchasing Approval: Do Do rn Name: By:. v o` Phone/Ext: Account: 0 a. rn Ship. Code. to Location:- ... -. -. Grant/Project s Qty. Unit .::Prod.# Description Unit Total Cost Acct. # n. Cost d N • — C1 .... . .. ...- .. :'. .. .: .. CD N N O a m .a ........ ...... a U_ _l O a . :: c� z a Total v Items needed. by: Vendor Name: a= c t Remarks/Recommendations: a Administrative Instructions: Reviewed ( ) By: Date: Purchasing Office use .only: Reviewed :( ) By: Date: Revised BOCC 3115/17 Page 16 of 91 Packet Pg. 190` , C6.b Monroe County Purchasing Policy. and Procedures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUDIT SLIP (D.3.) Vendor Name . Vendor Number invoice # Invoice Date co r 01 Invoice Amount $ Fund / (Optional) (Optional) 0 Cost_Ctr Account # Project # Project Acct Amount 'o a a� c Description (Opt) �a L _ a Description (Opt) Mn Description (Opt) co r N - N O Description (Opt) a� m v a Description (Opt) --- -- w J 0 Review Signature . :.. Date ...: a c� Approve to :$:1,000.00 Signature ..... - Date — $1000.01 to $5,000.0.0 Signature Date ... . $5,000.01 to $10,000.00 Signature Date a $10,000.01 to $19,999.99 Signature Date 0 E E $20,000.00 to $49,999.99 Signature Date ¢ $50,000.00 & greater BOCC Approval Notes: Only one invoice peraudit slip, please! ! BOCC Depts. complete all areas. Invoice # must be the invoice number from the vendor's invoice. Description is a 25=position field for additional information. Revised BOCC 3/15/17 Page 77 ot-91 Packet! pq. 191 :. C:6:b Monroe County Purchasing Policy -and Procedures. i BUSINESS CARD :ORDER FORM (1) (2) .(3) (4) 0 a rn c YOU ONLY HAVE FIVE 5 LINES; TO PRINT INFORMATION. .N a d PLEASE TYPE AND DOUBLE CHECK THE INFORMATION, THIS FORM WILL.BE. > SENT TO :THE VENDOR..00 r BELOW IS A SAMPLE OF THE STANDARD MO-NROE COUNTY BUSINESS N N CARD. - C. ATTACH. THIS FORM TO A. REQUEST TO PURCHASE FORM AND'RETURN ' TO THE PURCHASING OFFICE. J: . IL BUSINESS CARD ORDERS ARE PROCESSED AND ORDERED UPON .RECEIPT. z a. x a c d. E t 0 a OMB FORM:02/27/2014 Page 78 of 91.. ..: Packet P,g:'192:':' Monroe County Purchasing Policy -and Procedures BOARD OFOUNTY COMMISSIONERS MONROE COUNTY, FLORIDA ATTACHMENT D.5 New: ❑ Vendor: Posted By: Date: Change: ❑ "See:Note Below" VENDOR FILE REQUEST FORM Vendor Name: Search Name/Abbrev.: Street Address: P. O. BOX' City/State:. Zip: Phone: Remittance Name & Address (If different from above) Vendor Na -me: Search Name/Abbrev. Street Address: P: O. Box: City/State: Zip: Phone: Contact Name: Contact Phone: Tax ID Number or S.&N. 1099 Type Fax Number: ❑ A Attorneys 1099 Required: Yes ❑ No ❑ ❑ M Medical/Healthcare Pints If yes, please check 1099 type. ❑ N Non -Employee Comp Notes: ❑ O _ Other Income ..--------------------------------------------------------------------------- ❑ R Rentals ***** Requested By: Dept.: Date: ALL DEPARTMENTS Submit this form electronically, with the required W-9 attached, to the Clerk's Finance Department. Finance will process with a maximum turnaround time of 24 hours. This forin must be accompanied by a W-9 to set up a new vendor or if the vendor information has changed. *Note* In order to change vendor information, supporting documentation must be attached. Requesting Department must comply with Chapter 2.1 D.6. when submitting this form.Revised BOCC 3/15/17 Page 79 of 91 00 o� u 0 IL rn c s u a v d d c N O v v Q. } U J O IL O z a x D IL c E r U a ;Racket Pg,'193 Monroe County Purchasing Policy and Procedures ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract.with: � .. - Contract # Effective Date: Expiration Date: Contract Purpose/Description: Contract is Original ;Agreement Contract Amendment/Extension Renewal W Contract Manager: � (Name) (Ext.) (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $�� Current Year Portion: $ (must be less than $50;000) Budgeted? Yes❑ No ❑ (If multiyear agreement then requires BOCC approval, unless the total cumulative amount is less than j S50.000.00). Account Codes: - - - - Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated. Ongoing Costs: $ /yr For: (Not included in dollar value above). e.g. maintenance, utilities, janitorial, salaries, etc.) _ CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Department Head Yes❑ No❑ Risk -Management Yes❑ No❑ O.M.B./Purchasing Yes❑ No❑ County Attorney Yes❑ No❑ Comments: Page 80 of 91_ Packet.'Pg, 194- Monroe County Purchasing- Policy and Procedures ATTACHMENT D.7 COUNTY ADMINISTRATOR CONTRACT RENEWAL FORM RM I FOR CONTRACTS LESS THAN $50,000.00 Contract with: Contract# Renewal Date: Expiration Date' Contract Renewal Notes:, FAILURE: TO MEET ONE OR MORE OF THE CONDITIONS SET FORTH BELOW WILL REQUIRE APPROVAL BY THE BOCC EiThe BOCC approved agreement provided for a renewal subject to the terms and conditions set f6fth in in -the initial contract. ElThe Contractor has performed in a satisfactory manner and the contract :manager has verified satisfactory performance El The Contractor has requested and agrees to renewal (renewal agreement should first be signed by -Contractor) El The renewal period is set forth in the BOCC approved agreement D The total cumulative value, including any Consumer Price Index (CPI) increase, of the renewal is less than $50,000.00 The following Contract Manager has verirled that the above conditions have been met: Contract Manager: (Name) (Ext.) (Departrnent/Stop #) Page 81 of 91 AFk6t Pg. 1,95 C:6.b Monroe County Purchasing Policyand Procedures FEDERAL FORMS TO BE USED WH& FEDERAL FUNDS ARE UTILIZED OR EXPECTED TO BE UTILIZED AS SET FORTH IN CHAPTER 14 00 r., 0 w u 0 a c a .a d N a) co N N O .8 d �9 a U J a c� z d x U a t Monroe County Purchasing Policy and Procedures ATTACHMENT E.1 Monroe County Procurement Form (For all Purchasing Over $3,500.00) Reguirement(good/services .to be procured): If brand name or equal salient characteristics are: Market Research: Research Method: Internet (.... . ❑Prior procurement files ❑Personal Knowledge of Local Trade Area (_ ❑ Other Potential Sources Estimated Purchase Price: $ Additional Considerations: Considered Notes: Federal Surplus Property ❑ Aggregates or Break Up Purchase 0 Lease vs. Purchase ❑ Planned/Expected Contract Type: ❑Fixed Price (including fixed price per unit) OCost Reimbursement plus fixed/fee/profit ❑ Other: Notes: cost plus percentage -of -cost is prohibited; time and material has restrictions (See §200.318.6)(1) Go C 'N Packet Pg. 1. 7.. Monroe County Purchasing Policy and -Procedures ATTACHMENT E.1 Monroe:County Procurement Form (For all Purchasing Over $3,.500.00) Procurement Method: w ❑Micro -Purchase (Less than $3,500.00) ❑Sole Source Over $3 500.00 ❑Small Purchase Procedure ($3,500.00 Up to Noncompetitive -proposals Justification (refer to $49,999.99). ❑Written Solicitation of Price Chapter 14/2 CFR 200.320(f): Quotes (Please include) ❑Oral Solicitation of Price Quotes (attach documentation noting oral price quotes) Vendor contact information/Price quoted ❑Co.mpetitive Proposals. ($50,000.00 or more) ❑Sealed Bids/Competitive Solicitation 450;000.00 or more) Notification/PubReation Plan: lU/A ifMicro-Purchase; Must be formally publicized:if 'estimated d Piirchase Price" is in excess of$50,000. Q, } J Signature S1g11'ature O Printed Name Printed Name a t� z Title/Department Title/ OMB Department: a _ t� a c d E t 0 R a Page 84 of 91 Packet Pg;198 ca,:e Monroe County Purchasing Policy and Procedures ATTACHMENT' E.2 Monroe County Procurement Form (For all Federal Competitive Solicitations of $50,000.00 or more) Solicitation Issue Date:. Requirement (goods/services to be procured): CO L O Res onses/Bids/Offerors Received: a Name Date Received/Bid opening Date Checked in SAM/DMS/etc. as per Entity Checklist (Attachment E.3) U 0 IL .y t L a a� o: CO r- T N N O Selected Firm/Person/Entity/Company: _ . c� n. Selection Rationale: The bid/Proposal was most advantageous. to the County, price. and other factors M considered because >- (J J O O z rn Price Reasonableness Assessment: a x U M a ❑Bonding Requirements are iricluded: 5% of the bid price and Performance Bond of 100% of the contract price and Payment bond of 100% of contract price. *Rationale should be Consistent with RFP's stated evaluation:factors *Rational should be consistent with Written Evaluation Plan a Signature Signature Printed Name Printed Name TitIle/Department Title/ OMB DepartmentATTACHMENT E.3 Page 85 of 91 Packet Rm 199. Monroe County Purchasing Policy and Procedures Debarred, Suspended or Ineligible Entity Checklist Entity Name: Federal/State Funding Agency: . Federal/State Funding Program: Federal Excluded Parties List System (EPLS): Yes ❑ CO SAM.gov No ❑ CD v State Convicted/Suspended/Discriminatory/Complaints Vendor Lists: Yes ❑ dims.myflorida/com No ❑ a 0 US DHHS. List of Excluded Individuals and Entities.(LEIE): Yes ❑ a t Exclusions/oig.hhs.gov No ❑ IL Verified By: y Signature Date CO Printed Name Contract/Grant Manager N CD Title, Department a U_ Reviewed By: O a c� z_ Signature cn a x c.� Printed Name a c a� E Title/OMB Department o a . Hurricane Request for Purchase ATTACHMENT E Page 86 of 91 Packet'Pg- ?to C6 Monroe County Purchasing Policy and Procedures Date of Request: Requester Name: Requester Signatui Requester Phone: Requester Emai.k ....... . Requesting Department: Vendor Name: Request: Reason for Request --how was:this caused by the hurricane? Type of puYctiase: Replenish Stock .... New Items/Materials Repair Work- : Replacement due to damage Where are the items/materials being used? What is the location of the repair. or replacement work? If repair or replacement, is this temporary or permanent? Temporary Permanent Priority: Low Routine Urgent _. a Order Details: v Qty. Item Description Cost per Unit Total.Expense p _ z cn - B x_ v IL . u E Total Cost: Q Please attached required number of quotes for the amount of this purchase: Purchasing Approval: Cost Center Account Project Account ATTACHMENT E.5 Page 87 of.91 Packet Pg: 201 Monroe County. Purchasing Policy. and -Procedures MONROE COUNTY BOARD OF COUN' Y COMMISSIONERS, HURRICANE AUDIT SLIP Vendor Name... Vendor Number Invoice # Invoice Date _ Invoice Amount $ Requester Name Requester Department How was this: caused by the hurricane? C.6. :. . -- 00 rn er o Type of purchase: Replenish Stock New Items/Materials : Repair Work Replacement due to damage 'o What is the location of the repair or. replacement work orwhere.the items/materials will be• used? IL c 'rn s u If repair or replacement, is this temporary or permanent? Temporary Permanent IL Priority: ..:. Low Routine Urgent Hurricane Tracking Number N Fund / (Optional) (Optional):. Gosi Ctr . Account # Pro ieet # Pro!ect Acct Amount 00 - $. N N O Description. (Opt) $ r co a. Description (Opt) $ - IL Description (Opt) z Q . Review Signature Date Approve to.$.1,000.00 Signature Date .. IL w $1,000.01 to $5,000.00 Signature Date $5,000.01 to $10,000.00 Signature Date _ $10,000.01 to $19,999.99 Signature ... Date $20,000.00 to $49,999.99 Signature : Date Q $50,000.00 & greater BOCC Approval Notes: Only one invoice per audit slip,.please!! BOCC Depts. complete all areas. Invoice # must be the invoice number:froin the vendor's invoice. Page 88 of,91 `Packet P,4 "202. Monroe Policy ��� CountyPurchasing Procedures A6dvndum...................... 14 Administrative Inotructions.:,.... ................... �.1u'i4 Advertisement ........................................... --Jz Agenda Item .. *... _.... ---'_--��_--'lh�0 Appraisal Services ----_-----'---J7 Architecture .......................................................... .......... '}7 Audit. and Accounting Services- ........................ .`,—_\7 Award v{Contract ................................ ................. l7 Em Deposit Bid G 13 Bid specifications ...--.._. ............................... Bids......................................................... 11-17 . Bldriket Purchase Orden pB90o .......--.-_.---.--.27 Business cards ---------''-----23 __c-_ ._``.'--------'—�`_'_— CCNA ..� 18 � -__-'_---U'i7 � Computers ' '--23, 30.33 Consultants............................. :.......................................... |7 Contract ......................................... ' � Contract Requirements ..................................................... 2l Contract Review .............................................. .............. 7,)8 . Contract Summary Form for Contracts Under %50K . Contract Renewal Form for Contracts Under :50K'-'9,80 � Contracts.; ............................................................. County Administrator --------' 4,9'11,67,68 DELEGATION OF AUTHORITY ........... ....................... x4 � Dvmuud3tu................. ......................... ..—Jl'�7 CONTRACTS ...................................._.1V ljire�tnegotiations ............... .............................. l6 Emergency Purchases ........................................... E.Ol. 7 _'`-~--.---'---_--,^�--.---' Equal opportunity ................ -------,,----U�l B��oo�oo------------------`--'zz,2» ��mpbou.............................................................. _.'23,56 EXCLUSIONS ................... .................. -......................... 24 ' 5oouvia|8umices-------------------'0 =AM _F_ —G— Page 89nf91 C7�6 b Monroe County Purchasing Policy and-Proce.dures. Insurance................. :........... ::.............................. :........... ::.28. .... . Inventory Items ........ ............... ........................................ 30-32 I' — Late bids ....................... .......................... ....... :1A 7 I egal. Services ...........................: 18 low bidder :.:.:.:::..:........ 18 . r. —M— as . MBE........................... :....... :.................................. Medical Services:.........................:......::.:.:.::::.:.................18 ...... w Minority Business Enterprise ..............:..:.:.: ..28 Monroe County Board of County Commissioners.........::...5. _. . _ 0 a —.N- C . Non-Collusion:::.....:........:.:.:.............::.............................23 is t Nou-Discrimination....::::..:<:........................::::.::.:12 L Notice Inviting Competetive Solicitation ......... i.12-13;:15: IL —p— y Office of -Management and Budget ............................6 ao P .. . _Piggyback ............................. .::....................................... ::.27 c Preference to drug -free, tvork:place programs ................ 23: Preference to Florida businesses..:......::.:::.::..:..................22 as Procedures, for Competitive Soliciatation.;,."..:.........11-17 Procurement Policy Office.:.:.:..............................:..::......::..6 a Professional Services ....:.:.:.........: . . 18 Public Entity Crime Statement:..:...................................22 }_ " Public Notice :;::::................... ...............13, 15 .. ........... . Purchasing Authority ...............................:... .:...............8,11 J Purchasing Cards .....:.::::: ::. ...:.................. s.:.33;51r42: d Purchasing Section...:...::.::....::: ........................... :............... 6 L .Radio communications.......::.........................................::.23 U -Recycled content .................. ..,,:................................ ........ 29 d Rejection of Bids/Proposals................ .. ........................... 17 . Request to Purchase .................. ........ ................. 7,63 c Requesting " t t� 19 Q Sealed bids:.:.:.:...::............................:.::.:.:.:...::........... 36-38 Signature verification ..........:::..... ... SMALL BUSINESS -& DISADVANTAGED BUS INESSES ...... 28 .......................... Software ..:::.::..:....:. ...:::.::,.;:11-17, 23,28=52 Sole Source'.:.:..........................................:.:::..7,24,25,39,83 State Contracts:::..:...........................:.::........::.................26 _.... ......... . SURPLUS items ..... :............ :..: .2931 .Page 90 of 91 IN „Packe�tg*`�204� C6:b :. Monroe County Purchasing Policy.and Procedures: —T= Telephone systems..: ...........::.:.:.........................:...........:::23 ..... - _ Tie Bids/Proposals... ......... ......:...........................:..:...........:17 ..::..................................................... 23, 52-57 —w— Waiver of Irregularities.....-..::.....:........................:....:..:..::.17 w rn Vendor File.Request Forin..::.....:...........................::......:::.:7 C w A 2 O a a� t N co L V 7 a CO N N O G1 cc V a • > V J O IL O z a x. a. w c . m E t cc Q Page 91 of 91 Packet Pg 205'• 1 County of Monroe <r BOARD OF COUNTY COMMISSIONERS �1 "' D Mayor David Rice, District 4 IleOI1da Keys ��x tt0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting April 19, 2018 Agenda Item Number: C.6 Agenda Item Summary #4036 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292-4482 No AGENDA ITEM WORDING: Approval of Revised Purchasing Policy which includes changes that are necessary due to the recent change in newspaper publications and other clarifications as noted in detail in the item background below ITEM BACKGROUND: As advised at the March BOCC meeting, the Keynoter and Reporter will no longer be published in print form and the digital version does not provide for placement of legal notices or advertisements. The Monroe County Purchasing Policy (Policy) is being revised to 1) address the change in local publications as competitive solicitation notices can no longer be printed in the Keynoter and Reporter, as per previous BOCC direction. The language in the Policy, corresponding memorandum (Attachment A) and Sample Notice of Competitive Solicitation (Attachment B) is being revised to address publication changes; 2) clarify the Tie Responses section to make clear that federally funded projects must resolve ties by applicable federal standards; 3) correct grammatical error in the Protest Procedure section; 3) clarify that the price quote requirement for purchases made under a cooperative purchasing agreement or piggy contract is not required unless the Purchasing Director or County Administrator direct the Requesting Department to obtain quotes 4) allow the County Administrator or Asst. County Administrator to approve advertisement seeking competitive solicitation, when needed due to an emergency and when the project cannot be delayed by seeking routine approval from the BOCC (Attachment A is also being revised to reflect this change); 5) make revisions to Chapter 14- Federal Funding Requirements, Form El Procurement Form (For all purchases of $3,500.00 or more) and Form E4- Hurricane Request to Purchase to provide clarification and add additional information for ease of use for County staff. (See also attached document with an further detailed explanation of the revisions and revisions noted with stt:ike *4ettg4 text for deleted language and Underline text for added language.) PREVIOUS RELEVANT BOCC ACTION: The current version of the Purchasing Policy was approved by the BOCC at its February 21, 2018 BOCC meeting (Attached for Reference). CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Changes to Purchasing Policy 4 19 18 PURCHASING POLICY - Updated 02 21 18 FINANCIAL IMPACT: Effective Date: Retroactive to 3/26/18 (last date of local publications) Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: Tina Boan Christine Limbert Maria Slavik Kathy Peters Board of County Commissioners Completed 04/03/2018 2:17 PM Skipped 04/03/2018 12:24 PM Skipped 04/03/2018 12:24 PM Completed 04/03/2018 6:14 PM Pending 04/19/2018 9:00 AM Revise Section AL, A. Notice Inviting Competitive Solicitations, 1. Specffications; Chapter 12 Surplus Section 3. (1)(d) Notice; and Memorandum- Attachment A and Sample Notice ofRequestfor Competitive Solicitations- Attachment B(also added statewide repository websitefor legal notices) to reflect the change in local newspaper CHAPTER 3. COMPETITIVE SOLICITATION PROCESS Any purchase or contract estimated to cost $50,000.00 or greater shall be awarded by competitive solicitation, unless the purchase or contract is for goods and services as set forth in Monroe County Code Section 2- 347(e)(2), (e)(3) and (e)(5) and is otherwise authorized by the BOCC and in compliance with the requirements of this Policy. For step -by -step procedures concerning the Competitive Solicitation Process, please refer to Monroe County Administrative Instruction # 4802, Competitive Solicitation Process. A. Notice Inviting Competitive Solicitations 1. Specifications: The Requesting Department must prepare competitive solicitation specifications, along with a Memorandum of Request for Competitive Solicitations (see Attachment A. or Administrative Instruction 44802, Competitive Solicitation Process), and deliver simultaneously to the County Attorney's office to obtain prior legal review /approval prior to submission to the Purchasing Office. Competitive Solicitation specifications should be written broadly enough to encourage a broad range of responses. Competitive solicitation specifications should not be written to steer prospective responders toward the competitive solicitation or "rig" the competitive solicitation for any one particular vendor. It is the responsibility of the Requesting Department to obtain the approved competitive solicitation from the reviewing attorney (either physically or electronically).2. Advertisement: Following legal approval by the reviewing attorney, the County Attorney's Office will obtain an assigned opening date from Purchasing. The County Attorney's Office will prepare and transmit the Notice inviting competitive solicitation for publication one time in the Key West Citizen, as the local newspaper qualifying under Florida Statutes Chapter 50 .031 ——C , OFti -m e i The Notice of competitive solicitation shall also be posted to the County's website. Sample Notice of Request for Competitive Solicitation is attached as Attachment B., or see Administrative Instruction 44802, Competitive Solicitation Process. Following transmittal of the Notice to the newspapers by the County Attorney's Office requesting publication, the County Attorney's Office will return the executed original Memorandum to the Requesting Department. It is the responsibility of the Requesting Department to send: 1) the executed original Memorandum of Request for Competitive Solicitations 2) a CD containing a copy of the final approved competitive solicitation (in .pdf format) and the Notice (as it will publish and in Word format), and 3) one (1) paper copy of the approved competitive solicitation and the Notice, to the Purchasing Office in time for the competitive solicitation to be uploaded to DemandStar prior to first publication of the Notice in the newspapers. The notice shall also be publicly posted by the Purchasing Office in a consistent public location at least twenty -one (21) days preceding the last day established for the receipt of competitive solicitations. The Purchasing Office will be responsible for ensuring all competitive solicitation documents are sent to Onvia by DemandStar for distribution. CHAPTER 12. SURPLUS ITEMS (d) Notice: At the request of the Property Inventory Clerk or using agency the County Attorney's Office prepares a Notice of Request for Competitive Solicitation (see Attachment B,. using the surplus property inventory data provided by the Property Inventory Clerk or using agency. The County Attorney's Office transmits the notice requesting publication one time in the Key West Citizen (as the local newspaper qualifying under Florida Statutes Chapter 50. 031) -a*4,— ,peFJ = iri -ie�+e —The Notice shall also be posted to the County's website. The Purchasing Director places the item(s) on DemandStar. Revise Section C. Tie Responses, to clarify that federally projects, must resolve ties by applicable federal standards for resolving tie breakers and as set forth in the competitive solicitation. C. Tie Responses aC CDt � h r D roh� Nted ,,,' f deralk- funded contracts, lan the event the same competitive solicitation amounts are received from two or more responders who are considered by the BOCC to be equally qualified and responsive or when two or more responders are equal in rank and score, and only one of the responders has a principal place of business in Monroe County, FL, the award shall be to the responder who has a principal place of business located in Monroe County, FL- e =4(.e Otherwise, the tie will be resolved by draw from an opaque container. f e £= s c Claf s °fir °d-irs -` `v g- It e3 r3 a a46—n- R evise Section G. P rotest Procedure, to correct grammatical error. G. Protest Procedure Any Bidder /Respondent /Proposer who claims to be adversely eaffected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy -two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined that it is in the best interest of the County to do so. A formal written protest may be submitted in writing and must be received by the County Attorney's Office seventy -two (72) hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the Board of County Commissioners at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder /Respondent /Proposer that filed the protest is responsible for providing the Clerk with his /her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The Board of County Commissioners decision to award the contract is final and at their sole discretion. A. Sole Source Purchase of commodities and services from a single source may be exempted from formal competition L) ° is under the following conditions: C. Cooperative Purchasing 1. State and Federal Contracts. Purchases equal to $50,000.00 or more from vendors holding current "State" and Government Services Administration herein after ( "GSA ") contracts are exempted from the competitive bidding process. However, before any purchase is made through an existing contract, the Requesting Department, if directed by the Purchasing Director or County Administrator, must first contact other South Florida vendors in order to determine if the goods or services sought are available at a lower price than the price(s) of the existing contract. If the goods or services are available from another vendor at a price lower than the price of the existing contract, then the contract for the goods or services must be awarded to that vendor. The purchase of the goods or services sought may be made through the existing contract if none of the other vendors contacted by the Requesting Department offered the goods or services at a price lower than the price of the existing contract. The Purchasing Director will review and verify the Requesting Department's information or documentation. If tic Liu c ase 's � do - vv tic C OILI 1ap >t re( L re y thae Adiri alai °at« i" 2. Other Public Procurement Units. Requesting Departments are authorized to purchase goods and services from cooperative purchasing ventures run by other units of governments when the best interests of the County are served. All purchases made through this section shall be from contracts awarded through full and open competition, equivalent with the methods set forth in this policy, and shall be exempt from further competitive procurement process set forth in this policy. The Purchasing Department is also authorized to enter into joint ventures with other local governments in order to create purchasing cooperatives and promote efficient purchases. D. 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 Request for Bids (RFB's), Request for Proposals (RFP's) or replies.. (BOCC action 5- 26 -93, Page 93/254 #1). %i a r pairs are Piceded due to a s grler eriQ exe at (sucia as a Jwrricari6 a act obtai iiri r BOCC a :oxfl' ;,;!66 cela Curl v Adn 111'sti °lt«l° C111 1- t mriz tide adve °t seiric la of tide Will etiflVe 5011, 6taflofl Ul t]6 tide B OCC cad a ° >� tia > j ct > ° a t t t o ,.t t O rieetl]ILL E. Piggybacking The County has the option to "piggyback" on another governmental entities' or not for profit association's competitively awarded bid to take advantage of the pricing received: 1. The Requesting Department -must first verify specifications and award information and receive permission from both the entity and the vendor to piggyback. 2 Piggyback purchases equal to $50,000.00 or more are not subject to the competitive solicitation process. However, before any purchase is made through an existing contract, the Requesting Department, if directed by the Purchasing Director or County Administrator, must first contact other South Florida vendors in order to determine if the goods or services sought are available at a lower price than the price(s) of the existing contract. If the goods or services are available from another vendor at a price lower than the price of the existing contract, then the contract for the goods or services must be awarded to that vendor. The purchase of the goods or services sought may be made through the existing contract if none of the other vendors contacted by the Requesting Department offered the goods or services at a price lower than the price of the existing contract. The Purchasing Manager will review and verify the Requesting Department's information or documentation. If the purchase is below the competitive bidding threshold of $50,000.00, price quotes are not required by the Requesting Department unless directed by the Purchasing Director or County Administrator. Revise Chapter 14-Federal Funding Requirements as noted below to clarify that Requesting Department must complete either an El or E2 form depending upon the purchase level. Both forms are not required. 2. Procurement Documentation: The County must maintain all procurement records sufficient to detail the history, including all competitive bidding documents and all other documentation relating to the evaluation of the competitive bidding proposals and responses; justification of the award; and approval of the contract price and type. The Requesting Department must complete �'d aer the f.1. or f.2 Procurement Form( -s-; (Attachment E1 ( ['or murchases b lair S 5 0 OOQ 00 & Attachment E.2 (For purchases through competitive solicitation L � jnlr°ch seis of S 5 o oOO, 00 am,,l above and submit with the RTP (if Hurricane related, use Hurricane F Form Attachment E.4 and also include Hurricane Audit Slip Attachment E.5. ). These documents must be maintained in accordance with Chapter 119, Public Records Law and the Florida Department of State, Division of Library and Information Services, General Records Schedules GS1 - for State and Local Government Agencies. M 6c . "1'" " 180,')') 1 r 6'st d tlalasac't!(? as .as colltlac't;s 0G :ai or a- -bo e- }l °(>� s r!�t_"r SInC " t e Ho Div isle »a of Eerier ei y' I /iaiaaueerie aa €MEN4 Agreeirie aa t it p rovides disaster° a°e iri urseaaaciat reauires tabs fon - 1' a a -" col -a a is aelma flees oft ae 111 una al d sills VVe He 111e ldv conad actin r .a chaeck ona a16 vendors. t :!-.,' best. p ractice '.mid - ;,;'66 C- a -Cc(. 61 -kc ona a:6 ti'l er »at" 5. Contracts may only be awarded to responsible vendor /contractors: The County must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, including County laws and policies, record of past performance, and financial and technical resources. The Requesting Department must complete the Debarred, Suspended, or Ineligible Entity Checklist (Attachment E3) (2 C.F.R.200.318(h)) - �°� ai t -a taf.i 6i of €i 1a .fit- i- i1 "1=1- ATTACHMENT A. MEMORANDUM To: Purchasing Department VIA: County Attorney's Office_(for prior legal review /approval) From: Date Subject: Request for Competitive Solicitations (Name as appears on the cover page of the Competitive Solicitation) 'C Approval Date: 0 Ass t, Co Ad ministrator or Co Mini trc cl Drat e: _(if —Cr 9 ���w to s t i��i t� °° t � s t ini trat r must c roy ge Director Approval: Date Received for Legal Review /Approval: I Approval Date: Reviewing Attorney Opening Date Assigned by Purchasing: D e Notice Transmitted to Papers by Legal /Memo Returned to _ Date assigned: Department: o Require vendors submit 2 signed originals and one copy of their bids (minimum required) or a specified below. 3 o Contact person /phone # for questions regarding specifications: dvertising expenses are to be charged against account: Date: 65 . *otice to run 21 30 45 60 (circle one) or days prior to bid opening. 76 . o add "supplemental suppliers" please provide company name and email address ( ttach list if more than one or more room needed). 7. I addition to the - local newspaper, please place notice in the following advertising n wspapers. Must have Department Director approval for additional advertising Enclosures: One (1) copy of approved competitive solicitation, notice and one (1) CD ATTACHMENT B. (Sample Form) NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on May 10, 2018, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: KEY LARGO 11 ROADWAY AND DRAINAGE IMPROVEMENT PROJECT MONROE COUNTY, FLORIDA Pursuant to F,S, 50,L)2 be I x`e�-N,'ed -at ; , , se Ub1j' �o' 0111" -1 affl'cl�ab' state - yN,'jde rep2L. i s ],� e L I V V GULLIM 0 _1CO's-COM, e _y 'r'61' a pu[��, i - i cs . 00ticces, Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecoun or call toll-free at 1-800-711-1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 2-213, Key West, Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. Publication dates: 'Retlof tC_r_0Zr_)_P _ '"ter S Citizen llon� (�)3/26P�18& 04/02PI 8 (t)1ease note that as :per F.S. 336,44 imblication at least one each week for 2 consectifive advertising rilffliffillyl 11 nts, End of Section Monroe County Purchasing Policy and Procedures Monroe County Procurement Form (For all Purchasing -0 $3,500.00 or wre ATTACHMENT E.1 Reauirement(good /services to be procured): If brand name or equal salient characteristics are: Market Research: Research Method: ❑ Internet ❑Prior procurement files ( ) ❑Personal Knowledge of Local Trade Area ( ) ❑ Other ( ) Potential Sources: Estimated Purchase Price: $ Additional Considerations: Considered Notes: Federal Surplus Property ❑ Aggregates or Break Up Purchase ❑ Lease vs. Purchase ❑ Planned /Expected Contract Type: El Fixed Price (including fixed price per unit) El Cost Reimbursement plus fixed /fee /profit ❑ Other: Notes: cost plus percentage -of -cost is prohibited; time and material has restrictions (See §200.318 0)(1) Ll V -4ated 4 19 181 Monroe County Purchasing Policy and Procedures Monroe County Procurement Form (For all Purchasing -0 k­&,43,500.00 or wre) ATTACHMENT E.1 Procurement Method: ❑ Small Purchase Procedure ($3,500.00 Up to $49,999.99) E]Written Solicitation of Price Quotes (Please include) ❑Oral Solicitation of Price Quotes (attach documentation noting oral price quotes) Vendor contact inform ation/Price quoted D Sole Source -0 k­eF-$3,500.00 or iri ore Noncompetitive-proposals Justification (refer to Chapter 14/2 CFR 200.320(f): QGOR+f) Laf i+ (A), ` °ifs -t- Se44 Notification/Publication Plan: NIA if Micro - Purchase; Must be formally publicized if "estimated Purchase Price" is in excess of $50,000. Signature Printed Name Title/Department Signature Printed Name Title/ OMB Department I LJ V L-4 a t ed 4 19 181 Hurricane Request for Purchase ATTACHMENT Date of Request: Requester Name: Requester Signature: Additional Approval: Requester Phone: Requester Email: Requesting Department: Vendor Name /Vendor Number: Request: Reason for Request - -how was this caused by the hurricane? Type of purchase: Replenish Stock New Items /Materials Insurance Claim Repair work Replacement due to damage Where are the items /materials /service , being used? What is the location of the repair or replacement work? If repair or replacement, is this temporary or permanent? Temporary Permanent Priority: Low Routine Urgent Order Details: Qty Item Description Cost per Unit Total Expense Total Cost: Please attach the required three quotes on purchases $3,500 or greater. OMB Purchasing Approval: LuLndZCost Center Account Lgi Project Account Hurricane Tracking- Nr €mber� Monroe County Purchasing Policy (As Revised 02121118) Page 1 of 91 Table of Contents CHAPTER 1 - INTRODUCTION ...................................................... ............................... 5 CHAPTER 2 - AUTHORITY & DUTIES ........................................... ............................... 5 A . Board of County Commissioners ................................................................................... ..............................5 B . County Administrator ..................................................................................................... ..............................5 C . Office of Management and Budget ............................................................................... ..............................6 D . Requesting Department .................................................................................................. ..............................7 E . Delegation of Authority ................................................................................................... ..............................8 F . Purchasing Authority ...................................................................................................... ..............................8 G. Signature Authority for Agreements .................................................... .............................10 H . Local Preference ............................................................................. .............................11 I . Non - discrimination ......................................................................................................... .............................11 CHAPTER 3 - COMPETITIVE SOLICITATION PROCESS ....... .............................11 A. Notice Inviting Competitive Solicitation ............................................... .............................12 B. Procedure for Competitive Solicitation ........................................................................ .............................15 C. Tie Responses .................................................................................................................. .............................17 D . Rejection of Responses ................................................................................................... .............................17 E . Waiver of Irregularities ................................................................................................. .............................17 F . Award of Contract ......................................................................................................... .............................17 G. Protest Procedure ................................................................................. .............................17 CHAPTER 4 - PURCHASE OF PROFESSIONAL SERVICES ....... .............................18 A. Definition ......................................................................................................................... .............................18 B . Methods of Acquisition .................................................................................................. .............................18 C. Continuing Contracts ...................................................................... .............................19 CHAPTER 5 - DESIGN /BUILD CONTRACTS ............................... ............................... 20 Page 2 of 91 A. Procedure ........................................................................................................................ .............................20 CHAPTER 6 - CONTRACTS /AGREEMENTS ............................... ............................... 22 A. Contract Review ............................................................................................................. .............................22 B . Requirements .................................................................................................................. .............................22 C. CPI Computation ........................................................................................................... .............................23 D . Exceptions ....................................................................................................................... .............................24 E. Preference to Florida businesses (FS 287. 084) ............................................................. .............................24 F. Preference to businesses with drug -free workplace programs (F.S. 287. 087) . .............................25 CHAPTER 7 - EXCLUSIONS ........................................................ ............................... 25 A. Sole Source ...................................................................................................................... .............................25 B . Emergency Purchases ...................................................................... .............................26 C. State Contracts, GSA Contracts or SNAPS ................................................................. .............................27 D . Previously Approved Projects ....................................................................................... .............................27 E . Piggybacking ................................................................................................................... .............................27 CHAPTER 8 - BLANKET PURCHASE ORDERS ......................... ............................... 28 CHAPTER 9 - MINORITY BUSINESS ENTERPRISE (MBE), SMALL BUSINESS & DISADVANTAGED BUSINESSES .................................................. .............................29 CHAPTER 10 - PURCHASE OF INSURANCE ............................. ............................... 29 CHAPTER 11 -RECYCLED CONTENT PRODUCTS ................... ............................... 30 CHAPTER 12 - SURPLUS ITEMS ................................................. ............................... 30 CHAPTER 13 - PURCHASING CARD POLICY ................... .......................34,42 -63 CHAPTER 14 - FEDERAL FUNDING REQUIREMENTS ....... .............................34 ATTACHMENTS: Attachment A. Memorandum of Request for Competitive Solicitation ...............45 Attachment B. Notice of Request for Competitive Solicitations ........................46 Attachment B.1. Approval to Issue Addendum ................... .............................47 Attachment B.2. Inventory Deletion Request ................... ............................... 48 Page 3 of 91 Attachment B.3. Computer Related Equipment Inventory Deletion Request ........ 49 Attachment B.4. Fixed Asset Transfer Form ...................... .............................50 Attachment C. Purchasing Card Policy & Procedures ...... ..........................51 -72 AttachmentD. Forms .................................................... ..........................73 -81 Attachment D -1. Monroe County Purchasing Authorization Form .....................74 Attachment D -2. Monroe County Request to Purchase Form ........................... 75 Attachment D -3. Monroe County BOCC Audit Slip ............. .............................76 Attachment D -4. Business Card Order Form ..................... .............................77 Attachment D -5. Vendor File Request Form ...................... .............................78 Attachment D -6. Contract Summary Form for Contracts Less Than $50,000.00...79 Attachment D -7. Contract Renewal Form for Contracts Less Than $50,000.00....80 Attachment E -1. Monroe County Procurement Form (purchase over $3,500.00..... Attachment E -2. Monroe County Procurement Form (purchase over $50,000.00.... Attachment E -3. Entity Checklist ...................................... ............................... Attachment E- 4.Hurricane Request for Purchase ................ ............................... Attachment E -5. Hurricane Audit Slip ............................... ............................... Index............................................................................ .............................72 Page 4 of 91 MISSION STATEMENT Purchasing Section Monroe County Administrative Services Our mission is to provide quality purchasing and contracting support to all county departments in a timely, cost effective and professional manner. As purchasing professionals: • We follow a strict Code of Ethics, avoiding the appearance of and preventing the opportunity for favoritism. • We seek to maximize the purchasing power of the public funds, while promoting fair and open competition. • We strive to create a work environment that demonstrates teamwork, respect, integrity and honest communication. CHAPTER 1. INTRODUCTION The purpose of the County's Purchasing Policy (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 of which are codified in the Monroe County Code (MCC), 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. The BOCC shall decide all matters of policy including those referred to it by the Chief Procurement Officer. 2. No contract for goods or services may be awarded without the approval of the BOCC, unless authorized by MCC or this Policy. B. County Administrator 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. The purpose of such administrative instruction shall be to clarify or refine the provisions of the County code on purchasing and /or the Purchasing Policies and Procedures. In the event of any inconsistencies, the County Code provisions shall prevail over Policies and Procedures, the Policies and Procedures shall prevail over Administrative Instructions. Page 5 of 91 2. The County Administrator has contract approval authority as set forth in Monroe County Code Section 2 -58. G Office of Management and Budget 1. There is a Purchasing Section within the Department of Management and Budget. The Director of Management and Budget shall head the Purchasing Section and in such capacity be additionally referred to as the Purchasing Director. 2. The Purchasing 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 duties of the Purchasing Section are as follows: (a) 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 in writing the need for a special type of item. (b) 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 specifications, the County Administrator shall make the final determination. (c) Seeks purchases through State, Federal Agencies, Associations or other governmental agencies if the Requesting Department makes a request for same and such purchases may be in the best interest of the County. (d) Reviews all request for purchases of goods and services. Upon review and receipt of a request to purchase from the Requesting Department, the purchasing section will issue the purchase order including the request for purchase if the purchase is for $1,000.01 or more or is approved by the BOCC. In the event of an irregularity or departure from Policy, the purchase order will be referred to the Purchasing Director or County Administrator. (e) The Purchasing Section will post procurement opportunities on DemandStar. In the event a department maintains a list of potential bidders /proposers (with email address) that list should be provided to the purchasing section for upload to DemandStar. (f) Checks convicted /suspended vendor list prior to issuance of a bid tabulation. (g) Tabulates the responses to RFBs and submit the tabulation to the Requesting Department for determination of the low bidder. When one or more bidders propose an alternative as "an equal" to that specified in the competitive solicitation, whether the proposed substitution is, in fact, an equal is to be determined by the Requesting Department. All other competitive solicitations responses received will be listed and submitted to the Requesting Department. Page 6 of 91 (h) Reviews all requests for contracts for goods and services prior to submission to the BOCC for review and execution. (i) Issues purchase orders in response to request to purchase unless the item is below $1,000.01 dollar value or the purchase has been made through a competitive solicitation which has been approved by the BOCC. D. Requesting Department 1. Must submit an electronic "Request to Purchase" to the Purchasing Section for all purchases of goods and services that exceed $1,000. 2. Provides adequate description of needed items so the Purchasing Section can assist in preparing specifications to procure the desired items and /or services. 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 Purchasing may approve at the appropriate level of purchasing authority. The Purchasing Section must in all cases evaluate the request for any such commodity, service or source. 4. Ensures that internal controls are present within the department that include, at a minimum, that there are a minimum of two people involved in the initiation of the Request to Purchase through the verification of receipt of goods or services with a person other than the one who orders the item verifying receipt by signing the invoice, bill of lading or other similar document. For goods that are purchased in any individual purchase order for which the total dollar amount equals or exceeds $2,500, internal controls should be increased either through additional employees involved in the process and /or through documentation of the receipt and application of the goods. 5. Secures P.O.'s on all purchases made during an emergency and must ensure that P.O.'s are signed by the required authority. Provides the E.O.C. with a list of P.O. numbers to be utilized in the event that the normal County operations are closed. 6. The Requesting Department or the vendor must complete a "Vendor File Request Form (attached hereto as Attachment D.5.)" and "W -9" or "W -8" for foreign corporations) if such documentation is not already maintained in the finance system. The Requesting Department is responsible for verifying that new vendor(s) are set up correctly in the finance system and must verify that the vendor information is correct in the finance system. Whenever there is a change of the vendor name, a new "Vendor File request form" must be submitted along with the new "W -9" to Finance and a new vendor number must be obtained. In both cases, a copy of the W -9 and a print screen of the vendor file from the finance system along with the newly obtained W -9 must also be submitted by the Requesting Department to the Purchasing Department. NOTE: Internal Revenue Service regulations require that the vendor name (payee) on the check must exactly match the name shown on the invoice; contract (if there is a contract); audit slip; W -9; and Vendor File request form. Page 7 of 91 7. All Task Orders must be reviewed and approved by the County Attorney's office prior to execution. When a contractor or consultant is contracted to perform work pursuant to a Task Order, the Task Order shall be considered an independent contract in relation to, but separate from, an existing principal contract when determining the total cumulative value of $50,000.00. Any Task Order that is less than $50,000.00 may be approved according to the Purchasing Authority provided in 2.F.1. Any Task Order for individual construction or consultant services that is $50,000.00 or more must go to the Board of County Commissioners as a Board agenda item for the Board's approval. When the cumulative value of all Task Orders relating to any individual principal contract is $50,000.00 or more, an agenda item notifying the Board and summarizing the Task Orders and cumulative value must be placed on the Board's agenda. E. Delegation of Authority Subject to the limitations of these policies and any additional procedures imposed, the County Administrator or the Purchasing 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. In order to ensure proper fiscal control, purchasing authority shall be limited to the County Administrator, Assistant County Administrators, Purchasing Director, and Department Directors, unless a designee is approved and authorized by the County Administrator, Assistant County Administrators or Purchasing Director. The County Administrator, Assistant County Administrators and Purchasing Director shall have authority to sign requests to purchase up to $49,999.99. Department Directors shall sign off on all purchase orders and shall have authority to sign purchase orders up to $19,999.99 without the Administrator or Assistant Administrators signatures. PURCHASING WHAT TO DO? PURCHASING AUTHORITY LEVELS (WHO APPROVES /PAYS) FOR TOTAL DOLLAR AMOUNT $.01 - $1,000.00 Purchase Order not required Department Director or their designees $1,000.01 - $5,000.00 Requires electronic Request to Purchase form Department Director or designees to Purchasing. For Purchase of $3,500.00 or more three (3) or more price quotes are also required by the Requesting Department. $5,000.01 - $10,000.00 Request to Purchase form along with three (3) Department Director or designee or more price quotes as documented by Requesting Departments. $10,000.01 - $19,999.99 Request to Purchase form along with three (3) Department Director or more price quotes as documented by Requesting Departments. Page 8 of 91 2. If the County Administrator or Purchasing Director determines such to be in the County's best interests, the requirements for three or more quotes or competitive $20,000.00 - $49,999.99 Request to Purchase form along with three (3) County Administrator, Assistant procurement requirements than shown in the chart. When the goods or services are or more price quotes. Requesting Department County Administrator or 0 will solicit bids. Purchasing Director $50,000.00 AND OVER Competitive Bid process BOCC BOCC prior approval required. Governed by Department's directors certification that his/her department has made all efforts to comply County ordinance, as supplemented by the with the Policy. If the Requesting Department, after exercising due diligent and good faith Purchasing Policies and Procedures Manual. If the County Administrator or Purchasing Director determines such to be in the County's best interests, the requirements for three or more quotes or competitive solicitation may be required for purchasing goods or services at a lower level of ,0 procurement requirements than shown in the chart. When the goods or services are procured through Cooperative Purchasing Agreements or other competitive solicitation 0 methods, price quotes are not required by the Requesting Department. When obtaining price quotes, the Requesting Department must diligently seek to obtain quotes and such efforts should be documented (by noting calls and emails etc.) and provided to the Purchasing Office in the event that an adequate number of response are not received along with the Requesting Department's directors certification that his/her department has made all efforts to comply C• with the Policy. If the Requesting Department, after exercising due diligent and good faith effort to obtain two or more said quotes, does not received an adequate number of responses from contractors or vendors it may either seek to have the Board waive Policy in this regard or the Director of the Requesting Department may certify in writing he /she has verified 00 his /her department's diligence and effort to obtain the required price quotes, and represents to r the Purchasing Department that the department is otherwise justified in proceeding with the N purchase. 3. A contract may not be split into multiple contracts for services, goods or public CL improvement for the purposes of evading the requirements of this section. Where a procurement of services, goods or public improvement are cyclical in nature or have to be procured in phases, the Requesting Department shall, to the maximum extent 0 practicable, contract for the full scope of the service, good or public improvement based C. on an estimate of the full scope of service, good or public improvement anticipated to be required at the time of bidding. For purposes of this section when consecutive multiple contracts for services, goods or public improvement are issued because the full scope of the service, good or public improvement are unknown or cannot be determined M or is a function of the funding source (e.g. grant funding is only available for a portion CL and further grant funding is unknown) or as a result of other agency requirements (e.g. sewer connection notices), such contracts shall not be considered as split and each E contract shall stand alone for purposes of purchasing level classification. 4. The following purchase thresholds shall be applied to all purchases based on the cumulative value of the purchase regardless of whether the purchase is a one -time, one event, purchase or a recurring, multiple event purchase which may exceed a 12 month period. 5. The actual amount of the invoice, bill of lading or similar document shall not exceed the purchase order amount by more than 20 %. Page 9 of 91 G. Signature Authority for Agreements Signature Authority is defined as authority to execute agreements /contracts or leases where the cumulative total value per fiscal year is less than $50,000.00. The Board hereby approves, authorizes, and delegates to the County Administrator (or his designee) threshold approval signature authority to execute contracts/ agreements or leases as set forth herein. Only the BOCC has the authority to approve and enter into multi -year agreements and to obligate funds based on budget appropriation approval, except that the County Administrator has the authority to execute multi -year agreements only when the total cumulative contract amount is less than $50,000.00. If the County Administrator authorizes a person to act as a designee, such person shall comply with Section 112.3 145, Florida Statutes and the financial disclosure requirements set forth therein. The County Administrator (or his designee) is responsible for assuring the following: An understanding of what is being approved; the information and supporting documentation is accurate and complete; the transaction is allowable, reasonable and justified; the transaction is charged to the correct project(s); there are adequate funds to cover the expense; and the funding source is appropriate for the expenditure. The Requesting Department shall provide a completed Contract Summary Form for contracts less than $50, 000.00 (See Attachment D. 6) to the County Administrator along with the contract/agreement or lease to be considered for execution by the County Administrator. All contracts /agreements or leases will be in a form approved by the County Attorney's Office prior to execution. The County Attorney may require approval or ratification of an agreement by the BOCC. All executed agreements /contracts or leases must be furnished to the Clerk for record keeping and retention purposes. Contract amendments /contract extensions Contract amendments which provide for the alteration of specifications, extensions of delivery dates and performance time or similar provisions of a contract without changing the scope of the project, may be approved by the County Administrator (or his designee) if the value of the amendment is less than $50,000.00. Contract Extensions The County Administrator (or his designee) shall have the authority to execute extension(s) that do not exceed six months (cumulatively) of previously approved contracts. If the extension is for more than six (6) months then the extension must be approved by the BOCC. Contract Renewal The County Administrator (or his designee) shall have the authority to execute renewals of contracts for commodities and /or services subject to the following conditions: Page 10 of 91 I . The contractor has performed in a satisfactory manner and that the contract manager has received a request to renew from the contractor and that the contract manager has verified satisfactory performance. 2. The BOCC approved agreement provided for a renewal subject to the terms and conditions set forth in the initial contract. Cost and term modifications must be addressed in the original solicitation document and /or resulting contract. 3. The renewal is done for a set period of time identified in the solicitation and /or contract, commencing at the end of the initial term of the contract. The Contract Manager of the Requesting Department shall provide a completed Contract Renewal Form for contracts less than $50, 000.00 (See Attachment D. 7) in addition to the County Summary Form for contracts less than $50,000.00 to the County Administrator along with the renewal agreement to be considered for execution by the County Administrator. Renewals that fail to meet one or more of the conditions set forth herein will require the approval of the BOCC. Consent to Assignments; Interlocal Agreements (ILA) or Memorandum of Understandings MOU : The BOCC shall approve all assignments of contract(s), and ILAs or MOUs with a Public Agency as defined in F.S. 163.01. oo r r K Local Preference N CD It is the policy of Monroe County to provide a local preference in competitive bidding and in obtaining price quotes when required by this Policy. The intent and justification for providing a local preference is set forth in Section 2 -349 of the Monroe County Code. A local business, as defined in Section 2 -349, may be given a preference of five percent (5 %) in obtaining price quotes when pricing is the major consideration and when price quotes are required by this Policy. 0 L 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, 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 SOLICITATION PROCESS Any purchase or contract estimated to cost $50,000.00 or greater shall be awarded by competitive solicitation, unless the purchase or contract is for goods and services as set forth in Monroe County Code Section 2- 347(e)(2), (e)(3) and (e)(5) and is otherwise authorized by the BOCC and in compliance with the requirements of this Policy. For step -by -step procedures concerning the Page 11 of 91 Competitive Solicitation Process, please refer to Monroe County Administrative Instruction # 4802, Competitive Solicitation Process. A. Notice Inviting Competitive Solicitations 1. Specifications: The Requesting Department must prepare competitive solicitation specifications, along with a Memorandum of Request for Competitive Solicitations (see Attachment A. or Administrative Instruction 44802, Competitive Solicitation Process), and deliver simultaneously to the County Attorney's office to obtain prior legal review /approval prior to submission to the Purchasing Office. Competitive Solicitation specifications should be written broadly enough to encourage a broad range of responses. Competitive solicitation specifications should not be written to steer prospective responders toward the competitive solicitation or "rig" the competitive solicitation for any one particular vendor. It is the responsibility of the Requesting Department to obtain the approved competitive solicitation from the reviewing attorney (either physically or electronically). 2. Advertisement: Following legal approval by the reviewing attorney, the County Attorney's Office will obtain an assigned opening date from Purchasing. The County Attorney's Office will prepare and transmit the Notice inviting competitive solicitation for publication one time in the Key West Citizen, as the local newspaper qualifying under Florida Statutes Chapter 50.031, and, per BOCC direction, one time in the Middle and Upper Keys area newspapers (Keynoter and Reporter). The Notice of competitive solicitation shall also be posted to the County's website. Sample Notice of Request for Competitive Solicitation is attached as Attachment B., or see Administrative Instruction 44802, Competitive Solicitation Process. Following transmittal of the Notice to the newspapers by the County Attorney's Office requesting publication, the County Attorney's Office will return the executed original Memorandum to the Requesting Department. It is the responsibility of the Requesting Department to send: 1) the executed original Memorandum of Request for Competitive Solicitations 2) a CD containing a copy of the final approved competitive solicitation (in .pdf format) and the Notice (as it will publish and in Word format), and 3) one (1) paper copy of the approved competitive solicitation and the Notice, to the Purchasing Office in time for the competitive solicitation to be uploaded to Demandstar prior to first publication of the Notice in the newspapers. The notice shall also be publicly posted by the Purchasing Office in a consistent public location at least twenty -one (21) days preceding the last day established for the receipt of competitive solicitations. The Purchasing Office will be responsible for ensuring all competitive solicitation documents are sent to Onvia by DemandStar for distribution. The competitive solicitation notices shall comply with any applicable statutes and the following shall also apply: a) The competitive solicitations for services, goods or public works that are projected to cost $100,000.00 or less must be publicly advertised in a Page 12 of 91 newspaper of general circulation in the county, on a date that is no later than 21 days (excluding the publication date) before the date established for the competitive solicitation opening and that is no later than five days before any pre -bid conference or pre - proposal conference. b) The competitive solicitations for services, goods or public works, that are projected to cost more than $100,000 but less than $500,000 must be publicly advertised in a newspaper of general circulation in the county, on a date that is no less than 30 days (excluding the publication date) before the date established for the competitive solicitation opening and that is no later than five (5) days before any pre -bid or pre - proposal conference. C) The competitive solicitations for services, goods or public works that are projected to cost $500,000.00 or more must be publicly advertised in a newspaper of general circulation in the County, on a date that is no later than 45 days (excluding the publication date) before the date established for the for the competitive solicitation opening. In addition, Notice shall also be publicly posted by the Purchasing Office in a consistent public location for the same time periods shown above. 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 competitive solicitation instructions and specifications may be secured, and the time and place for opening competitive solicitations. Sample Notice of Request for Competitive Solicitation is attached as Attachment B or see Administrative Instruction 44802, Competitive Solicitation Process. 4. All competitive solicitations received must remain valid for a minimum period of ninety (90) days from the competitive solicitation opening. 5. Bid Security Deposit: Construction Projects Each bid to a competitive solicitation for a construction project estimated to be $200,000.00 or more must be accompanied by a good faith bid security in an amount equal to five percent (5 %) of the bid price, by way of a bid bond from a surety insurer authorized to do business in Florida as a surety or any method permitted in Section 255.051, Florida Statutes and as amended, pursuant to Monroe County Code Section 2- 347(i). If the security is in the form of a check or draft, it shall be made payable to Monroe County BOCC. The County Administrator or his designee shall have discretion to require a good faith bid security for construction projects estimated to be less than $200,000.00. A construction project may not be divided into subparts to avoid the requirement of the bid security. Water System or Sewer Improvements Each bid to a competitive solicitation for construction of water system improvements or sewer improvements shall comply with sections 153.10(3) and (4), Florida Statutes and as amended. Bid Security Forfeiture and Return Page 13 of 91 Bid securities may remain in the custody of the County OMB for up to 90 days from the bid opening date or until forfeited or released. The bid security of the successful bidder shall be returned to the bidder after (a) the bidder executes the contract (b) delivers a good and sufficient performance bond, payment bond and required proof of insurance as may be required in the contract documents and (c) commences performance of the contract. If after the BOCC accepts the bid to a competitive solicitation the successful bidder refuses or is unable to execute the contract, to provide the required contract bonds or proof of insurance, or commence performance, then the bid security will be forfeited to, and become the property of, the county as liquated damages for the county's loss of bargain. The bid security of unsuccessful bidders may be returned to the bidder when the award of bid is made and the successful bidder executes the contract, or if all bids have been rejected. Bid securities in the County's possession for more than 90 days from the bid opening date shall be returned to unsuccessful bidders in accordance with Monroe County Code Section 2- 347(i). Bidders may withdraw their bid and request, in writing, an earlier return of their bid security under the conditions set forth in Monroe County Code Section 2- 347(i)(1); however, this action removes the bidder from further consideration should the lower bidders decline the award or withdraw their bids. 6. 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 competitive solicitation. a) All Addenda must be approved by both legal and the Requesting Department prior to submission to the Purchasing for posting on Demandstar. An Approval to Issue Addendum Form (See Attachment B.1., must be originally executed by the reviewing attorney and the Department Director of the Requesting Department. The executed Approval to Issue Addendum Form must be attached to the Addenda upon receipt by Purchasing for execution by the Purchasing Director or designee. The executed original Approval to Issue Addendum Form must be retained with the related competitive solicitation in Purchasing. The addendum shall clearly point out any addition or change to the specifications. Addenda must be posted and available for viewing on Demandstar no later than five (5) business days prior to the advertised opening (not counting the day of the opening) and /or in compliance with any other applicable requirements unique to each competitive solicitation. b) The Purchasing Office shall be responsible for notifying all prospective responders who have received specifications of any issued addenda in writing five (5) calendar days prior to the competitive solicitation opening date (also see Administrative Instruction 44802, Competitive Solicitation Process). Specifications and addenda in the possession of the Purchasing Page 14 of 91 Office are controlling. C) Each responder shall examine all competitive solicitation documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the competitive solicitation shall be made to the Requesting Department. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addenda are issued, Monroe County will attempt to notify all prospective responders who have secured the same. B. Procedure for Competitive Solicitation 1. All public notices calling for competitive solicitations bids, proposals, or replies will include a notification of the date, time and place that the responses will be accepted and opened. Any and all responses received after the time and date of acceptance will not be considered and will be (if so requested) returned (at the Responder's expense) unopened to the sender. 2. All sealed responses shall be opened at the Purchasing Office unless another location for doing so was designated in the applicable Public Notice. The Purchasing Office shall receive and retain all original and published competitive solicitations, notices, addenda and related competitive solicitation documentation pursuant to the Florida Department of State General Records Schedule GS1 -SL for State and Local Government Agencies, applicable local and statutory regulations and any other regulations that may apply. All competitive solicitations shall remain valid for a minimum period of 90 days. 3. All Respondents submitting responses for construction, improvement, remodeling or repair of public buildings, will furnish evidence that they hold the required and /or appropriate current certificate or registration per Ch. 489.131 F.S. unless exempt under Ch. 489.103 F. S. 4. All openings shall be open to the public and the Purchasing Office shall certify and keep a record of said openings. All competitive solicitations shall be stamped with the date and time of receipt by the Purchasing Office and remain under lock. 5. A comprehensive review of the responses will be conducted by the Requesting Department. The Purchasing Office will prepare a tabulation of the competitive solicitation opening and certify whether or not any of the respondents that have submitted a response appears on the State of Florida Convicted or Suspended Vendor list. The Purchasing Office shall maintain an original set for the Purchasing Office file and the Requesting Department will receive the remaining documents. Page 15 of 91 6. The Requesting Department shall review the information submitted pursuant to MCC Section 2- 347(h) in determining a responsible responder. The Department Director /Requesting Department may consult with the County Attorney or other departments to assist with the evaluation or investigation of this information. a) The Requesting Department may use a selection committee appointed by the Department Director to review, analyze, evaluate and rank/rate the applicable solicitation responses received and report their findings to the BOCC for consideration and approval. In the event a selection committee is to be used, the solicitation shall so specify. Selection committees shall be comprised of no less than three (3), and no more than seven (7), members. Each selection committee shall have at least one member who is employed by the Requesting Department and at least one member who is not employed by the Requesting Department. Depending on the extent of technical information that may be contained in any solicitation, the Department Director may appoint several members from his department, but no more than 2/3 of the members may be from the same department. There shall be no consultants contracted by the County and no County Commissioners on a selection committee. Generally, no County Attorney shall be a voting member of a selection committee unless the County Attorney's office is the Requesting Department. If the issue(s) involve any other government agency, the Department Director may appoint someone from an affected agency to be on the committee. 7. A BOCC meeting agenda item shall be prepared by the Requesting Department and attached to the recommended bid. A hard copy and electronic file of the agenda item summary sheet should be forwarded to the Purchasing Office to be retained in the competitive solicitation file. 8. Upon approval by the County Administrator, the response(s) will be submitted for BOCC consideration on a future regular meeting agenda (within sixty (60) calendar days of selection) for BOCC approval of an award. A copy of the agenda item seeking approval of an award shall be sent to the Purchasing Office via e -mail. 9. The County Administrator and /or appropriate Department Director will be responsible for presenting recommendations to the BOCC. 10. Once the BOCC has made a decision, the Requesting Department Director or the designated contract manager will be responsible for ensuring the accomplishment of that which was approved and issuing a P.O. for the full contract purchase amount. 11. When the BOCC directs staff to provide for oral presentations to be made on a competitive solicitation, all the procedures in F.S. 286.0113, F.S. 119.07(l) and Section 24(a), Art I. of the State Constitution shall control. Page 16 of 91 C. Tie Responses In the event the same competitive solicitation amounts are received from two or more responders who are considered by the BOCC to be equally qualified and responsive or when two or more responders are equal in rank and score, and only one of the responders has a principal place of business in Monroe County, FL, the award shall be to the responder who has a principal place of business located in Monroe County, FL, except where prohibited by federally funded contracts. Otherwise, the tie will be resolved by draw from an opaque container. D. Rejection of Responses The BOCC shall have the authority to reject any and all responses to a competitive solicitation request. 2. If the lowest, responsible response exceeds the budgeted amount and the BOCC does not appropriate additional funds, the requesting authority may solicit approval from the BOCC to amend the project specifications and re- advertise the competitive solicitation. 3. If no response is received, the BOCC may be requested to authorize the County Administrator to undertake a different level of competitive selection, including but not limited to a request for letters of interest, and, upon receipt of any response to get approval from the BOCC to proceed with a second mechanism, which may include 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 N negotiated price would be in the County's best interest, and if so, authorize the requisition. CD 4. Late responses. Any and all responses received after the time and date of acceptance will not be accepted. E. Waiver of Irregularities The BOCC shall have the authority to waive any and all irregularities in any and all formal bids, proposals or other responses to competitive solicitation requests. F. Award of Contract The Mayor, when authorized by majority vote of the BOCC, shall execute formal contracts valued at $50,000.00 or more having a binding effect upon the County. G. Protest Procedure Any Bidder/Respondent /Proposer who claims to be adversely effected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy -two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined that it is in the best interest of the County to do so. A formal written protest may be submitted in writing and must be received by the County Attorney's Office seventy -two (72) hours or three (3) business days prior to the Board of County Commissioner's Page 17 of 91 meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the Board of County Commissioners at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder /Respondent /Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The Board of County Commissioners decision to award the contract is final and at their sole discretion. 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: Appraisal Services - real and personal property appraisers (as per Chapter 125.355, F.S.). 2. Architecture, professional engineering, landscape architecture, or registered land surveying services (as per Chapter 287.055, F.S.). 3. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per Chapter 11.45, F.S.). 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 authorized by the Office of the County Attorney, including expert witnesses, conflict counsel, Division of Administrative Hearings (DOAH) services, lobbying services, investigative services, interpreter services, court reporting services or advertising services and any other services required by the Office of the County Attorney. 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. When purchasing professional services below $50,000.00, obtaining price quotes as set forth in Chapter 2 of this policy is strongly recommended, but are not required. The Requesting Department should document why price quotes are not provided. The County Administrator may require competitive solicitation in the form of an RFQ or RFP. Page 18 of 91 Professional services, subject to the competitive solicitation process, will be typically acquired through one of the following methods: Competitive Selection and Negotiation - per Chapter 287.055, (4) & (5) F.S. Consultants Competitive Negotiations Act ( "CCNA "). 2. Request for Qualifications (RFQ). a) Responding firms are ranked based upon criteria set forth in the RFQ. If presentations are requested by the County they will be held in compliance with F.S. 286.0113. b) The County will negotiate a contract with the firm selected by the BOCC as the highest ranked firm /individual. C) The negotiated contract will be reviewed and placed before the BOCC for approval 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. G Continuing Contracts Go Definition: N N CD A continuing contract is defined as a contract for professional services in accordance with all the procedures of Florida Statute Sec. 287.055 between the County and a firm whereby the firm CL provides professional services for professional architects, engineers, landscaping, or surveying and mapping services for projects in which the estimated construction cost of each individual project >- under the contract does not exceed the amount of Two Million and 00 /100 ($2,000,000.00) Dollars, J or for a study activity if the fee for professional services for each individual study under the CL contract does not exceed Two Hundred Thousand and 00 /100 ($200,000.00) Dollars, for work of 0 a specified nature as outlined in the contract required by the County, with the contract being for a z fixed term or with no time limitation except that the contract must provide a termination clause. s Firms providing professional services under the continuing contracts shall not be required to bid against one another. Competitive Selection of contractors for continuing contracts Continuing contracts shall be chosen by the competitive selection process. During the selection process, a selection committee shall rank the professional service contractors. The Board of County Commissioners shall approve the award of each contract for a general continuing contract. The number of contractors to be chosen shall be at the discretion of the Board of County Commissioners. Award of individual contracts to contractors Page 19 of 91 I . Separate contracts or task orders for each individual project shall be awarded among the contractors who have been awarded a general continuing contract. 2. Separate contracts or task orders for each individual project shall be approved by the Board of County Commissioners when required under the purchasing policy. 3. The separate contracts or task orders for each individual project shall be awarded on a rotating basis beginning with the top ranked professional service contractor and continuing to the next contractor in ranked order. 4. When the County has identified an appropriate project, County staff shall consult with the next ranked contractor in rotation and shall negotiate the terms of a contract for the specific individual project. If the County and the next ranked contractor in rotation are unable to come to agreement as to the terms of a contract, the contractor shall be placed back in rotation and the staff shall move on to the next ranked contractor in rotation to begin negotiations, and the process shall continue until an agreement can be reached. 5. The order of rotation may be changed by the County Administrator, or the Deputy County Administrator, for the following reasons: a) If the next ranked contractor is not available within the time required by the County for an upcoming project, the contract may be awarded to the next contractor in rotation who is available; and b) If a project requires a particular skill set or expertise which, in the discretion of the County Administrator or his designee, is more suitable to a contractor who is not next ranked in the order of rotation, the County Administrator may award the project regardless of rank order; and C) In case of emergency, the County is not required to follow the order of rotation in order to accomplish the necessities of the situation. For purposes of this policy, emergency shall be defined as in the Monroe County Code at Section 2 -347 (k) (1). d) When a contractor is not awarded a contract due to the reasons stated herein, that contractor shall be given the next project in rotation for which he is available and possesses the requisite expertise. 6. It is the intent of 4w4 the Board of County Commissioners that the contracts be ranked and rotated in order of ranking so that the award of contracts are distributed among the contractors and no particular contractor shall be given a contract out of order except for the reasons stated above. 7. The County Administrator shall seek approval and shall provide an explanation to the Board of County Commissioners when a contract or task order is to be awarded out of the ranked order of rotation. CHAPTER 5 - DESIGN /BUILD CONTRACTS A. 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, F.S. and the procedures set forth in this section. 2. For the purpose of this section, the following definitions shall apply: Page 20 of 91 a) A "design /build firm" means a partnership, corporation, or other legal entity which is: (1) Certified under Chapter 489.119, F.S., to engage in contracting through a certified or registered building contractor as the qualifying agent: and; (2) Certified under Chapter 471.023, F.S., to practice or to offer to practice engineering; certified under Chapter 481.219 F.S., to practice or to offer to practice architecture; or certified under Chapter 481.319 F.S., 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 F.S. to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under Section 471 F.S. 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 BOCC. If the BOCC 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 F.S. The design criteria services of a firm under continuing contract may also be utilized if the project construction costs are estimated not to exceed $2 million 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; Page 21 of 91 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 Chapter 3 Competitive Solicitation Process. 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 Department 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 Department may use a process established by statute and authorized by the BOCC, however, for all design /build competitive selection documents the following shall apply: a) Proposals must consist of a technical proposal and a price proposal. The two proposals must be segmented into separate sealed packages and clearly marked Go r (1) The technical proposal must include all the information requested in response to the scope of services described in the design criteria package. N (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. C CHAPTER 6 - CONTRACTS /AGREEMENTS A. Contract Review All contracts, leases and /or agreements of $50,000.00 or more shall be reviewed by Risk Management, Purchasing /OMB, the appropriate Department 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. All agenda item summaries and contract summaries accompanying agenda items shall be prepared by the Requesting Department. 2. The Department 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 Page 22 of 91 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 requests for competitive solicitation and any contract document shall contain a statement which reads as follows (Section 287.133 F.S.): "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, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply 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 convicted 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 Go 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 N the County may, in its discretion, terminate this contract without liability and may also, in CD its discretion, deduct from the contract or purchase price, or otherwise recover the full a! M amount of any fee, commission, percentage, gift, or consideration paid to the former CL County officer or employee." 4. Non - Collusion Statement Each bid shall contain the appropriately worded non - collusion certification. 5. Drug Free Workplace: Each bid shall contain an executed "Drug Free Workplace" form C. CPI Computation A multi -year contract /agreement amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI -U), for the year ending December 31 of the previous year. D. Exceptions 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. Page 23 of 91 b) Interdepartmental charges - billings for specific office repairs, fuels from bulk storage, County vehicle maintenance or repairs, etc. 2. The Purchase of the following specific goods and or services requires a purchase order and in addition 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 45511. b) All telephone systems, lines, services, equipment and audit costs for same. Monroe County Administrative Instruction 44401. C) All computers and or data communications hardware, software, product and services. Monroe County Administrative Instruction 44401. d) Business cards are subject to Monroe County Administrative Instruction 44800.13. e) All travel shall be approved and /or regulated by the Monroe County Administrative Instruction 44716. f) All purchase of vehicles, rolling equipment or emergency generators (excluding fire trucks and ambulances) shall conform to Monroe County Administrative Instruction 46402. E. Preference to Florida businesses (F.S. 287.084) When required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive response is a vendor whose principal place of business is in the State of Florida, then the County may award a preference to the lowest responsible and responsive vendor having a principal place of business within the State of Florida. However, this section does not apply to transportation projects for which federal aid funds are available. F. Preference to businesses with drug free workplace programs (F.S. 287.087) Whenever two or more responses that are equal with respect to price, quality, and service are received by the County for the procurement of commodities or contractual services, a response received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. CHAPTER 7. EXCLUSIONS A. Sole Source Purchase of commodities and services from a single source may be exempted from formal competition under the following conditions: Page 24 of 91 All Sole Source purchases are subject to approval by either the BOCC, County Administrator, Assistant County Administrators or Purchasing Director in accordance with purchasing level authority. The Purchasing Office must in all cases evaluate the request for such commodity, service or source. The Purchasing Director shall be authorized, after initial sole source certification, to make additional purchases from a sole source vendor for not more than one year or until such time as contrary evidence is presented regarding sole source eligibility, whichever period is less. 2. There must be a documented determination from the Requesting Department or person that there is no other source readily available prior to the initiation of the sole source procurement. a) The Requesting Department shall document the search conducted to ascertain that C. there is no other source available. The search shall include phone calls, e- mails, _ and letters to procurement offices or the Requesting Department's counterpart in other Florida counties as well as to entities listed in the County's vendor list and 2 the phonebooks for Monroe County and Miami -Dade County in business c classifications which might reasonably be expected to provide the goods or services desired. The documentation shall include a log of phone calls made and the emails and letters sent with a compilation of results from all phone calls, responding letters and other correspondence. Go r b) Where the procurement itself, due to the nature of the goods or services (i.e. in order to obtain conformity to existing contracted goods or services, in order to N avoid the loss of warranty coverage, proprietary licensing, equipment capability, etc.), dictates sole source acquisition, the Requesting Department shall provide written justification as to the sole source nature of the procurement. CL c) Upon approval from the BOCC, County Administrator, or Purchasing Director that the proposed provider is a sole source provider, the Requesting Department may proceed with the procurement process. B. Emergency Purchases The term "emergency" is as defined in Section 2- 347(k)(1) of the Monroe County Code. Purchase of commodities and services in the event of a public emergency may be obtained under the following conditions: The public emergency for the requirements will not permit a delay resulting from competitive solicitation. 2. With respect to an emergency as defined in Section 2- 347(k)(1)a. -c. of the Monroe County Code: a) Where the value of the goods or services to be purchased is less than $50,000.00, emergency purchases may be approved up to the spending levels outlined in Chapter 2 Section F, above without the need for obtaining Page 25 of 91 competitive price quotes. b) Where the value of the goods or services to be purchased equals or exceeds $50,000.00, the purchase may be approved by the Mayor, or if the Mayor is not available then the Mayor Pro Tem, or if the Mayor and the Mayor Pro Tern are not available then County Commissioners in order of priority based on longest consecutive tenure on the Board of County Commission, but the purchase must be ratified after - the -fact by the Board of County Commissioners at the next practicable meeting of the BOCC. 3. With respect to an emergency as defined in Section 2- 347(k)(1)d. of the Monroe County Code, the purchase may be approved up to the spending levels outlined in Chapter 2 of this Manual, including the requirement to obtain competitive price quotes, where necessary. 4. Where the purchase of goods or services requires a contract where the cumulative total value per fiscal year is $50,000.00 or more, the contract must be ratified after - the -fact by the Board of County Commissioners at the next practicable meeting of the BOCC. 5. Authorization During Normal Business Hours. In the case of emergencies that require the immediate purchase of goods, equipment, or services, the County Administrator, Assistant County Administrator, Purchasing Director, Department Director, or a properly authorized designee shall be empowered to secure such goods or services without competitive selection. In this event, all measures reasonably possible under the circumstances shall be taken to assure the maximum cost benefit to the County of the goods or services procured. 6. Authorization Outside of Normal Business Hours. A Department Director, during non - business hours, is authorized to make purchases without competitive solicitation, when an emergency arises. 7. Documentation and Approval. Documentation for emergency purchases pertaining to the above shall be submitted to the Purchasing Office with a detailed explanation, and support material attached, if applicable, within ten (10) workdays after the event occurred. Emergency purchases below the competitive solicitation thresholds shall be approved by the County Administrator after -the- fact. All emergency purchases equal to or exceeding $50,000.00 must be approved by the BOCC after - the -fact. 8. All emergency purchases are subject to approval by either the BOCC, County Administrator, Assistant County Administrator or Director of Purchasing at the authorized level of authority. Any waiver of competition in a specific instance shall not serve to waive competition of future purchases of a similar or exact nature. Page 26 of 91 Emergency purchases are to be used only when unforeseen circumstances occur. Poor planning does not constitute an emergency. C. Cooperative Purchasing 1. State and Federal Contracts. Purchases equal to $50,000.00 or more from vendors holding current "State" and Government Services Administration herein after ( "GSA ") contracts are exempted from the competitive bidding process. However, before any purchase is made through an existing contract, the Requesting Department, if directed by the Purchasing Director or County Administrator, must first contact other South Florida vendors in order to determine if the goods or services sought are available at a lower price than the price(s) of the existing contract. If the goods or services are available from another vendor at a price lower than the price of the existing contract, then the contract for the goods or services must be awarded to that vendor. The purchase of the goods or services sought may be made through the existing contract if none of the other vendors contacted by the Requesting Department offered the goods or services at a price lower than the price of the existing contract. The Purchasing Director will review and verify the Requesting Department's information or documentation. 2. Other Public Procurement Units. Requesting Departments are authorized to purchase goods and services from cooperative purchasing ventures run by other units of governments when the best interests of the County are served. All purchases made through this section shall be from contracts awarded through full and open competition, equivalent with the methods set forth in this policy, and shall be exempt from further competitive procurement process set forth in this policy. The Purchasing Department is also authorized to enter into joint ventures with other local governments in order to create purchasing cooperatives and promote efficient purchases. D. 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 Request for Bids (RFB's), Request for Proposals (RFP's) or replies.. (BOCC action 5- 26 -93, Page 93/254 41). E. Piggybacking The County has the option to "piggyback" on another governmental entities' or not for profit association's competitively awarded bid to take advantage of the pricing received: 1. The Requesting Department must first verify specifications and award information and receive permission from both the entity and the vendor to piggyback. 2 Piggyback purchases equal to $50,000.00 or more are not subject to the competitive solicitation process. However, before any purchase is made through an existing contract, the Requesting Department, if directed by the Purchasing Director or County Administrator, must first contact other South Florida vendors in order to determine if the goods or services sought are available at a lower price than the price(s) of the existing contract. If the goods or services are available from another vendor at a price lower Page 27 of 91 than the price of the existing contract, then the contract for the goods or services must be awarded to that vendor. The purchase of the goods or services sought may be made through the existing contract if none of the other vendors contacted by the Requesting Department offered the goods or services at a price lower than the price of the existing contract. The Purchasing Manager will review and verify the Requesting Department's information or documentation. 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. CHAPTER 8. BLANKET PURCHASE ORDERS A Blanket Purchase Order (BPO) is a simplified method of filling anticipated repetitive requirements for supplies or services with qualified vendors during a specified period (not to exceed 12 months or one (1) fiscal year whichever is less). BPOs are designed to reduce administrative costs in accomplishing purchases (up to $49,999.99) by eliminating the need of issuing individual written purchase orders. Go BPOs 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 N purchase requisition containing (1) description of the required items or services, (2) CD specified period, and (3) estimated quantities for the specified period, is required to get a pre - priced BPO. BPOs cannot be issued without a maximum dollar amount. A BPO shall CL be authorized in writing by the Department Director or their designee. CHAPTER 9. MINORITY BUSINESS ENTERPRISE (MBE), SMALL BUSINESS & DISADVANTAGED BUSINESSES On all contracts or contract modifications of over $500,000 ($1,000,000 for construction) and that have subcontracting possibilities, and for all federally funded contracts, the Purchasing Director and /or the 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: 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. Page 28 of 91 4. Assurance that the clause at FAR 52.219 -8 will be included in all subcontracts that offer subcontract opportunities (as applicable). 5. Assurance that federally funded contracts comply with the provisions contained therein. 6. Assurance to cooperate on surveys for compliance. CHAPTER 10. 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, except as set forth below. The purchase of builder's risk insurance for County projects may be exempt from competitive bidding procedures pursuant to Section 2- 347(e)(5)(g.) For the purchase of builder's risk insurance expected to cost less than $50,000, separate price quotes are not required, but the agent should solicit several insurance companies to ensure that the best price is attained. For the purchase of builder's risk insurance expected to cost more than $50,000, the County Administrator should authorize the purchase and report to the Monroe County BOCC the purchase of the premiums. It is understood that since the cost of builder's risk policies are included in the overall budget for the project, the cost of premiums will be paid from the funding source for that project which are generally approved by the BOCC as part of the budget process. The purchase of insurance which is exclusive, due to the unique terms and conditions and /or the detailed coverage required by the County, may also be exempt from competitive bidding procedures pursuant to Section 2- 347(e)(5)(g.). Risk should document the reason(s) for the policy being exempt from the competitive bidding procedures. When premiums exceed $50,000, the Monroe County BOCC should authorize the exemption. In an emergency, i.e. an interruption of an essential government services, the County Administrator may authorize the purchase of the policy and seek ratification from the Monroe County BOCC. All policies for insurance coverage shall have an initial term and shall thereafter be renewable yearly for up to three (3) additional years with BOCC review. CHAPTER 11. RECYCLED CONTENT PRODUCTS The County 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. To the extent feasible each department shall keep a compilation of the number and amount of recycled product or materials it purchases each fiscal year. Page 29 of 91 CHAPTER 12. SURPLUS ITEMS The objective of this policy is to ensure that all County assets are properly tracked and disposed of in compliance with Florida Statutes. The following rules apply to all departments in possession of fixed assets belonging to Monroe County. The rules also apply to constitutional officers, contracting parties, and third party entities in possession of fixed assets belonging to Monroe County. (Each such department, or office shall be known as a "using agency ".) Contracting parties in possession of tangible non - consumable property owned by Monroe County which is no longer used or which has become obsolete, worn out or which the parties believe should be scrapped shall submit reports identifying such property to the department responsible for their contract, which in turn shall forward the reports to the Clerk of the Court, Property Clerk. 1. Each using agency shall assign a person who will be primarily responsible for maintaining the fixed assets of the Department or Office ( "Property Custodian "). 2. Classification of Surplus Property a) Property may be designated as surplus by the using agency for any of the following reasons: (1) It becomes inoperable and cannot be repaired; (2) It is more economical to replace the asset than to repair it; (3) Property becomes obsolete; (4) The department or office no longer has need of the item; or (5) It is scheduled for replacement as a matter of policy. b) All property that is declared surplus shall be designated into one of four (4) categories: (1) Vehicles; (2) Property with a historical purchase value equal to or greater than $1,000 (fixed asset, with property ID#); (3) Property with a historical purchase value less than $1,000 (non -fixed asset, no property ID#); (4) Computers, computer - related, and telecommunication equipment. 3. After the property has been placed into a specific category the following procedures will be used for disposition: (1) Property estimated to have a fair market value equal to or greater than $5,000 shall be sold by competitive solicitation /public auction to the highest responsible responder after publication of notice of at least one week and not more than two weeks in a newspaper of Page 30 of 91 general circulation within the County; and additional notice if, in the opinion of the using agency, it will serve the best interests of the County. (a) Required forms to initiate the competitive solicitation /public auction of surplus property The Property Custodian within the using agency is responsible for preparing and submitting an Inventory Deletion Request Form (See Attachment B.2.), executed by the Property Custodian and the Department Director of the using agency, to the Property Inventory Clerk. For computer related equipment valued over $1,000, the Property Custodian in the using agency is responsible for preparing and submitting the required Computer Related Equipment Inventory Deletion Request Form (See Attachment B.3). The Information Technology Department will send the completed form to the Property Inventory Clerk and coordinate directly with the Property Inventory Clerk and the using agency for the competitive solicitation /public auction and /or transfer, donation or disposal of the surplus computer equipment. (See Administrative Instruction 4725. Effective June 18, 2012). (b) BOCC must approve the request to advertise for competitive solicitation /public auction for the sale of surplus property Upon receipt of the fully executed Inventory Deletion Request Form or Computer Related Equipment Inventory Deletion Request Form, the Property Inventory Clerk or using agency, will place an item on the BOCC agenda for approval of competitive solicitation /public auction for the sale of the surplus items. (c) Scheduling and Coordination of Competitive Solicitation /Public Auction Following BOCC approval, the Property Inventory Clerk initiates and coordinates the competitive solicitation process for the sale of surplus property at intervals throughout the year as needed, coordinating with the Property Custodians in each using agency, the County Attorney's Office and the BOCC Purchasing Office. In addition to the Property Inventory Clerk's sale of surplus property, the using agency may schedule and coordinate a competitive solicitation /public auction for the sale of specific surplus property when it is necessary or beneficial for the County. (d) Notice: At the request of the Property Inventory Clerk or using agency the County Attorney's Office prepares allotice ofRequestfor Competitive Solicitation (see Attachment B,. using the surplus property inventory data provided by the Property Inventory Clerk or using agency. The County Attorney's Office transmits the notice requesting publication one time in the Key West Citizen (as the local newspaper qualifying under Florida Statutes Chapter 50.031) and, per BOCC direction, one time in the Middle and Upper Keys area newspapers (Keynoter and Reporter). The Notice shall also be posted Page 31 of 91 to the County's website. The Purchasing Director places the item(s) on DemandStar. (e) Once the opening is held and the responses are reviewed, the Property Custodian within the using agency places an item on the BOCC agenda, requesting approval to award /sell specific item(s) to the highest responsible responder and authorizing the County Administrator to sign the Bill of Sale, Absolute prepared by the Property Inventory Clerk. (f) After payment is received, the Property Inventory Clerk is responsible for preparing and transmitting a Bill of Sale, Absolute to the County Attorney's Office for each individual surplus item being sold. The County Attorney's Office transmits the Bill of Sale, Absolute to the County Administrator for execution. Upon execution the Bill of Sale, Absolute shall be forwarded to the Clerk for recording of the document in BOCC records. The Clerk then transmits the fully executed original Bill of Sale, Absolute (s) to the Property Inventory Clerk to transfer title and possession of the item(s) to the successful bidder, coordinating with the using agency as needed. If the item(s) are sold via public auction by an outside vendor retained by the County, the Property Inventory Clerk will coordinate title transfer and preparation of documents with the vendor and may do so prior to payment to the County and /or in accordance with the public auction vendor's contract. (2) Assets with a fair market value equal to or greater than $5,000 for which no bid was received shall again be offered for sale by competitive solicitation. If no acceptable bids are received after a second attempt to sell by competitive solicitation, then the property may be sold by an outside vendor retained by the County for public auction services. Assets with a fair market value lower than $5,000 for which no bid was received after one attempt to sell by competitive solicitation may be sold by an outside vendor retained by the County for public auction services. (3) All assets with a fair market value lower than $5,000 may be sold by competitive solicitation /auction in accordance with the procedure set forth above, or may be donated to another governmental entity or not - for - profit organization as set forth below. Assets with a fair market value equal to or greater than $5,000 for which no bid was received at competitive solicitation may also be donated to a governmental entity or not - for - profit organization. Assets with a fair market value equal to or greater than $5,000 may be offer to other government units in the County for sale or donation or may be offered to private nonprofit agencies, prior to being sold by competitive solicitation when it is determined by the BOCC to be in the best interest of the County to do so. Page 32 of 91 (4) Property estimated to be less than $5,000 that has a useful life, may, but is not required to, be offered to all other County departments by use of County e -mail for a period of 10 days, on a first come, first serve basis. A Fixed Asset Transfer Form (See Attachment B.4) will be completed by the receiving and transferring department or office and submitted to the Property Inventory Clerk with a copy to Risk Management. (5) Property which value is estimated by the BOCC to be under $5,000.00 deemed to have no further use to the County due to obsolescence, inefficiency, or being uneconomical may be donated to another governmental entity within the County, may be donated to a private not - for - profit organization within the County or may be disposed of for value in compliance with 274.06, Florida Statutes and as amended. The determination of property to be disposed of by the BOCC shall be at the election of the BOCC in the reasonable exercise of its discretion pursuant 274.06, Florida Statutes. Property, the value of which the BOCC estimates to be under $5,000.00, may be disposed of in the most efficient and cost - effective means as determined by the BOCC pursuant to F.S. 274.06. All assets under a lease agreement will be disposed of in accordance with the terms of the agreement. (8) If it is determined that the trade -in value is more beneficial to the County, a vehicle or Go r piece of equipment may be used as a trade -in for the purchase of replacement equipment. r N N CD (9) If it is determined that it is useful and economical to retain a portion, or a component, of the asset for future use, then the portion or component can be retained and the balance of the asset sold, donated, or destroyed. In such case the portion retained and the portion CL sold, donated, or destroyed shall be noted on appropriate forms. 4. Subject to the procedures noted above, responsibility for disposition is as follows: a) Fleet Management is responsible for the disposition of vehicles and other heavy equipment, excluding Emergency Services, Airports and Social Services Department vehicles. Those Departments are responsible for disposition of their vehicles and are required to follow the surplus property as set forth above. b) Property Custodians are responsible for the disposition of fixed assets of any value, other than vehicles, computers, computer - related, and telecommunication equipment. C) Information Technology is responsible for the disposition of computers, computer - related, and telecommunication equipment. 5. Employees of Monroe County are expressly forbidden to bid on sales of surplus Monroe County property. No employee's relative, as defined by Florida Statute Section Page 33 of 91 112.312(21), shall be allowed to bid on surplus property over which the employee had custody or authority to initiate or authorize the decision to surplus. F.S. 112.312(21): "Relative," unless otherwise specified in this part, means an individual who is related to a public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father -in -law, mother -in -law, son -in -law, daughter - in -law, brother -in -law, sister -in -law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half - brother, half - sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to the public officer or employee or who otherwise holds himself or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom the public officer or employee intends to form a household, or any other natural person having the same legal residence as the public officer or employee. CHAPTER 13. PURCHASING CARDS (P- CARDS) Go The Monroe County Purchasing Card Policy & Procedures establishes detailed procedures and policies which control the use of Purchase Cards. The Purchasing Card Policy & Procedure is to N be followed and is attached hereto as Attachment C. There shall be absolutely no personal CD purchases made with the County issued P -Card. CL CHAPTER 14 — FEDERAL FUNDING REQUIREMENTS This Chapter is provided to ensure that Monroe County has and maintains proper policies and procedures as required by federal awards and consistent with 2 Code of Federal Regulations ( C.F.R.) Chapter I, Chapter 11, Part 200. All procurements must comply with Florida Statutes, rules and procedures as per 2 C.F.R. § §200.318- 200.326. All Contracts and procurements in which federal funds are used shall include the following provisions: [See 2 CFR part 200 for a more detailed description of the federal provisions] A. PROCUREMENT STANDARDS (2 C.F.R. $.$200.318- 200.326) 1. General Rules These standards apply to procurement of goods or services using federal funds and program income. The procurement must comply with Non - Federal Entity/Monroe County's procurement procedures which reflect applicable State and local laws and regulations, provided that they conform to applicable Federal law and the standards identified in 2 C.F.R. Part 200. Page 34 of 91 The Requesting Department, via the designated contract manager, must maintain oversight to ensure that contracts perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (2 CFR § 200.318(b)) 2. Procurement Documentation: The County must maintain all procurement records sufficient to detail the history, including all competitive bidding documents and all other documentation relating to the evaluation of the competitive bidding proposals and responses; justification of the award; and approval of the contract price and type. The Requesting Department must complete the Procurement Form(s) (Attachment E.1 & Attachment E.2 (For purchases through competitive solicitation), and submit with the RTP (if Hurricane related, use Hurricane FTP Form Attachment E.4 and also include Hurricane Audit Slip Attachment E.5.). These documents must be maintained in accordance with Chapter 119, Public Records Law and the Florida Department of State, Division of Library and Information Services, General Records Schedules GS1 -SL for State and Local Government Agencies. 3. Conflict of Interest: The Monroe County Personnel Policies and Procedures Manual setting forth written standards of conduct, including conflict of interest, and governing the actions of County employees shall be followed at all times along with the Monroe County Administrative Instruction 4301.9, Basic Procedures for Grant Administration, which set forth additional instructions relating to Federal rules and guidelines. No employee, officer or agent mU participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated in the contract, has a financial or other interest in or tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the County may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, in accordance with the Personal Policies and Procedures, a gift of $25.00 or less is considered non substantial financial interest or an unsolicited item of nominal value. County Employees, officers or agents that violate the County standards of conduct will be subject for disciplinary actions as set forth in more detail in the Personnel Policies and Procedures Manual. (2 CFR § 200.318(c)(1), 200.318(c)(2)) 4. Avoidance of unnecessary or duplicative items: The Office of Management and Budget (OMB) must review expenditures to avoid the acquisition of unnecessary or duplicative items; consider consolidating or breaking out procurements to obtain a more economical purchase; and where appropriate analyze lease versus purchase alternatives or other analysis to determine the most economical approach. OMB should foster greater economy and efficiency, and promote cost - effective use of shared services with the Federal Government and state and local government entities through interlocal agreements or other inter - entity agreements, including use of Federal excess and surplus property in lieu of purchasing new equipment and property. (2 CFR § §200.318(d), 200.318(e), 200.318(f)). Page 35 of 91 5. Contracts may only be awarded to responsible vendor /contractors: The County must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, including County laws and policies, record of past performance, and financial and technical resources. The Requesting Department must complete the Debarred, Suspended, or Ineligible Entity Checklist (Attachment E.3) (2 C.F.R.200.318(h)) (Note: No contract i) equal to or over $25,000, ii) for audit services, or iii) for which any prior agency approval is required, may be awarded to an entity that is suspended or debarred pursuant to 2 C.F.R. Part 180. 2 C.F.R. § 180.220(b)) B. COMPETITION REQUIREMENTS Full and Open Competition: As per 2 C.F.R. §200.319, and consistent with Monroe County Code §2- 347(a) and the Mission Statement of this Policy, all procurement transactions must be conducted in a manner providing for full and open competition, which prohibits placing unreasonable requirements, unnecessary experience or excessive bonding on firms in order for them to qualify to do business. County staff shall ensure that procurement transactions do NOT allow: noncompetitive pricing practices between firms and affiliated companies; noncompetitive contracts to consultants that are no retainer contracts (e.g. out -of -scope work added to the consultant's work retainer); W specifying only a "brand name" product instead of allow "an equal" product; and any arbitrary Go r action in the procurement process. 2 C.F.R. §319(a) N CD 2. Prohibition on Bidding: The contractor that is bidding on the contract cannot be involved with developing or drafting the specifications, requirements, statement of work, invitation for bids or request for proposals (2 CFR § 200.319(a)). CL 3. No State or Local Preference * : No preference shall be included in the competitive solicitation or in the procurement transactions (2 CFR § 200.319(b)). *Please note that the RESTORE ACT allows for state preference. 4. Solicitation Requirements: The solicitation shall include a clear and accurate description of the technical requirements for the material, product, or service to be procured, including requirements that must be fulfilled by offerors /vendors and the evaluation factors /criteria, e.g. Identify if price or quality is most important in the solicitation. If the County uses prequalified persons or firms, the contract for services or list must be current and include at least 3 prequalified persons or firms and not preclude any potential bidders from qualifying during the solicitation period. 2 C.F.R. § §319(c)- 319(4) C. METHOD OF PROCUREMENT REQUIREMENTS As per 2 CFR § 200.320, one of the following methods must be used when procuring goods or services with any federal funds: 1. Formal Procurement -Over $50,000.00 (2 C.F.R. �200.320(0) Page 36 of 91 a. Sealed Bids: Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price. Sealed bidding is the preferred method for procuring construction. [Federal Note: Sealed bidding is generally used where price is the most important evaluation factor for the County.] Contract award under the sealed bidding method of procurement is made to the bidder submitting the lowest priced, responsive and responsible bid. Responsive and Responsible Defined: "Responsive" refers to whether the bidder meets all the material requirement of the Request for Bids (RFB) /invitation for bid (11713), while "Responsibility" refers to contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, records of past performance, and financial and technical resources. [See 2 C.F.R. §200. 318(h)] ii. Conditions of Sealed Bids: All of the following conditions must be present to use sealed bids: i) a complete, adequate, and realistic specification or purchase c description is available ii) two or more responsible bidders are willing and able to compete effectively for the business iii) the procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on W the basis of price. [ 2 C.F.R. §200.320(c)(1)] oo r r iii. Requirements for Sealed Bids: If sealed bids are used, the following requirements apply: N CD 1) The County must solicit bids from an adequate number of known supplies (via DemandStar and if applicable to a list of suppliers to be provided to OMB from the Requesting Department), providing sufficient response time prior to the date set for CL opening the bids and must be publically advertised (refer to time frame set forth in Chapter 3, Paragraph A. 2.; U 2) The competitive solicitation should include any specifications and pertinent attachments, and define the items or services in order for the bidder to properly respond; C. 3) Set forth the Time and Place for the bids to be publicly opened; z 4) Award a firm fixed price contract in writing to the lowest responsive and responsible bidder; s U 5) If any bids are rejected, there must be a sound documented reason supporting the rejection [2 C.F.R. §200.320((c)(2)]. C. iv. Cost or Price Analysis As per 2 CFR §200.323, if the contract amount (including contract modification) exceeds $50,000.00 the County must perform a cost or price analysis. A Cost or Price Analysis must be conducted by the Requesting Department. (2 C.F.R. §200.323(a)) The degree of the analysis depends on the nature of the procurement; however, should at least start with and independent estimate established before receipt of responses /offers. Price & Cost Analysis Description: Page 37 of 91 a) "Price Analysis" is the process of examining and evaluating proposed price without evaluating its separate cost elements and proposed profit. Techniques include: comparison of amounts from responses received, comparison of proposed prices to historical prices paid, comparison with published price lists, comparison to your independent estimate. Price Analysis is the preferred method to be used by the Requesting Department. b) "Cost Analysis" is the review and evaluation of any separate cost elements and profit or Go fee in an respondents /offerors' proposal, as needed to determine a fair and reasonable price and the application of judgement to determine how well the proposed costs represent what the cost of the contract should be. The Requesting Department must negotiate profit as a separate element of the price for each contract in which there is no y, price competition and in all cases where cost analysis is performed. To establish a fair •2 and reasonable profit, consideration must be given to the complexity of the work to be C. performed, the risk borne by the contractor, the contractor's investment, the amount of = subcontracting, the quality of its record of part performance, and industry profit rates in the surrounding geographical area for similar work (2 C.F.R. §200.323(b)) Cost of prices L_ based on estimated cost for contracts under the Federal award are allowable only to the c extent that cost incurred or cost estimates included in the negotiated prices would be allowable for the County under Subpart E —Cost Principles of this part. The County /non- Federal entity may reference its own cost principles that comply with the Federal cost principles. (2 C.F.R. §200.323(c)) oo r c) Cost plus a percentage of cost and percentage of construction cost methods of contracting r N must not be used. (2 C.F.R. §200.323(4)). CD b. Procurement by competitive proposals: The technique of competitive proposals is CL normally conducted with more than one source submitting a response /offer, and either a fixed price or cost - reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. (2 C.F.R. §200.320(4) –' O i. Requirements for Competitive Proposals: If Procurement by competitive proposals CL are used, the following requirements apply: 1) The Request for Proposals (RFP) must z be publicized, i.e. as per Chapter 3, Paragraph A. 2.; 2) identify all evaluation factors and their relative importance, i.e. s U evaluation /selection factors and points /percentage allocation for each factor; 3) solicit proposals from an adequate number of qualified sources (via DemandStar CL and if applicable to a list of qualified sources to be provided to OMB from the Requesting Department); E 4) the method for conducting technical evaluations of the proposal received and for selecting recipients as outlined in Chapter 3, Paragraph B should be followed and when appropriate should be outlined in the RFP; 5) The County shall award the contract to the responsible firm whose proposal is most advantageous to the program /project, with price and other factors considered. [Federal Note regarding architectural /engineering (A /E) professional services: the County may use competitive proposal procedures, i.e. Request for Qualifications (RFQs) and the Consultants Page 38 of 91 Competitive Negotiation Act (CCNA), for qualifications -based procurement of A/E professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selector factor, can only be used in procurement of A/E professional services. It cannot be used to purchases other types of services though A/E firms that are a potential source to perform the proposed effort. 2 C.F.R. §200.320(4)(5)] 2. Informal Procurement- Over $3,500.00 up to $49,999.99 Small purchases Go procedures: Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the lesser of either (1) the Simplified Acquisition threshold (i.e. $50,000.00), or (2) whatever amount State (if applicable F. S. Statute requirement) or Monroe County's y, competitive procurement rules (i.e. $49,999.99 or less). Price and rate quotations must be .2 obtained from an adequate number of qualified sources. The Requesting Department C. should to the maximum extent possible obtain 3 or more price quotes and give = consideration to the amount of the purchase when obtaining rate and price quotes. When purchasing complex supplies or services, please document and include justification for the number of price quotes obtained. (NOTE: FEMA has determined that for simplified c purchase procedures, an adequate number of qualified sources are considered to be three (3)). The Requesting Department should follow the procedure as set forth in Chapter 2 F. 2. and ensure that proper documentation is maintained in this regard to justify the purchase. (2 C.F.R. §200.320(b)) oo r 3. Micro- purchases: Up to $3,500.00 (i.e. purchases below $3,500.00, See 2 CFR § r N 200.67) Micro - purchases are awarded without soliciting competitive quotations (i.e. price quotes) if the Requesting Department considers the price to be reasonable. [Note: Action to verify the reasonableness, need only be taken if the purchasing Director suspects or has CL information to indicate that price is not reasonable or the item is such that no comparable pricing information is readily available to the Requesting Department.] The Requesting Department, to the extent practicable, should distribute micro - purchases equitably among O qualified suppliers. Documentation of the purchase in the form of a RTP, when applicable, is CL necessary to the extent to demonstrate that it is an allowable cost for performance of the z Federal award (as per 2 C.F.R. §200.403) and to keep record of equal distribution to qualified suppliers. 2 C.F.R. §200.320(a) r, 4. Noncompetitive proposals: f2 C.F.R. �200.320(ffl [ Note: this does not apply to Micro - purchases; RESTORE ACT/ Department of Treasury has sole source section that provides more detail and should be referred to when using RESTORE ACT funds] i. Procurement by noncompetitive proposals: Procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: 1) the item is available from a single source; (substantial duplication of services to reach other sources is justification for proceeding with sole source, but this must be sufficiently documented by the Requesting Department and provided to OMB /Purchasing Director) Page 39 of 91 2) the public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation [Federal Note: Exigency" is generally defined as something that is necessary in a particular situation that requires or demands immediate aid or action. By comparison, the term "emergency" means an unexpected and usually dangerous situation that calls from immediate action. Emergency will typically involve a threat to the public or private property or some other form of dangerous situation, whereas an exigency is not necessarily limited.] ; 3) the Federal awarding agency or pass- through entity expressly authorizes noncompetitive proposals in response to a written request from the County; or 4) after solicitation of a number of sources, a competition is determined inadequate [Before utilizing this exception, the Requesting Department should review the solicitation and the publicizing of the solicitation to ensure that it was not inadvertently drafted in a manner to reduce or eliminate competition, which resulted in the receipt of one or no proposals. If this is found to be the case, the Requesting Department should revise the solicitation and re- publicized the solicitation in order to resolve the competitive concerns. The Requesting Department should also document justification for the noncompetitive procurement and provide to OMB /Purchasing Director]. D. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS As per 2 CFR 200.321, the County must take the affirmative steps below and in accordance with Go r Chapter 9- Minority Business Enterprise (MBE), Small business & disadvantaged Business of r this Policy to assure minority businesses, women's business enterprises, and labor surplus area N firms are used when possible: While some of the steps below may be duplicative with those set forth in Chapter 9 of this Policy, the Requesting Department in conjunction with the County's OMB Department shall: 1. Ensure that qualified small and minority businesses, and women's business enterprises are placed on solicitation lists. 2. Ensure that qualified small and minority businesses, and women's business enterprises are solicited whenever they are potential sources, including the list of DemandStar suppliers that are notified of competitive solicitations, the Small Business Administration's Dynamic Small Business Search website, and any additional supplier listed that may be generated. 3. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. 4. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. 5. Use the services and assistance, as appropriate, of such organizations as the Small Business Administrator and the Minority Business Development Agency of the Department of Commerce. Page 40 of 91 6. Require the prime contractor, if subcontractors are to be let, to take the affirmative steps listed above. [Federal Note: Collectively referred to as "socioeconomic contractors" or "socioeconomic contracting ", this requirement does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms; this requirement only imposes an obligation to carry out and document the six identified affirmative steps.]. E. CONTRACTUAL CONSIDERATIONS Contract(s) must include (See Appendix II to part 200): • Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6201). • Suspension and Debarment clause • Anti - Lobbying Clause; If the contract exceeds $100,000.00, bidders must submit an Anti - Lobbying Certification. • All procurements and contracts, involving the use of materials (e.g. debris removal and other services), must comply with the requirement to make maximum use of recovered /recycled materials as per 2 CFR §200.317, §200.322, and Chapter 11 (Recycled Content Products) of this Policy and include the recovered /recycled materials clause. • If the contract amount exceeds $150,000.00, it must address administrative, contractual, or legal remedies in instances where contractor violates or breaches contract terms and provide for sanctions and penalties • If the contract amount exceeds $10,000.00, it must address termination for cause and for convenience, including the manner by which it will be effected and the basis for settlement. • Rights to Inventions Made Under Contract or Agreement must be included if applicable. [This is not applicable to Federal Emergency Management Agency (FEMA) funding since it does not award grants of subgrants associated with research and development projects.] • If the contractor subgrant amount exceeds $150,000.00, it must include the Clean Air Act and the Federal Water Pollution Control Act. F. CONSTRUCTION CONTRACT CONSIDERATIONS County Departments that handle construction projects are encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. The County may use a time and material type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price, i.e. lump sum /not to exceed amount that the contractor exceeds at its own risk. Page 41 of 91 Time and Material contracts means that a contract whose cost to the County is the sum of i) the actual cost of materials; and ii) direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. (Please refer to time and material provisions as set forth in more detail in 2 C.F.R. §200.3180)) (2 C.F.R. § 200.318(g)) If the contract is for construction, is must include the Equal Opportunity Clause. For construction contracts exceeding $2, 000 awarded under a Federal grant, it must include a Davis -Bacon Act Clause and Copeland Anti - Kickback Act clause addressing prevailing wage rates. [Note that Public Assistance and Hazard Mitigation Grant Program contracts do NOT require these clauses.] If the contract amount exceeds $100, 000.00 and involves the employment of mechanics or laborers, it must include a Contract Work Hours and Safety Standards Clause. Bonding requirements for construction or facility improvement contracts exceeding $50,000.00 The Requesting Department shall require the procurement to include 1. A bid guarantee from such bidder equivalent to five percent (5 %) of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument Go r accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such r contractual documents as may be required within the time specified. 2. A performance bond on N the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 3. A payment bond on the part of the contract for 100 percent of the CL contractor price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. G. CAPTIAL EXPENDITURE Federal Funds may not be expended for capital expenditures for improvements to land, buildings, or equipment which materially increase their value or useful life without prior written approval of the Federal Awarding Agency or pass- through entity. (2 C.F.R. §200.439(3) 1. Insurance Coverage: The County must provide equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the County. (2 CFR 200.310) 2. Real Property: a. Title: Subjection to obligations and conditions set forth in 2 CFR 200.311, title to real property acquired or improved under a Federal award will vest upon acquisition to County. Page 42 of 91 b. Use: Except as otherwise provided by Federal Statutes or by the Federal awarding agency, real property will be used for the originally authorized purpose as long as needed for that purpose, during which time the County must not dispose of or encumber its title or other interests. c. Disposition: When real property is no longer needed for the originally authorized purpose, the County must obtain disposition instructions from the Federal awarding agency or pass- through entity. The instruction must provide for one of the following alternatives: 1) Retain title after compensating the Federal awarding agenda 2) Sell the property and compensate the Federal awarding agency 3) Transfer title to the Federal awarding agency or third party designated /approved by the Federal awarding agency. Equipment: a. Title: Subjection to obligations and conditions set forth in 2 CFR 200.313, title to equipment acquired under a Federal award will vest upon acquisition to County. Unless a statute specifically authorizes the Federal agency to vest title in the county without further obligations to the Federal Government, the Federal agency elects to do so, the title must be a conditional title. Title must vest in the County subject to the following conditions: 1. Use of equipment for the authorized purposes of the project during the period of performance, or until the property is no longer needed for the purposes of the project. 2. Not encumber the property without approval of the Federal awarding agency or pass- through entity. 3. Use and dispose of the property in accordance with 2 CFR 200.313 (b), (c) and (e) b. Use: Equipment must be used by the County in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal Award, and the County must not encumber the property without prior approval of the Federal awarding agency. When equipment is no longer needed for the original program or project, the equipment may be used in other activities in the order of priority as set forth in 2 CFR 200.313(c)(i) &(ii) c. Management Requirements: Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, as a minimum meet with following requirements: 1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including FAIN), who hold title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data include the date of disposal and sale price of the property. 2) a physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3) The Requesting Department along with the Property Inventory Clerk should ensure that equipment is part of the control system to ensure Page 43 of 91 adequate safeguards to prevent loss, damage, or theft of the property as set forth in Chapter 12 of the Policy. Any loss, damage or theft must be investigated. 4) The Requesting Department should ensure that adequate maintenance procedure is performed to keep the property in good condition. 5) The County shall follow the process as outlined in Chapter 12 and below to ensure the highest possible return. i. The Requesting Department shall coordinate with the Property Inventory Clerk to provide information as needed for their records and to maintain Go information and comply with the above requirements. d. Disposition: When the original or replacement equipment acquired under a Federal award is no longer needed for the original project or program or for other Go r activities currently or previously supported by the Federal awarding agency, r except as otherwise provided in Federal statutes, regulations, or Federal awarding N agency disposition instructions, the County must request disposition instructions C. from the Federal awarding agency if required by the terms and conditions of the = Federal award. Disposition of the equipment will be made as follows, in CL accordance with Federal awarding agency disposition instruction: 1) Items of equipment with a current per unit fair market value of $5,000.00 or CL less may be retained, sold, or otherwise disposed of with no further obligation to the Federal awarding agency. > 2) Except as provided in §200.312 Federally -owed and exempt property, M paragraph (b), or if the Federal awarding agency fails to provide requested Go r disposition instructions within 120 days, item of equipment with a current per -unit r fair market value in excess of $5,000 may be retained by the County or sold. The N Federal awarding agency is entitled to an amount calculated by multiplying the current market value or proceeds from sale by the Federal awarding agency's percentage of the participation in the cost of the original purchase. If the CL equipment if sold, the Federal awarding agency may permit the non - Federal entity to deduct and retain from the Federal share $500 or ten percent of the proceeds, U whichever is less, for its selling and handling expenses. 3) The County may transfer title to the property to the Federal Government or to C. an eligible third party provided that, in such cases, the County must be entitled to z compensation for its attributable percentage of the current fair market value of the property. _ U 4) In cases where County fails to take appropriate disposition actions, the Federal awarding agency may direct the County to take disposition actions. C. Page 44 of 91 ATTACHMENT A. MEMORANDUM To: Purchasing Department VIA: County Attorney's Office (for prior legal review /approval) From Date: Subject: Request for Competitive Solicitations (Name as appears on the cover page of the Competitive Solicitation) BOCC Approval Date: Department Director Approval: Date Received for Legal Review /Approval: Legal Approval Date: Reviewing Attorney Opening Date Assigned by Purchasing: Date: Date assigned: Page 45 of 91 Date Notice Transmitted to Papers by Legal /Memo Returned to Department: 2. Require vendors submit . 2 signed originals and one copy of their bids (minimum required) or as specified below. 3. Contact person /phone # for questions regarding specifications: 4. Advertising expenses are to be charged against account: 5. Notice to run 21 30 45 60 (circle one) or days prior to bid opening. 6. To add "supplemental suppliers" please provide company name and email address (attach list if more than one or more room needed). 7. In addition to the 3 local newspapers, please place notice in the following advertising newspapers. Must have Department Director approval for additional advertising Enclosures: One (1) copy of approved competitive solicitation, notice and one (1) CD Page 46 of 91 ATTACHMENT B. (Sample Form) NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on January 11, 2012 at 3:00 P.M. the Monroe County Purchasing Office will receive and open sealed responses for the following: TOM'S HARBOR CHANNEL BRIDGE REPAIR PROJECT DUCK KEY, MONROE COUNTY, FLORIDA Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecountybids.com or call toll -free at 1- 800 -711- 1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 2 -213, Key West, Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. Publication dates Reporter (Fr) 12/9/2011 Keynoter (Sa) 12/10/2011 Citizen (Fr) 12/9/2011 Page 47 of 91 ATTACHMENT B.I. APPROVAL TO ISSUE ADDENDUM All addenda to a request for sealed competitive solicitations must be available for viewing on Demandstar no later than five (5) days prior to the advertised opening (not counting the day of the opening) and /or in compliance with any other applicable requirements. Addenda shall clearly point out any addition or change to the specifications. It is the responsibility of the Requesting Department Director to ensure that all addenda is reviewed and approved by legal prior to submission to Purchasing. All addenda must be accompanied by this Approval to Issue Addendum form which must be executed by the reviewing County Attorney or Assistant County Attorney and the Requesting Department Director (as applicable) or their designee PRIOR to submission to Purchasing for approval and execution by the Purchasing Director or designee. Addenda received by Purchasing without this form or without proper execution will be returned to the Requesting Department Director. County Attorney or Assistant County Attorney Date Department Director (or designee) Date Purchasing Director (or designee) Date Re: (Name as appears on the cover page of the Competitive Solicitation) Page 48 of 91 ATTACHMENT B.2. MONROE COUNTY INVENTORY DELETION REQUEST TO: , Property Clerk FROM: Finance Dept., Stop 8 DATE: CHECK ONE (1) APPROPRIATE LINE BELOW: APPROVAL TO ADVERTISE FOR BIDS. APPROVAL TO DISPOSE OF IT. APPROVAL TO REMOVE FROM INVENTORY AND DONATE TO: REASON FOR REQUEST: PREPARED BY: Signature DEPARTMENT DIRECTOR APPROVAL: DATE: Signature Page 49 of 91 MONROE COUNTY COMPUTER RELATED EQUIPMENT INVENTORY DELETION REQUEST (ATTACHMENT B.3.) TO: , Property Clerk FROM: Finance Dept., Stop 8 DATE: M.C. I.D. Number ' Serial Number Asset Descri 'tion Date Purchased Pf Original & Est. Present Value CHECK ONE (I) APPROPRIATE LINE BELOW: APPROVAL TO ADVERTISE FOR BIDS. APPROVAL TO REMOVE FROM INVENTORY AND DISPOSE OF IT. APPROVAL TO REMOVE FROM INVENTORY AND DONATE TO: _ REASON FOR REQUEST: PREPARED BY: Signature Printed Name DEPARTMENT DIRECTOR APPROVAL: INFORMATION TECHNOLOGY APPROVAL: DATE: Signature Printed Name Signature Printed Name Page 50 of 91 MONROE COUNTY FIXED ASSET TRANSFER FORM (ATTACHMENT B.4.) TO: , Property Manager FROM: FINANCE DEPT, Stop #8 LOCATION LOCATION FROM: TO: Cost Center Number: Cost Center Number: I Cost Center Name: I Cost Center Name: I Location of Asset: OWNERSHIP CHANGE: YES NO DATE: SURRENDERING DEPARTMENT: Print name: RECEIVING DEPARTMENT: Print name: Page 51 of 91 ATTACHMENT C. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS PURCHASING CARD POLICY & PROCEDURES PURPOSE To establish those procedures under which departments will control the use of Purchase Cards assigned to and utilized by Board of County Commissioners (BOCC) employees for purchasing non - restricted commodities and services on behalf of the BOCC. These procedures are intended to accomplish the following: 1. To ensure that the procurement with Purchasing Cards is accomplished in accordance with the policy and procedure established within this and other sections of this manual. 2. To enhance productivity, significantly reduce paperwork, improve controls, and overall cost associated with purchases. 3. To ensure appropriate internal controls are established within each department procuring with Purchasing Cards so that they are used only for authorized purposes. 4. To have timely and meaningful management reports which detail and summarize periodic activity. 5. To ensure that the BOCC bears no legal liability from inappropriate use of Purchasing Cards. 6. To provide a convenient method for purchases, consolidate payments, improve customer service, reduce transaction cost, streamline processes, and capture spending information. 7. Ensure prompt payment to vendors. 8. Provide hard data on purchase activity with vendors in order to achieve savings by negotiated discounts based upon the volume of business with the vendor. 9. Specific advantages within the Purchasing Card Program itself include the various ways that limits and restrictions can be established that allow the tailoring of individual cards to fit the needs of the user. This will extend purchasing responsibility to more individuals than in the current purchasing environment, while maintaining or even increasing accountability. The success of the BOCC Purchasing Card Program relies on the cooperation and professionalism of all personnel associated with this initiative. The most important participant is the Cardholder. The individual user is the key element in making this program successful. Finally, it is intended that the procedures established herein are viewed as minimum standards for each department, who may wish to establish additional controls beyond those suggested by the procedures. Page 52 of 91 SCOPE This procedure will be applicable to those departments who have selected employees to use Purchasing Cards to purchase goods, services, travel and training, or for specific expenditures incurred under conditions approved by these procedures, i.e. emergencies. The decision of when a Purchasing card is issued, to whom, and the dollar limitations will be as requested by the Department Director and approved by the Office of Management and Budget Director and /or the Purchasing Card Program Administrator. APPLICABILITY This procedure applies to all departments of the BOCC. BACKGROUND A number of unique controls have been developed for this program that does not exist in a traditional credit card environment. These controls ensure that each card can be used only for specific purposes and within specific dollar limits. In addition, certification of all purchases is required by each Cardholder, with verification performed by their immediate supervisor before payment is made to the vendor. LIMITS AND RESTRICTIONS The following limits can be uniquely established: Spending amount per day, billing cycle, and month. The Cardholder can only incur transactions totaling a predetermined dollar amount within any defined period. Go 2. Number of transactions per day, billing cycle and month. The Cardholder can r only incur a predetermined number of transactions within a predefined period. N CD 3. Single Purchase Amount. A limited dollar amount for any single transaction. Cardholders shall not split transactions to stay within their limits. 4. Merchant Category Codes (MCC). The MCC are assigned by VISA to a >- merchant which identifies the primary type of goods or service they provide. The MCC are designed to offer every combination possible and restrictions are 0. imposed at the point of sale if the blocked merchant requests authorization for the z transaction. M BENEFITS: There are many benefits to using the Purchasing Card including: Board of County Commissioners Benefits a. Simplifies the purchasing process for the large number of low dollar purchases, freeing up time for large dollar purchases. b. Significantly reduces the overall transaction processing cost per purchase. C. Increased accountability. d. Provides management information electronically which is currently unavailable. Page 53 of 91 2. Cardholder Benefits a. Convenience of purchasing without an intensive Requisition /Purchase Order processing system. b. Expedites the delivery of goods or services to the job site. C. Expands the list of merchants from whom purchases can be made. 3. Merchant Benefits a. Expedites payment to the merchant within 48 hours b. Reduces merchant maintained "account" paperwork. C. Lowers risk of nonpayment. TRAINING All Cardholders will complete training before they are issued a Purchasing Card. 1. Participating in the Purchasing Card Program is a privilege being offered by the BOCC. If the County Administrator through the Purchasing Card Program Administrator becomes aware of any inappropriate or late approval of transactions, Cardholder privileges may be cancelled. 2. It is expected that the Purchasing Card Procedures and training program will assist you in making this program a success. 1. CARDHOLDER SPENDING LIMITS 1.1. The Delegation of Authority that has been provided to each Cardholder will set the maximum dollar amount for each single transaction up to a maximum amount of $2,499.99 at the Director Level for the small non - stocked products and services or for travel and training. Each time a Cardholder makes a purchase with his /her Purchasing Card, this limit will be checked, and the authorization request will be declined should the amount exceed the limitation. 1.2. Purchasing Cards issued to the Mayor and County Commissioners, County Administrator, Assistant County Administrators, Department Directors, Purchasing Card Program Administrator, Purchasing Agents /Buyers may be authorized for a higher maximum amount per purchase. 1.3. Purchasing Card Program Administrator or Backup Purchasing Card Administrator may establish different limits for each employee with the recommendation of the employee's Department Director and approval by the County Administrator or Assistant County Administrator. Assistant County Administrators or Purchasing Director may delegate authority when and where such action is deemed necessary. Page 54 of 91 2. USE OF PURCHASING CARD 2.1. THE PURCHASING CARD IS TO BE USED FOR BOCC PURCHASES ONLY. CASH ADVANCES THROUGH BANK TELLERS OR AUTOMATED TELLER MACHINES ARE PROHIBITED. 2.2. CARDHOLDER RESPONSIBILITY — The Purchasing Card that the Cardholder receives has his /her name embossed on it and the card shall not be lent to any other person. 2.2.1. Every Cardholder is responsible for the security of their Purchasing Card. All precautions shall be used to maintain confidentiality of the Cardholder's account number and expiration date of the Purchasing Card. 2.3. CONDITIONS FOR USE — The total of a single purchase to be paid for using the card may be comprised of multiple items but cannot exceed the authorized single invoice limitation. Purchases will be denied if any preset limits are exceeded. Payments for purchases are not to be split in order to stay within the single purchase limit. 2.4. When using the Purchasing Card, Cardholders should: 2.4.1. Ensure that the goods or services to be purchased are allowable. 2.4.2. Determine if the intended purchase is within Cardholder's Purchasing Card limits. 2.4.3. Advise the supplier /merchant that the purchase will be made using the VISA Purchasing Card in advance. 2.4.4. Inform the merchant that the purchase is tax - exempt Review the receipt before leaving the store and if taxes were included, request a credit. 2.4.5. If using the Purchasing Card for travel, membership dues, conference, training or other transactions that require prior approval, make sure all appropriate forms are completed and approved prior to making the purchase. 2.5. When placing telephone or mail orders, Cardholders should notify the merchant in advance and request that a credit be processed for the amount of the tax charged. 2.5.1. If you place a telephone or mail order and sales tax was charged, contact the merchant and request that a credit be processed for the amount of the tax charged Page 55 of 91 2.5.2. Purchases made in Florida and for use in Florida are exempt from Florida sales and use taxes. The BOCC tax exempt identification number is printed on the Purchasing Card. 2.5.2.1. As with all BCOC purchases, the Cardholder must be diligent when dealing with the merchant regarding taxes. 2.5.3. Make sure the merchant understands that charges are not to be billed until the item(s) are actually received by the Cardholder. 2.5.4. If an item(s) is not currently in stock, and is back ordered, remind the merchant that the Purchasing Card cannot be billed until the back ordered item(s) are actually received by the Cardholder. 2.5.5. To ensure prompt delivery of items ordered by telephone or by mail, provide the merchant with the appropriate delivery of information — do not use Post Office Box or "Ship To" address. Request that you name and "Ship To" address with room number (where applicable) are clearly marked on the outside of the package. 2.5.6. Instruct the merchant to send the sales receipt directly to the Cardholder and not to send an invoice to the Clerk's Office, since the merchant will be paid by the merchant's financial institution 2.5.7. Tell the supplier /merchant that any shipping or delivery fees must be included in the unit price — FOB: Destination. (A delivery point in Monroe County.) 2.6. Returning Merchandise Purchased with the Card — Cardholder is responsible for managing any returns /exchanges and ensuring that proper credit is received for returned merchandise. 2.6.1. Contact the vendor and obtain instructions for return. 2.6.2. Review your next card statement to ensure that your account is properly credited for the return. 2.6.3. A pattern of returns and exchanges that indicate improper or inaccurate initial product selection shall be reviewed and may result in loss of privileges for the card holder. Page 56 of 91 2.7 The Purchasing Card may be used for other travel or transportation related expenses as follows: 2.7.1. When Cardholder must check a bag, and the airline imposes a charge, the check bag charge is allowed. 2.7.2. A 20% tip for taxi drivers is allowed. The tip should not exceed 20% and should be included as part of the original transaction." 2.7.3. Hotel internet charges necessary to conduct OFFICIAL COUNTY BUSINESS while on County travel is allowed. Traveler must certify on the daily transaction log and official Florida State Travel Voucher that the expense was required to conduct County business. 3. DOCUMENTATION, RECONCILIATION AND PAYMENT PROCEDURES 3.1. Documentation — Any time a purchase is made that will be paid using the Purchasing Card, the Cardholder is to obtain a customer copy of the charge slip, which will become the accounting document. Make sure all carbons, if used, and any excess copies are destroyed. 3.2. Missing Documentation — Missing documentation may result in the cancellation of the employee's purchasing card. NO exceptions will be made. Cardholders must keep all receipts, boarding passes and any other documentation such as packing slips registration, etc. as normally required by the Clerk of the Court for payment. 3.3. Payment and Invoice Procedures — Purchases made by employees will be paid by the Clerk's Office once the Cardholder's certification and the approving official's verification has been completed and the account number has been assigned for each transaction. 3.3.1. Receipts: The Purchasing Card receipt or vendor's sales receipt for purchases must be supplied When purchases are conducted by telephone, you must fill out the Telephone Order Forms and request the vendor to forward the receipt to you. These receipts, and any Telephone Order Forms, are to be stapled to the Daily Purchase Card Purchase Report. Failure to keep adequate receipts will lead to the loss of Purchasing Card privileges. 3.3.2. The Purchasing Card issuer, Bank of America, will provide one copy of the billing statement to the Program Card Administrator at the end of the billing cycle. The Cardholder may request a copy of the billing statement at any time. This statement will have a listing of all items processed with the billing cycle. In addition to the monthly billing statement, the Purchase Card Administrator Page 57 of 91 or designee will periodically review the Cardholder's statement using Bank of America's on -line services. 3.3.3. Immediately following a purchase, the Cardholder must submit the charge slip to his /her department's director, via their immediate supervisor. The charge slip must be stapled to a completed Daily Purchase Card Purchase Report. Non- compliance may mean denial of future use, or other disciplinary action. 3.3.4. The department's director reviews the Daily Purchase Card Purchase Report received from the Cardholder and where applicable, a "Statement of Dispute ", is attached. Once review is completed, the department's director will forward to the Purchasing Card Program Administrator within two (2) days after receipt from Cardholder. The department's director will fax all "Statement of Disputes" to Bank of America. 3.3.5. Travel: The Purchasing Card Issuer will issue the "Statement" on a scheduled basis each month. It will be the responsibility of the Cardholder to provide his /her designated representative with the receipt for that month should travel or extended leave be scheduled at the time the statement is due and he /she will not be able to complete the statement. The designated representative will complete and make a copy of the statement for the absent employee, and shall forward the copy of the statement to the Purchasing Card Administrator with the rest of the Cardholder's statements. The original Cardholder statement will be signed by the employee at the time he /she returns and submitted. 3.3.6. The Purchasing Card Administrator will be responsible for reviewing completed statements from all Cardholders, verifying approval of purchases, resolving any questions on the purchases, and signing the cover letter that accompanies the statements and forwarding completed package with all attachments to the Clerk's Office within seven (7) working days after receipt from the department directors. All statements should be furnished to Clerk's Office at the same time. Should the Purchasing Card Program Administrator not receive all of the statements, it will be his /her responsibility to contact the appropriate department director and have the statements furnished at once. If, however, one or more statements are for some reason not received, the remaining statements shall not be held while that one or more are pending. Page 58 of 91 3.3.6.1. All late attachments to the Statement must be stapled to the statement and be sent to the Clerk's Office not later than the seventh working day after being received by the Card Administrator. 3.3.7. If a Cardholder had no purchase activity on his /her credit card for a particular billing cycle, no Statement will be generated for the Cardholder (unless adjustments for previously billed transactions are processed during that cycle). 4. TRANSACTION APPROVAL 4.1. Approval of the transactions that a Cardholder had made using their Purchasing Cards, will not be totally defined in this procedure. Department Directors, because of his /her knowledge of the job responsibilities of Cardholder, are required to look at each Cardholder's purchases, and at the merchant who made the sale in order to determine if these items were for Official Use and if they were items allowed to be purchased in accordance with the instructions provided. 4.1.1. If for any reason the Department Director questions the purchase(s), it is his /her responsibility to resolve the issue with the Cardholder. If they cannot be satisfied that the purchase was necessary and for Official Use, this would include an accidental or inadvertent purchase, then the Cardholder must provide an immediate payment for the purchase or a Credit Voucher proving the item(s) had been returned for credit. 4.2. The County Administrator will be responsible for resolving abuses by each Cardholder. Appropriate disciplinary action will be taken against any Cardholder who misuses their privileges of up to and including dismissal. 4.2.1. Should it be evident that an unauthorized purchase was knowingly made, the County Administrator will determine what action will be taken based on the facts presented by the Purchasing Card Program Administrator. 5. DISPUTES /UNAUTHORIZED CHARGES 5.1. If a suspicious charge appears on a monthly statement, the Cardholder should first attempt to verify the charge with records of purchase. If the Cardholder does not agree with the charge posted on the statement, the Cardholder must notify the bank in writing, using the "Cardholder Dispute Form ". A copy of the "Cardholder Dispute Form" will be forwarded with the statement through the end -of -month processing cycle for the statement. The bank will research the disputed charge and make the necessary adjustments. Page 59 of 91 5.2 Credit to Account — When the bank receives proper notification of a disputed charge, the charge amount will be removed from the total owed by BOCC and shown on the monthly statement as a "suspense" item. When the dispute is resolved, the charge will either be removed from the monthly statement (if the charge was improper) or charged to the Cardholder's department (if research shows the charge was valid). 5.3. If items purchased with the Purchasing Card are found defective or the repair or services faulty, the Cardholder has the responsibility to return item(s) to the merchant for replacement or to receive a credit on the purchase. (Returns that require shipping will be coordinated through the Purchasing Department.) CASH REFUNDS WILL NOT BE PERMITTED. If the merchant refuses to replace or correct the faulty item, then the purchase of this item will be considered to be in DISPUTE. 5.4. A disputed item must be noted on the Cardholder's Statement. In addition, a "Cardholder's Statement of Disputed Item" form must be completed by the Cardholder with appropriate documentation attached, if necessary. This form will be forwarded with the statement through the end -of -month processing cycle for the statement. 5.5. Disputed items are items that the customer (County) does not believe he /she has received the item purchased, or the item has a defect. The dispute must be resolved between the merchant and the cardholder before any payment can be made. 5.6. It is essential that the time frames and documentation requirements established by the Purchasing Card Issuer be followed to protect the Cardholder's rights in dispute. Dispute policies and procedures issued by the Purchasing Card Issuer will be provided at the time Purchasing Cards are issued to Cardholder. 5.7. Fraudulent or improper items may be covered by the Liability Waiver. However, disputed items are not considered fraudulent. 6. REQUEST FOR INITIAL, ADDITIONAL OR CHANGES TO PURCHASING CARD 6.1. Requests for a new Cardholder or changes to a current Cardholder will be done by submitting "Request for Purchasing Card" form. The Form will be processed by the affected Department Director, who will forward the request to the Purchasing Card Program Administrator. Page 60 of 91 6.2. All requests for Purchasing Cards must be approved by the Purchasing Card Program Administrator and /or the Office of Management and Budget Director. 6.3. The Purchasing Card Program Administrator's name must be provided to Clerk's Accounts Payable/Receivable Department and kept current. 6.4. When Purchasing Card Program Administrator receives the Purchasing Card from the credit card issuer, they shall print on the back of the card the following statement: "SEE DRIVER'S LICENSE" 7. ANNUAL INVENTORY OF PURCHASING CARDS On an annual basis, the Purchasing Card Program Administrator will provide a list of Purchasing Cards issued to employees for each department. The Purchasing Card Program Administrator will conduct a physical inventory of Purchasing Cards and prepare a report on the results of the physical inventory. Additionally, spot check inventories of partial or whole departments may be held at any time and without prior notification. 8. LOST OR STOLEN PURCHASING CARDS 8.1. Should an employee lose or have their Purchasing Card stolen, it is the responsibility of the Cardholder to immediately notify the credit card issuer, their Department Director, the Purchasing Card Program Administrator and the Clerk's Accounts Payable/Receivable Department of the loss. The telephone number of the credit card issuer will be provided when the Purchasing Card is issued to the Cardholder. 8.2. To report a lost /stolen card: The Cardholder must call Bank of America, Customer Service, at 800 -538- 8788 immediately upon discovering that the card has been lost or stolen. Help is available 24 hours a day. Also call the BOCC Purchasing Card Administrator as early as possible on the first available business day during normal business hours at (305) 295 -4315. 8.3. Failure to promptly notify the issuing bank of the theft, loss, or misplacement of the Purchasing Card could make the BOCC and /or the Cardholder responsible for any fraudulent use of the card and result in loss of privileges and /or disciplinary action for the Cardholder. 9. EMPLOYEE TERMINATION /TRANSFER Page 61 of 91 9.1 A Cardholder who terminates their employment must relinquish their Purchasing Card at the time of the separation from BOCC to their Department Director who will forward the card to the Purchasing Card Programs Administrator. The Purchasing Card Program Administrator will notify the bank and the Cardholder's card will be immediately deactivated. A Cardholder who fraudulently uses the Purchasing Card after separation from BOCC will be subject to legal action. 9.2. Transfer of an employee within their Department — If a Cardholder is transferred with their department, it will be the responsibility of the Department Director to determine if the Cardholder should retain his /her current Purchasing Card. If it is determined that the Purchasing Card should be kept by the Cardholder, the master file will be changed upon notification to the Purchasing Card Program Administrator, using the New Card /Change From, thereby eliminating the need for issuing a new Purchase Card. 9.3. Transfer of an employee to another BOCC Department - If a Cardholder is transferred to another BOCC department, it will be the responsibility of the new Department Director to determine if the Cardholder should retain his /her current Purchasing Card. If it is determined that the Purchasing Card should be kept by the Cardholder, the master file will be changed upon notification to the Purchasing Card Program Administrator, using the New Card /Change Form, thereby eliminating the need for the issuing of a new Purchasing Card. 9.4. Purchasing cards cancelled for any reason, shall be destroyed by cutting it down the center of the magnetic strip and returning both parts to the Purchasing Card Program Administrator for recording and destruction. 10. AUDITS /REVIEWS 10.1. The Card Program Administrator may randomly review Card activity and usage and receipt retention for compliance. 10.2. The Clerk's office may conduct random audits on card activity and usage and receipt retention, reconciliations, compliance, etc. 11. FEEDBACK Your feedback regarding this program is important. The Purchasing Card Program Administrator needs to know if you have any issues and we welcome suggestions for improvement. Page 62 of 91 12. ACCOUNTING /PURCHASING PROCEDURES AND ACCOUNTING /TRAVEL AND TRAINING PROCEDURES These procedures must be in compliance with Monroe County's Purchasing Policy and Procedures and must be incorporated with the State of Florida Purchasing Card Guidelines, where applicable. 13. MERCHANT SIGN -UP It is important to the success of the Purchasing Card Program that merchants interested in doing business with the BOCC via the Purchasing Card receive assistance in doing so. If merchants currently accept VISA credit cards, they are already equipped to accept BOCC Purchasing Cards. A merchant who is not currently accepting VISA credit cards should contact the Bank of America merchant service provider, their own financial institution, or other merchant service provider. Page 63 of 91 QUICK REFERENCE 1. What is a Purchasing Card ■ A credit card that is used as an alternative payment method for small dollar and travel and training expenditures for non - stocked products and services, for travel and training, or as otherwise approved for the individual Cardholder. 2. What re the advantages of using the Purchasing Card ■ Improved user satisfaction due to prompt order confirmation and accelerated product receipt. ■ Improved vendor relations by eliminating the potential for late payments; the vendor is paid within 48 hours. 3. Who may have a Purchasing Card, and how do you obtain one ■ Any Commissioner and /or employee responsible for making purchases that is recommended by their Department Director and is approved by the Purchasing Card Program Administrator. 4. What is the responsibility of the Cardholder ■ Upon acceptance of the Purchasing Card, employee must sign a "Cardholder Agreement ". Signing this agreement, acknowledges employee receipt of the card and acceptance of responsibility for abiding by the terms and conditions of the agreement. ■ Ensure that usage of the card conforms to procedures and that the card is used only for official business purposes. ■ Cardholder will obtain and verify charge receipts after each purchase and attach to the Daily Purchase Card Purchase Report. ■ Cardholder must obtain their Department Director's approval on the Daily Purchase Card Purchase Report. ■ Initiate and handle disputed charges. 5. What is the Department Director's responsibility ■ Identify and recommend employees who should be issued a Purchasing Card. ■ Identify and recommend limitations. ■ Ensure that the Purchasing Cards used in their department conform to BOCC policy and program guidelines as well as the Purchasing manual. ■ Review and sign detailed Daily Purchase Card Purchase Report. ■ Forward Reports with receipts to the Purchasing Card Program Administrator. Page 64 of 91 6. What is the responsibility of the Purchasing Card Program Administrator? ■ Manage, authorize, terminate, and maintain a file of individuals authorized to conduct Purchasing Card transactions. ■ Respond to questions concerning Purchase Card expenditures. ■ Periodically review Cardholder's activity using Bank of America's on- line services. 7. How are purchases made? ■ Cardholder calls or visits vendor and places order. ■ Cardholder provides the vendor with the Purchasing Card number and delivery instructions. 8. Does the Purchasing Card have a spendin limit? imit? ■ Individual transactions limited up to a pre- approved amount for small non - stocked products and services, for travel and training, or as otherwise approved by the Purchasing Card Program Administrator under the direction of the Office of Management and Budget Director and the County Administrator. 9. What hannens if the statement is incorrect or an item needs to be returned? ■ Cardholder notifies credit card issuer if incorrect charge is identified on the statement. ■ Cardholder works with the vendor to arrange for returns and credit. ■ Cardholder verifies that credit appears on next statement. 10. What types of purchases are allowable? ■ The Purchasing Card is to be used for purchases of small dollar expenditures. These items can be purchased and picked up directly at the vendor, or can be ordered by telephone or fax and delivered to the Cardholder. 11. What purchases are disallowed? ■ The Purchasing Card cannot exceed limitations placed on the individual card for non - stocked products and services, for travel and training or as otherwise approved by the Purchasing Card Program Administrator. ■ Splitting of requirements — not allowed. ■ Entertainment ■ Meals — The County has an ordinance in effect with respect to meals, please see Ordinance No. 009 -2015. Restaurant commodity codes will be excluded and meals are prohibited. ■ Personal use. ■ Cash advance. ■ Gasoline. ■ Vehicle Repairs (excluding Fleet Management). ■ Alcoholic beverages. ■ Tobacco products. Page 65 of 91 Non -work or personal use items and services. Services such as consultants or construction. Telephone Credit Card. 12 It should be noted that the Purchasing Card will be used by designated personnel to pay for issued Purchase Orders and other purchases not available to the general users. DEFINITIONS Appointed Representative — An individual the Department Director selects to act on their behalf. Approver — A person delegated the responsibility of reviewing Cardholder transactions to ensure the appropriateness of activity and timely processing of charges (Department Director). Billing Cycle — The monthly billing period that begins the 4 day of each month and ends the 27 day of each month with a 14 -day grace period before payment is due. Cardholder — The BOCC employee to whom a written Delegation of Authority has been given granting the use of the Purchasing Card to make purchases within present limits on behalf of BOCC. Cardholder Profile — Parameters that are set for a designated Cardholder that identify the Cardholder, sets default accounting codes and provides restrictions or spending limitations in the Purchasing Card system. Cash Advance — Prohibited on the Purchasing Card as well as personal purchases. Charge Slip /Documentation — Itemized list of individual purchases on receipt. Contractor /Issuer — Bank of America. Credit — Charged amount removed from total owed by the BOCC. Cycle Limit — A maximum dollar value of charges and /or number of transactions that may be applied to a Cardholder's purchasing authority for the billing cycle. Daily Limit - A maximum dollar value of charges and /or number of transactions that may be applied to a Cardholder's purchasing authority per day. Delegation of Authority — A document issued by the Purchasing Card Program Administrator that established the individual as an authorized Cardholder. The delegation of authority will specify spending and usage limitations unique to that Cardholder. Delivery Address — Complete address including Cardholder's name and room number (where applicable). Designated Representative — Department Director is to review Cardholder's monthly statement's receipts and transactions to ensure the appropriateness of activity and timely processing of charges and /or credits applied to that department. Dispute — For items purchased and found defective or faulty, the Cardholder can return the item to the merchant who will initiate a credit that will appear on the next month's statement of account. MCC — Merchant Category Code assigned to merchant by the Credit Card Company, i.e. VISA, which identifies the primary goods or services provided by the merchant. Monthly Limit — A maximum dollar value of charges and /or number of transactions that may be applied to a Cardholder's purchasing authority during a month. Page 66 of 91 Non -stock Materials — Materials not available through supply inventory. Official Use — Necessary merchandise purchased for BOCC use. Payer- The payer will be Monroe County Board of County Commissioners, through the Finance Department, ensuring that adequate or appropriate accounting codes are assigned. Normally, this will be the last level of review prior to processing for payment but is not part of the "approval" levels. Purchasing Card — A credit card that is used as an alternative payment method. Purchasing Card Programs Administrator — The individual who is responsible for the Board of County Commissioners' (BOCC) Purchasing Card Program. Reconciler — The individual who reconciles Cardholder receipts. Reconciliation — Balancing charge slips with bank statement. Services — Non - personal temporary work. Single Purchase Limit — Each Cardholder will be limited to a preset maximum amount on any single small non - stocked product or service, for travel and training or as otherwise determined by the Purchasing Card Program Administrator. Small Purchase — An acquisition of supplies, and non - personal services in the amount of $999.99 or less and purchased without a Purchase Order. Statement — Monthly record of charges and credits. Tax Exemption — All purchases shall be exempt from state and local taxes, in accordance with state law. Page 67 of 91 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PURCHASING CARD To: Purchasing Card Program Administrator From: DEPARTMENT NAME Subject: REQUEST FOR PURCHASING CARD Request the following employee be authorized a BOCC Purchasing Card: Full Name: (Type or Print) Sample Signature: Title: Florida Driver's License # Immediate Supervisor: Restrictions: Single limitation: $ Monthly limitation: $ Types of products to be authorized: COUNTYADMINISTRATOR / PURCHASING CARD ADMINISTRATOR ASSISTANT COUNTY ADMINISTRATOR (TYPE OR PRINT) (TYPE OR PRINT) SIGNATURE OF COUNTY ADMINISTRATOR/ SIGNATURE OF PURCHASING CARD ADMINISTRATOR ASSISTANT COUNTY ADMINISTRATOR cc: Authorized Employee Employee Number: R.. Page 68 of 91 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CARDHOLDER AGREEMENT Please review the terms stated below and sign: I agree to use this Purchasing Card only for actual and necessary BOCC business expenses incurred by me in accordance with the BOCC Purchasing Card Procedures. I have read the Purchasing Card Procedures, and agree to abide by the procedures contained therein. I acknowledge that use of this card for any purpose other than BOCC approved business expenses are prohibited and will be grounds for corrective action, up to and including termination. In addition, I agree that I must reimburse the BOCC for any such charges. I agree to surrender the Purchasing Card immediately upon retirement, termination or upon request of an authorized representative of the BOCC. I understand that use of the Purchasing Card after privileges are withdrawn is W prohibited. Go r r If the card is lost or stolen, I will immediately notify the issuing bank (Bank of N CD America) by telephone. I will confirm the telephone notification by mail or facsimile to the issuing bank and with a copy to my Department Director and the Purchasing Card Program Administrator. I understand that failure to promptly notify the issuing bank of the theft, lost, or misplaced Purchasing Card could make me responsible for any fraudulent use of the card. Bank Contact: Jeri Winkleblack, Vice President, Florida Account Manager 850 -561 -1737 Fax: 850-561-1965 Customer Service: 800 - 822 -5985 Fax: 757- 823 -7473 Cardholder TYPE OR PRINT NAME Signature: Date: Department: Phone Number: cc: Cardholder Page 69 of 91 Monroe County Purchasing Policy and Procedures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DAILY PURCHASE CARD PURCHASE REPORT Cardholder (Type Name) Department Director: Statement for the Month of: Department Ext. Date Receipt Inv. # *Attached Description of Purchase Merchant's Name Dollar Amount of Purchase Dispute( d)/ Credit (c') Cost Center /Account # Cardholder's Signature: Director's Signature for Approval: *REMEMBER TO ATTACH ALL RECEIPTS (PURCHASE AND CREDIT). Page 70 of 91 Monroe County Purchasing Policy and Procedures Bank of America Phone 1- 800 -538 -8788 Fax 1- 800 - 253 -5846 Outside of U.S. (757) 677 -4705 Fax (757) 677 -4361 Attn: Commercial Card Services CARDHOLDER STATEMENT OF DISPUTED ITEM Company Name: Cardholder Name: Cardholder Account Number: Statement Date Transaction Date Merchant Naine /Description Amount Posting Date Reference Number Check the description most appropriate to your Dispute. If you have any questions, contact Bank of America at 1 -800- 538 -8788. 1. Alteration of Amount: The amount of the sales draft has been altered from $ to $ (Please include copy of sales draft.) 2. Unauthorized Mail or Phone Order: I certify the charge listed above was not authorized by me or any person authorized by me to use this account. I have not ordered merchandise by phone or mail, or received goods and services as represented above. 3. Cardholder Dispute: I did participate in the above transaction, however, I dispute the entire charge, or portion, in the amount of $ because: 4. Credit Not Received: The merchant has issued me a credit slip for the transaction listed above, however, the credit has not posted to my account. The date on the voucher is between 30 and 90 days old. (Please include a copy of the credit voucher.) 5. Imprinting of Multiple Slips: The above transaction represents multiple billing to my account. I only authorized one charge from this merchant for $ I am still in possession of my card. 6. Merchandise Not Received: My account has been charged for the above transaction, but I have not received this Merchandise. I have contacted the merchant. Page 71 of 91 Monroe County Purchasing Policy and Procedures 7. Merchandise Not Received: My account has been charged for the above transaction, but I have since contacted the merchant and canceled the order. I will refuse delivery should the merchandise still be sent. 8. Merchandise Returned: My account has been charged for the transaction listed above, but the merchandise has been returned. Provide a description of the circumstances. (Please include postal receipt if applicable.) 9. Inadequate Description[Unrecognized Charge: I do not recognize this charge, please supply a copy of the sales draft for my review. 10. I am no longer disputing this charge. 11. Other /Comments Page 72 of 91 PURCHASING CARD TELEPHONE ORDER (For Internal Use Only, Retain With Receipts) Reminder: Board of County Commissioners is exempt from Florida Sales Tax. Give vendor the tax exemption number on the Purchasing Card. It is the Cardholder's responsibility to obtain receipts from telephone purchases, attach them to this form, and forward this form and the receipts with their monthly statements. Name Phone Number Date Order Placed Order called in by (Cardholder's Name) Order Called to (name of supplier's representative) Item # Detailed description of items /services U/I Quantity Cost per U/I Extended Cost: ordered (size. etc.) TOTAL PURCHASE: 1 $ Page 73 of 91 Monroe County Purchasing Policy and Procedures ATTACHMENT D. FORMS: 1. Monroe County Purchasing Authorization Form 2. Monroe County Request to Purchase Form 3. Monroe County BOCC Audit Slip 4. Business Card Order Form 5. Vendor File Request form 6. Contract Summary Form for Contracts Less Than $50,000.00 7. Contract Renewal Form for Contracts Less Than $50,000.00 Page 74 of 91 Monroe County Purchasing Policy and Procedures Employee: Name Department: Log -on ID: Phone #: Ext.: (Finance Plus) Location: Courier Stop # LEVEL OF PURCHASE AUTHORITY PLACE "X" IN THE BOX TO INDICATE LEVEL/TYPE OF AUTHORITY PURCHASING LEVELS PURCHASING AUTHORITY "X" FOR TOTAL DOLLAR AMOUNT (WHO APPROVES /PAYS) AUTHORITY LEVEL $.01 - $1,000.00 Department Director or their designees. Request to Purchase form/Purchase Order not required. $1,000.01 - $5,000.00 Department Director or their designees. Requires Request to Purchase form or electronic to Purchasing. For Purchase of $3,500.00 or more three (3) or more price quotes are also required by the Requesting Department. $5,000.01 - $10,000.00 Department Director or their designees. Request to Purchase form along with three (3) or more price quotes as documented by requesting Departments. $10,000.01 - $19,999.99 Department Director only. Request to Purchase form along with two (2) or more price quotes as documented by requesting Departments. $20,000.00- $49,999.99 Request to Purchase form along with three (3) or more County Administrator, price quotes. Requesting Department will solicit bids . Assistant County Administrator or Purchasing Director onl $50,000.00 AND OVER Competitive Bid process BOCC BOCC prior approval required. Governed by County ordinance, as supplemented by the Purchasing Policies and Procedures Manual. COST CENTERS Employee Signature Approved By: Department Director Initials Approved By: County Administrator Assistant County Administrator Purchasing Director PURCHASING USE ONLY: Data received & sent to Finance ( ) Purchasing Section Initials Date MONROE COUNTY PURCHASING AUTHORIZATION FORM — (D.1) Title: First Last ; R.. Page 75 of 91 Monroe County Purchasing Policy and Procedures MONROE COUNTY BUDGET & FINANCE PURCHASING DEPARTMENT PH: 305-292-4453 FAX: 305-292-4515 REQUEST TO PURCHASE (D.2.) To: Purchasing Department Date: From (Dept. Purchasing Approval: Name: By: Phone /Ext: Account: Ship Code to Location: Grant /Project Items needed by: Vendor Name: Remarks /Recommendations: Administrative Instructions: Reviewed ( ) By: Purchasing Office use only: Reviewed ( ) By: Revised BOCC 3/15/17 Date: Date: Page 76 of 91 Monroe County Purchasing Policy and Procedures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUDIT SLIP Vendor Name Invoice 4 Invoice Date Invoice Amount $ Fund / (Optional) (Optional) Cost Ctr Account 4 Project 4 Project Acct Description (Opt) Description (Opt) Description (Opt) Description (Opt) Description (Opt) Vendor Number Amount Review Signature Date Approve to $1,000.00 Signature Date $1,000.01 to $5,000.00 Signature Date $5,000.01 to $10,000.00 Signature Date $10,000.01 to $19,999.99 Signature Date $20,000.00 to $49,999.99 Signature Date $50,000.00 & greater BOCC Approval Notes: Only one invoice per audit slip, please!! BOCC Depts. complete all areas. Invoice # must be the invoice number from the vendor's invoice. Description is a 25- position field for additional information. Revised BOCC 3/15/17 R.. k Page 77 of 91 Monroe County Purchasing Policy and Procedures ( ( 2 ) (3) (4) (5) BUSINESS CARD ORDER FORM (D.4.) YOU ONLY HAVE FIVE 5 LINES TO PRINT INFORMATION. PLEASE TYPE AND DOUBLE CHECK THE INFORMATION, THIS FORM WILL BE SENT TO THE VENDOR. BELOW IS A SAMPLE OF THE STANDARD MONROE COUNTY BUSINESS CARD. ATTACH THIS FORM TO A REQUEST TO PURCHASE FORM AND RETURN TO THE PURCHASING OFFICE. BUSINESS CARD ORDERS ARE PROCESSED AND ORDERED UPON RECEIPT. OMB FORM 02/27/2014 Page 78 of 91 Monroe County Purchasing Policy and Procedures BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA c11 ' r - ATTACHMENT D.5 New: ❑ Vendor: Posted By: Date: Change: ❑ "See Note Below" VENDOR FILE REQUEST FORM Vendor Name: Search Name /Abbrev.: Street Address: P. O. Box: City /State: Zip: Phone: Remittance Name & Address (If different from above) Vendor Name: Search Name /Abbrev.: Street Address: P. O. Box: City /State: Zip: Contact Name: Tax ID Number or S.S.N. Fax Number: 1099 Required: Yes ❑ If yes, please check 1099 type. Notes: ❑ R Requested By Dept. ALL DEPARTMENTS Date: Submit this form electronically, with the required W -9 attached, to the Clerk's Finance Department. Finance will process with a maximum turnaround time of 24 hours. This form must be accompanied by a W -9 to set up a new vendor or if the vendor information has changed. *Note* In order to change vendor information, supporting documentation must be attached. Requesting Department must comply with Chapter 2. D.6. when submitting this form.Revisea BOCC 3/15/17 Rentals Phone: Contact Phone: 1099 Tyne ❑ A Attorneys No ❑ ❑ M Medical/Healthcare Pmts ❑ N Non - Employee Comp ❑ O Other Income R.. Page 79 of 91 Monroe County Purchasing Policy and Procedures ATTACHMENT D.6 Page 80 of 91 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Contract # Effective Date: Expiration Date: Contract Purpose /Description: Contract is Original Agreement Contract Amendment /Extension Renewal Contract Manager: (Name) (Ext.) (Department /Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ (must be less than $50,000) (If multiyear agreement then requires BOCC approval, unless the ioitd Budgeted? Yes❑ No ❑ Account Codes: - - - - Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Department Head Yes❑ No❑ Risk Management Yes❑ No❑ O.M.B. /Purchasing Yes❑ No❑ County Attorney Yes❑ No❑ Comments: Page 80 of 91 Monroe County Purchasing Policy and Procedures ATTACHMENT D.7 COUNTY ADMINISTRATOR CONTRACT RENEWAL FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Contract # Renewal Date: Expiration Date: Contract Renewal Notes: FAILURE TO MEET ONE OR MORE OF THE CONDITIONS SET FORTH BELOW WILL REQUIRE APPROVAL BY THE BOCC El The BOCC approved agreement provided for a renewal subject to the terms and conditions set forth in in the initial contract. ❑ The Contractor has performed in a satisfactory manner and the contract manager has verified satisfactory performance ❑ The Contractor has requested and agrees to renewal (renewal agreement should first be signed by Contractor) ❑ The renewal period is set forth in the BOCC approved agreement ❑ The total cumulative value, including any Consumer Price Index (CPI) increase, of the renewal is less than $50,000.00 The following Contract Manager has verified that the above conditions have been met. Contract Manager: (Name) (Ext.) (Department /Stop #) Page 81 of 91 Monroe County Purchasing Policy and Procedures FEDERAL FORMS TO BE USED WHEN FEDERAL FUNDS ARE UTILIZED OR EXPECTED TO BE UTILIZED AS SETFORTH IN ('HAp 14 Page 82 of 91 Monroe County Purchasing Policy and Procedures Monroe County Procurement Form (For all Purchasing Over $3,500.00) ATTACHMENT EA Reauirement(good /services to be procured): If brand name or equal salient characteristics are: Market Research: Research Method: ❑ Internet ( ) El Prior procurement files ( ) El Personal Knowledge of Local Trade Area ( ) ❑ Other ( 1 Potential Sources: Estimated Purchase Price: $ Additional Considerations: Considered Notes: Federal Surplus Property ❑ Aggregates or Break Up Purchase ❑ Lease vs. Purchase ❑ Planned /Expected Contract Type: ❑Fixed Price (including fixed price per unit) ❑ Cost Reimbursement plus fixed /fee /profit ❑ Other: R.. Notes: cost plus percentage -of -cost is prohibited; time and material has restrictions (See §200.318 0)(1) Monroe County Purchasing Policy and Procedures Monroe County Procurement Form (For all Purchasing Over $3,500.00) Procurement Method: ATTACHMENT E.1 ❑Micro- Purchase (Less than $3,500.00) ❑Sole Source Over $3,500.00 ❑Small Purchase Procedure ($3,500.00 Up to Noncompetitive - proposals Justification (refer to $49,999.99) ❑Written Solicitation of Price Chapter 14/2 CFR 200.320(f): Quotes (Please include) ❑Oral Solicitation of Price Quotes (attach documentation noting oral price quotes) Vendor contact information /Price quoted ❑Competitive Proposals ($50,000.00 or more) ❑Sealed Bids /Competitive Solicitation ($50,000.00 or more) Notification /Publication Plan: N/A if Micro - Purchase; Must be formally publicized if "estimated Purchase Price " is in excess of $50, 000. Signature Printed Name Title /Department Signature Printed Name Title/ OMB Department Page 84 of 91 Monroe County Purchasing Policy and Procedures ATTACHMENT E.2 Monroe County Procurement Form (For all Federal Competitive Solicitations of $50,000.00 or more) Solicitation Issue Date: Requirement (goods /services to be procured): tterors Received: Name Date Received /Bid opening Date Checked in SAM /DMS /etc. as per Entity Checklist (Attachment E.3) Selected Firm /Person /Entity /Company: Selection Rationale: The bid /Proposal was most advantageous to the County, price and other factors considered because Price Reasonableness Assessment: ❑Bonding Requirements are included: 5% of the bid price and Performance Bond of 100% of the contract price and Payment bond of 100% of contract price. *Rationale should be Consistent with RFP's stated evaluation factors *Rational should be consistent with Written Evaluation Plan Signature Signature Printed Name Printed Name Title /Department Title/ OMB DepartmentATTACHMENT E.3 Page 85 of 91 Monroe County Purchasing Policy and Procedures Debarred, Suspended or Ineligible Entity Checklist Entity Name: Federal /State Funding Agency: Federal /State Funding Program: Federal Excluded Parties List System (EPLS): Yes — � SAM.gov No — � State Convicted / Suspended /Discriminatory /Complaints Vendor Lists: dms.myflorida /com No US DHHS List of Excluded Individuals and Entities (LEIS): Yes 1_�] Exclusions /oig.hhs.gov No El Verified By: Signature Printed Name Title, Department Reviewed By: Signature Printed Name Title /OMB Department Yes [_] El Date Contract /Grant Manager Hurricane Request for Purchase ATTACHMENT E Page 86 of 91 Monroe County Purchasing Policy and Procedures Date of Request: Requester Name: Requester Signatur Requester Phone: Requester Email: Requesting Department: Vendor Name: Request: Reason for Request - -how was this caused by the hurricane? Type of purchase: Replenish Stock New Items /Materials Repair Work Replacement due to damage Where are the items /materials being used? What is the location of the repair or replacement work? If repair or replacement, is this temporary or permanent? Temporary Permanent Priority: Low Routine Urgent Please attached required number of quotes for the amount of this purchase. Purchasing Approval: Cost Center Account Project Account ATTACHMENT E.5 ......:..: Page 87 of 91 Monroe County Purchasing Policy and Procedures Vendor Name _ Invoice # Requester Name Vendor Number Invoice Amount $ Requester Department How was this caused by the hurricane? Type of purchase: Replenish Stock New Items/Materials Repair Work Replacement due to damage What is the location of the repair or replacement work or where the items /materials will be used? If repair or replacement, is this temporary or pennanent? _ Priority: Low Routine Urgent Fund / (Optional) Cost Ctr Account # Proiect # Description (Opt) Description (Opt) Description (Opt) _Temporary Pennanent Hurricane Tracking Number (Optional) Proiect Acct Amount Q Q Review Signature Approve to $1,000.00 Signature $1,000.01 to $5,000.00 Signature $5,000.01 to $10,000.00 Signature $10,000.01 to $19,999.99 Signature $20,000.00 to $49,999.99 Signature $50,000.00 & greater BOCC Approval Notes: Only one invoice per audit slip, please!! BOCC Depts. complete all areas. Invoice # must be the invoice number from the vendor's invoice. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS HURRICANE AUDIT SLIP Invoice Date Date Date Date Date Date Date Page 88 of 91 Monroe County Purchasing Policy and Procedures Addendum............................. .............................14 Administrative Instructions .............................5, 11 -14 Advertisement ........... ............................... .......12 Agenda Item ........................ ..........................16,30 11 -17 Appraisal Services ................. .............................17 11 Architecture......................................... .............................17 23 Audit and Accounting Services ............ .............................17 Award of Contract .................. .............................17 i Bid Deposit ......................... .............................13 Bid Security ......................... .............................13 11 -17 Bid specifications ................... .............................11 30, 33 Bids .......................... ............................... 11 -17 Blanket Purchase Orders ( BPOs) ......... .............................27 11 Business cards ................. ............................... 23 —C— CCNA................................. .............................18 Competitive Solicitation .............. ............................... 11 -17 Computers .................... ............................23, 30, 33 Consultants.......................................... .............................17 Contract Manager .............. ............................... 11 Contract Requirements ........................ .............................21 .............................24 Contract Review .. ............................... ...........................7,18 Contract Summary Form for Contracts Under $50K....9,79 Contract Renewal Form for Contracts Under $50K......9,80 Contracts.............................. .............................20 County Administrator . .............................4, 9- 11,67,68 CPI Computation ................... .............................21 DELEGATION OF AUTHORITY ...... .............................24 DemandStar ........................ ..........................11 -17 DESIGNBUILD CONTRACTS ......... .............................20 Direct negotiations .................. .............................16 Drug Free Workplace ........................... .............................23 MM Emergency Purchases .............. .............................25 E. O. C .................................................... ..............................7 Equal opportunity .............................. ..........................11,41 Ethics clause ....... ............................... ..........................22,23 Exceptions.......... ............................... ..........................23,56 EXCLUSIONS .................................... .............................24 MM Financial Services ................................ .............................18 WINO GSA Contracts ..................................... .............................26 Page 89 of 91 Monroe County Purchasing Policy and Procedures I— Insurance.............................................. .............................28 Inventory Items ............................ ............................... 30 -32 L— Latebids ............................. .............................17 Legal Services ...................................... .............................18 lowbidder ............................................ .............................18 MBE.................................................... .............................28 Medical Services .................................. .............................18 Minority Business Enterprise ............... .............................28 Monroe County Board of County Commissioners ..............5 Non - Collusion ..................................... .............................23 Non - Discrimination ................ .............................12 Notice Inviting Competetive Solicitation ........... 12 -13, 15 —M- -N— Office of Management and Budget ............................6 Piggyback............................................ .............................27 ............................... 36 -38 Preference to drug -free work place programs ...............23 ............................7,8 Preference to Florida businesses .......... .............................22 Software ....................... ............................... Procedures for Competitive Soliciatation ................11 -17 Procurement Policy Office .................... ..............................6 -17 Professional Services ........................... .............................18 SURPLUS items . ............................... Public Entity Crime Statement ............. .............................22 Public Notice .................... ............................13, 15 Purchasing Authority ...................... ............................... 8,11 Purchasing Cards ................. .......................33,51 -62 Purchasing Section ................................ ..............................6 P Radio communications ........................ .............................23 ............................... 36 -38 Recycled content .................................. .............................29 ............................7,8 Rejection of Bids / Proposals ................. .............................17 Software ....................... ............................... Request to Purchase ................ ...........................7,63 Sole Source .... ............................... Requesting Department .......... ...........................7 -17 _S_ Sealed bids ................................... ............................... 36 -38 Signature verification ........................... ............................7,8 SMALL BUSINESS & DISADVANTAGED BUSINESSES ...... 28 Software ....................... ............................... 11-17,23,28-52 Sole Source .... ............................... ..................7,24,25,39,83 State Contracts ..................................... .............................26 SURPLUS items . ............................... ..........................29,31 Page 90 of 91 Monroe County Purchasing Policy and Procedures T Telephone systems ............................... .............................23 Tie Bids / Proposals ............................... .............................17 Travel......................................... ............................23, 52 -57 -w- Waiver of Irregularities ........................ .............................17 - - -V - -- Vendor File Request Form .................... ..............................7 Page 91 of 91